CELEX: 31975R3191
Language: en
Date: 1975-12-05 00:00:00
Title: Regulation (EEC) No 3191/75 of the Commission of 5 December 1975 opening an invitation to tender for the mobilization of grain sorghum and maize as food aid for the Republic of Niger

6. 12. 75                               Official Journal of the European Communities                           No L 316/ 11
                            REGULATION (EEC) No 3191 /75 OF THE COMMISSION
                                                     of 5 December 1975
              opening an invitation to tender for the mobilization of grain sorghum and
                                      maize as food aid for the Republic of Niger
THE COMMISSION OF THE EUROPEAN                                     tions arising by virtue of participation in the invita­
COMMUNITIES,                                                       tion to tender for supplies to Niger will be fulfilled ;
Having regard to the Treaty establishing the European              Whereas the intervention agency of France should be
Economic Community ;                                               made responsible for the tendering procedure in ques­
                                                                   tion ;
Having regard to Council Regulation (EEC) No
2727/75 (!) of 29 October 1975 on the common organ­                Whereas the Commission must be informed quickly
ization of the market in cereals ;                                 of the tenders submitted in response to the invitation
                                                                   and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No
2750/75 (2) of 29 October 1975 laying down the condi­              Whereas the Monetary Committee will be consulted ;
tions for the mobilization of cereals as food aid, and             whereas, in view of the urgency, the measures envis­
in particular Article 6 thereof ;                                  aged should be adopted in accordance with the condi-,
                                                                   tions laid down in Article 3 (2) of Council Regulation
Whereas on 3 March 1975 the Council of the Euro­                   No 129 (3) on the value of the unit of account and the
pean Communities declared that by way of Commu­                    exchange rates to be applied for the purposes of the
nity action it proposed to grant the Republic of Niger             common agricultural policy, as last amended by Regu­
7 000 metric tons of maize under its 1974/75 food-aid              lation (EEC) No 2543/73 (4), and in particular Article
programme ;                                                        3 thereof ;
Whereas pursuant to Article 3 (3) of Council Regula­               Whereas the measures provided for in this Regulation
tion (EEC) No 2750/75 the goods may be purchased                   are in accordance with the Opinion of the Manage­
anywhere on the Community market ;                                 ment Committee for Cereals,
Whereas the proposed invitation to tender should be
for supply of the products, cif, that is to say, actually
placed on the quay at the port of unloading ;                      HAS ADOPTED THIS REGULATION :
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and                                              Article 1
may relate to products mobilized anywhere within
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure               1 . Tenders are hereby invited for the supply to the
that the tenders are as comparable as possible, account            Republic of Niger by way of Community food-aid
should be taken of the effect on each tender of the                action of :
currency situation in the Member State in which the
customs export formalities will be completed ;                     — 5 000 metric tons of grain sorghum (lot No 1 ),
                                                                   — 2 000 metric tons of maize (lot No 2).
Whereas the award under the invitation to tender
must be made to the tenderer offering the best terms ;             2. The tendering procedure shall take place in
                                                                    France in two lots. The product shall be mobilized on
Whereas, should force majeure make it impossible to                the Community market. The product shall be loaded
complete the operation in question within the time                 for departure from a Community port.
limits specified, it must be made clear who is to bear
the liability for any resulting costs ;                            3 . The invitation to tender provided for in para­
                                                                   graph 1 is for supply of products delivered cif, that is
Whereas provisions should be made for security to be               at the moment when the goods are actually placed on
given for the purpose of guaranteeing that the obliga­              the dock at the port listed in the Annex.
 (>) OJ No L 281 , 1 . 11 . 1975, p. 1 .                            (3) OJ No 106, 30 . 10 . 1962, p. 2553/62.
(2) OJ No L 281 , 1 . 11 . 1975, p. 89.                             (4) OJ No L 263 , 19 . 9 . 1973, p. 1 .
 ---pagebreak--- No L 316/ 12                       Official Journal of the European Communities                            6. 12. 75
4. The successful tenderer shall deliver the product         — in the other cases, the average of the spot rates of
specified in paragraph 1 in new jute sacks of a net                the currencies concerned recorded in the Member
capacity of 50 kg. The following shall be printed on               State in which the invitation to tender is issued
the sacks :                                                        during a period from the Wednesday of one week
                                                                   to the Tuesday of the following week being the
'Sorgho — Don de la Communauté économique euro­                    period immediately preceding the closing date for
péenne — Distribution gratuite.'                                   submission of tenders.
'Maïs — Don de la Communauté économique euro­
péenne — Distribution gratuite.'
                                                                                      Article 4
                         Article 2                            The contract shall be awarded to the tenderer offering
                                                              the best terms, taking into consideration the adjust­
 1 . The decision on tenders received in response to          ment referred to in Article 3 (3).
the invitation provided for in Article 1 shall be taken
on 19 December 1975.                                          However, if the tenders submitted do not appear to
                                                              reflect normal market prices and costs, the interven­
2.     The closing date for submission of tenders shall       tion agency may cancel the invitation to tender.
be 19 December 1975 at 12 npon .
