CELEX: 31975R2289
Language: en
Date: 1975-09-05 00:00:00
Title: Regulation (EEC) No 2289/75 of the Commission of 5 September 1975 opening an invitation to tender for the mobilization of maize as food aid for the Republic of Mali

6. 9. 75                             Official Journal of the European Communities                            No L 235/9
                          REGULATION (EEC) No 2289/75 OF THE COMMISSION
                                                  of 5 September 1975
               opening an invitation to tender for the mobilization of maize as food aid for the
                                                    Republic of Mali
THE COMMISSION OF THE EUROPEAN                                 Whereas provisions should be made for security to be
COMMUNITIES,                                                   given for the purpose of guaranteeing that the obliga­
                                                                tions arising by virtue of participation in the invita­
Having regard to the Treaty establishing the European           tion to tender for supplies to the Islamic Republic of
Economic Community ;                                            Mali will be fulfilled ;
Having regard to Council Regulation No 120/                     Whereas the French intervention agency should be
67/ EEC (') of 13 June 1967 on the common organiza­             made responsible for the tendering procedure in ques­
                                                                tion ;
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 665/75 (2) ;
                                                                Whereas the Commission must be informed quickly
                                                                of the tenders submitted in response to the invitation
Having regard to Council Regulation (EEC) No                    and of those accepted by the intervention agency ;
1 693/72 (3) of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid, and          Whereas the Monetary Committee will be consulted ;
in particular Article 6 thereof ;                               whereas, in view of the urgency, the measures envi­
                                                                saged should be adopted in accordance with the condi­
Whereas on 3 March 1974 the Council of the Euro­                tions laid down in Article 3 (2) of Council Regulation
pean Communities declared that by way of Commu­                 No 129 (4) on the value of the unit of account and the
nity action it proposed to grant the Republic of Mali           exchange rates to be applied for the purposes of the
8 000 metric tons of maize under its 1974/75 food-aid           common agricultural policy, as last amended by Regu­
programme ;                                                     lation (EEC) No 2543/73 (5), and in particular Article
                                                                3 thereof ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 1693/72 the goods may be purchased                Whereas the measures provided for in this Regulation
anywhere on the Community market ;                              are in accordance with the Opinion of the Manage­
                                                                 ment Committee for Cereals,
Whereas the proposed invitation to tender should be
for supply of the products delivered cif, that is, at the
moment when the goods are actually placed on the                 HAS ADOPTED THIS REGULATION :
dock at the port of unloading ;
Whereas tenders may be submitted by tenderers esta­                                        Article 1
blished in any Member State of the Community and
 may relate to products mobilized anywhere within                1 . Tenders are hereby invited for the supply to the
those Member States ; whereas, in view of the currency           Islamic Republic of Mali by way of Community food­
situation in the Member States and in order to ensure            aid action of 8 000 metric tons of maize .
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the
                                                                 2. The tendering procedure shall take place in
currency situation in the Member State in which the              France in one lot. The product shall be mobilized on
customs export formalities will be completed ;                   the Community market. The procfuct shall be loaded
                                                                 for the departure from any Community port.
Whereas the award under the invitation to tender
 must be made in favour of the tenderer offering the             3. The invitation to tender provided for in para­
 best terms ;                                                    graph 1 is for supply of products delivered cif, that is
                                                                 to say, actually placed on the quay of the port of
 Whereas, should force majeure make it impossible to             Abidjan .
 complete the operation in question within the set
 time limits, it should be made clear who is to bear the         4. The successful tenderer shall deliver the product
 liability for any resulting costs ;                             specified in paragraph 1 cif to the port of Abidjan in
                                                                 new jute sacks of a net capacity of 50 kilogrammes.
(') OJ No 117, 19. 6. 1967, p. 2269/67.
(2) OJ No L 72, 20. 3. 1975, p. 14.                              (4) OJ No 106, 30 . 10 . 1962, p . 2553/62.
(3) OJ No L 178, 5. 8. 1972, p. 3.                               (5) OJ No L 263, 19 . 9 . 1973, p. 1 .
 ---pagebreak--- No L 235/ 10                      Official Journal of the European Communities                              6. 9 . 75
The following shall be printed on the sacks :                However, if the tenders submitted do not appear to
'Maïs — Don de la Communauté économique euro­               reflect normal market prices and costs, the interven­
péenne — Distribution gratuite.'                            tion agency may cancel the invitation to tender.
                        Article 2                                                     Article 5
 1.    The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken      1 . The tenderer shall give security in an amount of
on 19 September 1975.                                        five units of account per metric ton of goods.
