CELEX: 31975R2642
Language: en
Date: 1975-10-17
Title: Regulation (EEC) No 2642/75 of the Commission of 17 October 1975 opening an invitation to tender for the mobilization of sorghum as food aid for the World Food Programme

No L 269/20                           Official Journal of the European Communities                            18 . 10 . 75
                            REGULATION (EEC) No 2642/75 OF THE COMMISSION
                                                     of 17 -October 1975
               opening an invitation to tender for the mobilization of sorghum as food aid for
                                                the World Food Programme
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            for the supply of wheat to the WFP ;
 Economic Community ;
                                                                  Whereas the French intervention agency should be
 Having regard to Council Regulation No 120/                      made responsible for the tendering procedure in ques­
                                                                  tion ;
 67/EEC (') of 13 June 1967 on the common organiza­
 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 envisaged
                                                                  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 129 (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 World Food                  common agricultural policy, as last amended by Regu­
Programme (WFP) 40 000 metric tons of cereals under               lation (EEC) No 2543/73 (5), and in particular Article
its 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
                                                                  HAS ADOPTED THIS REGULATION :
the vessel, the goods to be set down at the place nomi­
nated by the recipient or its agent ;
                                                                                            Article 1
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and                  1 . Tenders are hereby invited for the supply to the
may relate to products mobilized anywhere within                 World Food Programme by way of Community food­
those Member States ; whereas, in view of the currency           aid action of :
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account          — 645 metric tons of sorghum .
should be taken of the effect on each tender of the
currency situation in the Member State in which the              2. The tendering procedure shall take place in
customs export formalities will be completed ;                   France in one lot. The product shall be mobilized on
                                                                 the Community market. The product shall be loaded
Whereas the award under the invitation to tender                 for departure from any Community port.
must be made in favour of the tenderer offering the
best terms ;                                                     3 . The product referred to in paragraph 1 is to be
                                                                 delivered in new jute sacks of a net capacity of 50 kilo­
Whereas, should force majeure make it impossible to              grammes to the port of shipment in the vicinity of the
complete the operation in question within the set                vessel . The goods must be set down at the place nomi­
time limits, it should be made clear who is to bear the          nated by the recipient country or its agent, the timing
liability for any resulting costs ;                              of delivery being settled by the tenderer and the recip­
                                                                 ient country's agent.
(') OJ No 117, 19 . 6. 1967, p. 2269/67.
(2) OJ No L 72, 20 . 3 . 1975, p. 14.                            («) 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--- 18 . 10 . 75                      Official Journal of the European Communities                           No L 269/21
/
The following shall be printed on the sacks :                                         Article 4
'Sorgho-Bangui-Don de la Communauté économique              The contract shall be awarded to the tenderer offering
européenne au programme alimentaire mondial.'               the best terms, taking into consideration the adjust­
                                                             ment referred to in Article 3 (3).
                        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 3 November 1975 .
                                                                                      Article 5
2.     The closing date for submission of tenders shall      If the tenderer is unable to deliver the goods in
be 3 November 1975 at 12 noon .
                                                             compliance with Article 1 (3) on the date given in the
                                                             notice of invitation to tender as a result of the late
3.     The   notice of invitation  to tender shall   be
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                  unsuccessful or are not accepted,
State in which the tenderer, in the event of his being
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 case 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
                                                             guarantee issued by a credit institution conforming to
— increasing prices which mention a Member State             criteria laid down by each Member State.
     whose currency has depreciated or a new Member
     State,
                                                                                      Article 7
— reducing prices which mention a Member State
     whose currency has been revalued.                       The sorghum referred to in Article 1 which is to be
                                                             supplied to the WFP must be of fair and sound
The monetary compensatory amount shall, where                merchantable quality and be free from odour.
appropriate, be converted into the currency of the
Member State in which the invitation to tender is
                                                                                      Article 8
issued using :
— in the case when the currencies concerned are               1 . The French intervention agency shall be respon­
     kept at any given moment within a band of               sible for organizing the invitation to tender provided
     2-25 % , a conversion rate resulting from their         for by this Regulation .
     central rate ,
                                                             2.     It shall forthwith communicate to the Commis­
— in the other cases, the average of the spot rates of       sion the list of firms which have responded to the invi­
     the currencies concerned recorded in the Member
                                                             tation to tender, specifying the terms of each tender,
     State in which the invitation to tender is issued
                                                             together with the name and business name of the
     during a period from the Wednesday of one week          successful tenderer.
     to the Tuesday of the following week being the
     period immediately preceding the closing date for       3 . Where the customs export formalities for the
     submission of tenders .                                 mobilized product are completed in a Member State
 ---pagebreak--- No L 269 /22                      Official Journal of the European Communities                              18 . 10 . 75
other than that in which the invitation to tender is         (a) after each shipment a certificate showing the quan­
issued, the intervention agency of the latter Member             tities dispatched and the quality of the products ;
State shall be responsible for the operations following      (b) the date of departure of the vessels.
tendering, including payment to the successful
tenderer.
                                                             The information indicated above shall be forwarded
In such case, the intervention agency choosing the           by the intervention agency to the Commission imme­
successful tenderer shall immediately inform the inter­      diately upon receipt.
vention agency of the Member State concerned and
shall supply it with all the information which it may        5. When the intervention agency responsible for
require.                                                     the operations relating to tendering is not the interven­
                                                             tion agency which appoints the successful tenderer, it
Furthermore, the amount of the successful tender
                                                             shall send as soon as possible to the latter the informa­
shall be paid after it has been converted using the          tion necessary for releasing the security.
average of the spot rates referred to in the second
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations                                 Article 9
relating to the tendering are completed.
4. The intervention agency shall request the                 This Regulation shall enter into force on the day of its
successful tenderer to supply the following informa­         publication in the Official Journal of the European
tion :                                                        Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 17 October 1975 .
                                                                        For the Commission
                                                                          P.J. LARDINOIS
                                                                   Member of the Commission