CELEX: 31975R2854
Language: en
Date: 1975-10-31 00:00:00
Title: Regulation (EEC) No 2854/75 of the Commission of 31 October 1975 opening an invitation to tender for the mobilization of maize as food aid for the United Republic of Tanzania

1 . 11 . 75                           Official Journal of the European Communities                         No L 283/57
                           REGULATION (EEC) No 2854/75 OF THE COMMISSION
                                                    of 31 October 1975
                opening an invitation to tender (or the mobilization of maize as food a'id for the
                                               United Republic of Tanzania
THE COMMISSION OF THE EUROPEAN                                  Whereas provision should be made for security to be
COMMUNITIES,                                                    given to guarantee fulfilment of the obligations arising
                                                                 by virtue of participation in the invitation to tender ;
Having regard to the Treaty establishing the European
Economic Community ;                                            Whereas the French intervention agency should be
                                                                 made responsible for the tendering procedure in ques­
Having regard to Council Regulation No 120/                      tion ;
67/ EEC ( 1 ) of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­         Whereas the Commission must be informed quickly
lation (EEC) No 665/75 (2) ;                                     of the tenders submitted in response to the invitation
                                                                 and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No
1 693/72 (3) of 3 August 1972 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 1 29 (4) 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 United Republic             common agricultural policy, as last amended by Regu­
of Tanzania 20 000 metric tons of maize under its                lation (EEC) No 2543/73 (5), and in particular Article
1974/75 food-aid programme ;                                     3 thereof ;
Whereas pursuant to Article 3 (3) of Council Regula­            Whereas the measures provided for in this Regulation
tion (EEC) No 1693/72 the goods may be purchased                are in accordance with the Opinion of the Manage­
anywhere on the Community market ;                               ment Committee for Cereals,
Whereas tenders should be invited for the supply of
the product to the port of shipment in the vicinity of
the vessel, the goods to be set down at the place nomi­
                                                                 HAS ADOPTED THIS REGULATION :
nated by the recipient or its agent ;
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
                                                                 United Republic of Tanzania by way of Community
                                                                 food'-aid action of 20 000 metric tons of maize.
should be taken of the effect on each tender of the
currency situation in the Member State in which the
customs export formalities will be completed ;                  2. The tendering procedure shall take place in
                                                                 France in two lots. The product shall be mobilized on
Whereas the award under the invitation to tender                 the Community market. The product shall be loaded
must be made in favour of the tenderer offering the              for departure from any Community port.
best terms ;
                                                                 3. The product referred to in paragraph 1 is to be
Whereas, should force majeure make it impossible to             delivered in bulk to the port of shipment in the
complete the operation in question within the set               vicinity of the vessel. The goods must be set down at
time limit, it should be made clear who is to bear the          the place nominated by the recipient country or its
liability for any resulting costs ;                             agent, the timing of delivery being settled by the
                                                                 tenderer and the recipient country's agent.
(') 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 283 / 58                      Official Journal of the European Communities                                1 . 11 . 75
                         Article 2                             However, if the tenders submitted do not appear to
                                                               reflect normal market prices and costs, the interven­
 1 . The decision on tenders received in response to           tion agency may cancel the invitation to tender.
 the invitation provided for in Article 1 shall be taken
 on 14 November 1975.
                                                                                        Article 5
 2.     The closing date for submission of tenders shall
 be 14 November 1975 at 12 noon .                              If the tenderer is unable to deliver the goods in
                                                               compliance with Article 1 (3) on the date given in the
.3 .    The   notice of invitation   to tender shall   be      notice of invitation to tender as a result of the late
 published in the Official Journal of the European             availability of the vessels to be used for sea transporta­
 Communities not less than nine days before the                tion, the resulting costs shall be borne by the interven­
 closing date for submission of tenders.                       tion agency.
                                                                                        Article 6
                         Article 3
                                                               1 . The tenderer shall give security in an amount of
 1 . The prices offered must be expressed in the               five units of account per metric ton of goods.
 currency of the Member State in which the invitation
 to tender was issued.                                         It shall be released :
                                                               — in the case of all tenderers whose tenders are
 2. Tenders must in particular mention the Member
 State in which the tenderer, in the event of his being             unsuccessful or are not accepted,
 declared successful, expects to complete the customs          — in the case of the successful tenderer, when the
 export formalities for the products concerned.                     operations concerned have been carried out within
                                                                    the prescribed time limit and on submission of
 3. For*the purpose of rendering the tenders compar­                the original export licence duly granted and
 able, the prices shall, where appropriate, be corrected            endorsed by the competent authorities of the
 by the monetary compensatory amount and the acces­                 Member State mentioned in the tender pursuant
 sion compensatory amount applicable on the closing                 to Article 3 (2),
 date for submission of tenders to exports from the            — in the c^se of the successful tenderer for quantities
 Member State mentioned in the tender pursuant to                   not supplied by reason of force majeure.
 paragraph 2.
                                                               2. The security required under paragraph 1 may be
 Such correction shall be made by :                            provided in the form of a cash deposit or of a
 — increasing prices which mention a Member State              guarantee issued by a credit institution conforming to
      whose currency has depreciated or a new Member           criteria laid down by each Member State.
      State,
 — reducing prices which mention a Member State                                         Article 7
      whose currency has been revalued.                        The maize referred to in Article 1 must be of fair and
 The monetary compensatory amount shall, where                 sound merchantable quality and correspond at least to
 appropriate, be converted into the currency of the            the standard quality for which the intervention price
 Member State in which the invitation to tender is             is fixed .
  issued using :
                                                                                        Article 8
 — in the case when the currencies concerned are
      kept at any given moment within a band of                 1 . The French intervention agency shall be respon­
      2-25 % , a conversion rate resulting from their          sible for organizing the invitation to tender provided
      central rate,                                            for by this Regulation .
 — in the other cases, the average of the spot rates of
      the currencies concerned recorded in the Member           2.    It shall forthwith communicate to the Commis­
      State in which the invitation to tender is issued        sion the list of firms which have responded to the invi­
      during a period from the Wednesday of one week            tation to tender, specifying the terms of each tender,
      to the Tuesday of the following week being the            together with the name and business name of the
                                                                successful tenderer.
      period immediately preceding the closing date for
      submission of tenders .
                                                                3 . Where the customs export formalities for the
                                                                mobilized product are completed in a Member State
                         A rticle 4                             other than that in which the invitation to tender is
                                                                issued, the intervention agency of the latter Member
  The contract shall be awarded to the tenderer offering        State shall be responsible for the operations following
  the best terms, taking into consideration the adjust­         tendering, including payment to the successful
  ment referred to in Article 3 (3).                            tenderer.
 ---pagebreak--- 1 . 11 . 75                        Official Journal of the European Communities                          No L 283 / 59
In such case, the intervention agency choosing the            (b) the date of departure of the vessels.
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and              The information indicated above shall be forwarded
shall supply it with all the information which it may         by the intervention agency to the Commission imme­
require.                                                      diately upon receipt.
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 9
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, 31 October 1975 .
                                                                        For the Commission
                                                                          P.J. LARDINOIS
                                                                    Member of the Commission