2. The closing date for submission of tenders shall          It shall be released :
be 19 September 1975 at 12 noon .
                                                            — in the case of all tenderers whose tenders are
3.     The   notice of invitation  to tender shall   be
                                                                 unsuccessful or are not accepted,
published in the Official Journal of the European
 Communities not less than nine days before the             — in the case of the successful tenderer, when the
closing date for submission of tenders.                          operations concerned have been carried out within
                                                                 the prescribed time limit and on submission of
                        Article 3
                                                                 the original export licence duly granted and
                                                                 endorsed by the competent authorities of the
 1 . The prices offered must be expressed in the                 Member State mentioned in the tender pursuant
currency of the Member State in which the invitation             to Article 3 (2),
to tender was issued .                                      — in the case of the successful tenderer for quantities
2. Tenders must in particular mention the Member                 not supplied by reason of force majeure.
State in which the tenderer, in the event of his being
declared successful, expects to complete the customs         2. The security required under paragraph 1 may be
export formalities for the products concerned.               provided in the form of a cash deposit or of a
                                                            guarantee issued by a credit institution conforming to
3.     For the purpose of rendering the tenders compar­      criteria laid down by each Member State.
able, the prices shall, where appropriate, be corrected
by the monetary compensatory amount applicable on
the closing date for submission of tenders to exports                                 Article 6
from the Member State mentioned in the tender
pursuant to paragraph 2.                                     1 . The product referred to in Article 1 which is to
Such correction shall be made by :                           be supplied for human consumption to Mali must be
                                                             of fair and sound merchantable quality, be free from
— increasing prices which mention a Member State             odour, and correspond at least to the standard quality
     whose currency has depreciated, "                       for which the intervention price is fixed.
— reducing prices which mention a Member State
     whose currency has been revalued.                       2.    Tenders for supply to Mali of the product speci­
                                                             fied in Article 1 must relate to maize of fair and
Such monetary compensatory amount shall, where               sound merchantable quality, free from odour, and
appropriate , be converted into the currency of the          correspond at least to the standard quality for which
Member State in which the invitation to tender is
                                                             the intervention price is fixed.
issued using :
— in the case when the currencies concerned are
     kept at any given moment within a band of                                        Article 7
     2-25 % a conversion rate resulting frorn their
     central rate,                                           1 . The French intervention agency shall be respon­
— in the other cases, the average of the spot rates of       sible for organizing the invitation to tender provided
     the currencies concerned recorded in the Member         for by this Regulation .
     State in which the invitation to tender is issued
     during a period from the Wednesday of one week          2.     It shall forthwith communicate to the Commis­
     to the Tuesday of the following week being the          sion the list of firms which have responded to the invi­
     period immediately preceding the closing date for       tation to tender, specifying the terms of each tender,
     submission of tenders .                                 together with the name and business name of the
                                                            successful tenderer.
                        Article 4
                                                             3 . Where the customs export formalities for the
The contract shall be awarded to the tenderer offering       mobilized product are completed in a Member State
the best terms, taking into consideration the adjust­        other than that in which the invitation to tender is
ment referred to in Article 3 (3).                           issued, the intervention agency of the latter Member
 ---pagebreak--- 6. 9 . 75                          Official Journal of the European Communities                          No L 235/ 11
State shall be responsible for the operations following      (b) the date of departure of the ships ;
tendering, including payment to the successful               (c) all possible contingencies which might occur
tenderer.
                                                                  during transportation of the products.
In such case, the intervention agency choosing the
successful tenderer shall immediately inform the inter­      The information indicated above shall be forwarded
vention agency of the Member State concerned and             by the intervention agency to the Commission imme­
shall supply it with all the information which it may        diately upon receipt.
require.
Furthermore, the amount of the successful tender              5. When the intervention agency responsible for
shall be paid after it has been converted using the           the operations relating to tendering is not the interven­
average of the spot rates referred to in the second           tion agency which appoints the successful tenderer, it
subparagraph of Article 3 (3) to the tenderer in the         shall send as soon as possible to the latter the informa­
currency of the Member State in which the operations          tion necessary for releasing the security.
relating to the tendering are completed.
4. The intervention agency shall request the                                          Article 8
successful tenderer to supply the following informa­
tion :
                                                             This Regulation shall enter into force on the day of its
(a) after each shipment a certificate showing the quan­       publication in the Official Journal of the European
    tities dispatched and the quality of the products ;       Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
               Done at Brussels, 5 September 1975.
                                                                        For the Commission
                                                                          P.J. LARDINOIS
                                                                   Member of the Commission