 3.    The notice of invitation to tender shall be                                    Article 5
 published in the Official Journal of the European
 Communities not later than nine days before the              1 . The tenderer shall give security in an amount of
 closing date for submission of tenders.                      five units of account per metric ton of goods.
                                                              It shall be released :
                         Article 3
                                                              — in the case of all tenderers whose tenders are
 1 . The prices offered must be expressed in the                   unsuccessful or are not accepted,
 currency of the Member State in which the invitation         — in the case of the successful tenderer, when the
 to tender was issued.                                             operations concerned have been carried out within
                                                                   the prescribed time limit and on submission of
 2. Tenders must in particular mention the Member                  the original export licence, duly granted and
 State in which the tenderer, in the event of his being            endorsed by the competent authorities of the
 declared successful, expects to complete the customs              Member State mentioned in the tender pursuant
 export formalities for the products concerned.                    to Article 3 (2),
                                                              — in the case of the successful tenderer for quantities
 3 . For the purpose of rendering the tenders compar­              not supplied by reason of force majeure.
 able, the prices shall, where appropriate, be corrected
 by the monetary compensatory amount and the acces­
                                                              2. The security required under paragraph 1 may be
 sion compensatory amount applicable on the closing
                                                              provided in the form of a cash deposit or of a
 date for submission of tenders to exports from the
 Member State mentioned in the tender pursuant to             guarantee issued by a credit institution conforming to
                                                              criteria laid down by each Member State.
 paragraph 2.
 Such correction shall be made by :                                                   Article 6
 — increasing prices which mention a Member State
     whose currency has depreciated or a new Member            1 . The products specified in Article 1 to be
     State ,                                                  supplied for human consumption to the Republic of
                                                               Niger must meet the following requirements :
 — reducing prices which mention a Member State
     whose currency has been revalued.                         grain sorghum :
 The monetary compensatory amount shall, where                 must be of fair and sound merchantable quality, be
                                                               free   from   odour, with   a   moisture content   not
 appropriate, be converted into the currency of the
 Member State in which the invitation to tender is             exceeding 14 % ;
 issued using :                                                maize :
 — in the case when the currencies concerned are               must be of fair and sound merchantable quality, be
     kept at any given moment within a band of                 free from odour, and correspond at least to the
     2-25 % , a conversion rate resulting from their           standard quality for which the intervention price is
     central rate,                                             fixed.
 ---pagebreak--- 6. 12. 75                            Official Journal of the European Communities                                No L 316/ 13
2. Tenders for supply to the Republic of Niger of               vention agency of the Member State concerned and
the products specified in Article 1 must relate to              shall supply it with all the information which it may
products having the following characteristics :                 require.
grain sorghum :                                                 Furthermore, the amount of the successful tender
must be of fair and sound merchantable quality, be              shall be paid after it has been converted using the
free     from   odour, with    a moisture content not           average of the spot rates referred to in the second
exceeding 14 % ;                                                subparagraph of Article 3 (3) to the tenderer in the
maize :                                                         currency of the Member State in which the operations
                                                                relating to the tendering are completed.
must be of fair and sound merchantable quality, be
free from odour, and correspond at least to the                 4. The intervention agency shall ask that the
standard quality for which the intervention price is            tenderer specifies the following information :
fixed .
                                                                (a) after each shipment, a statement giving details of
                                                                    the quantities loaded, the quality of the products
                          Article 7                                 and their packaging ;
1 . The French intervention agency shall be respon­             (b) the date of the departure of the ships, the expected
sible for operations relating to the invitation to tender           date of arrival of the products at their destination ;
provided for by this Regulation.                                (c) all possible contingencies which might occur
                                                                    during transportation of the products.
2.      It shall forthwith communicate to the Commis­
sion the list of firms which have responded to the invi­       The intervention agency shall transmit the informa­
tation to tender, specifying the terms of each tender,          tion provided for to the Commission as soon as it is
together with the name and business name of the                 received.
successful tenderer.
                                                                5. When the intervention agency responsible for
3. Where the customs export formalities for the                 the operations relating to tendering is not the interven­
mobilized product are completed in a Member State               tion agency which appoints the successful tenderer, it
other than that in which the invitation to tender is            shall send as soon as possible to the latter the informa­
issued, the intervention agency of the latter Member            tion necessary for releasing the security.
State shall be responsible for the operations following
tendering, including payment to the successful                                                Article 8
tenderer.
                                                               This Regulation shall enter into force On the day of its
In such case, the intervention agency choosing the              publication in the Official Journal of the European
successful tenderer shall immediately inform the inter­         Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                 Done at Brussels, 5 December 1975.
                                                                           For the Commission
                                                                             P.J. LARDINOIS
                                                                      Member of the Commission
                                                           ANNEX
                  Number                                                                                Metric
                                         Port of unloading          Minimum rate of unloading
                   of lot                                                                            tonnage cif
                     1
                     2
                             Cotonou or Apapa
                             Cotonou                               | Customs of the port               5 000
                                                                                                       2 000