CELEX: 31975R1260
Language: en
Date: 1975-05-16 00:00:00
Title: Regulation (EEC) No 1260/75 of the Commission of 16 May 1975 opening an invitation to tender for the mobilization of common wheat as food aid for the Cape Verde Islands

17 . 5 . 75                            Official Journal of the European Communities                             No L 126/ 15
                             REGULATION ( EEC) No 1260/75 OF THE COMMISSION
                                                        of 16 May 1975
                opening an invitation to tender for the mobilization of common wheat as food
                                                aid for the Cape Verde Islands
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 will be fulfilled ;
 Economic Community ;
                                                                  Whereas the French invitation 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 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 26 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 Cape Verde                   common agricultural policy, as last amended by Regu­
Islands 2 000 metric tons of common wheat under its                lation ( EEC) No 2543/73 (5), and in particular Article
 1974/75 food-aid programme ;                                     3 thereof ;
Whereas purusant 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 the proposed invitation to tender should be
for supply of the products delivered cif, that is at the           HAS ADOPTED THIS REGULATION :
moment when the goods are actually removed from
the ship's hold at the port of unloading ;
                                                                                              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                   Cape Verde Islands by way of Community food-aid
those Member States ; whereas, in view of the currency            action of 2 000 metric tons of common wheat .
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account           2. The tendering procedure shall take place in
should be taken of the effect on each tender of the
                                                                   France in one lot. The product shall be mobilized on
currency situation in the Member State in which the               the Community market . The product shall be loaded
customs export formalities will be completed ;                    for the departure from any Community port.
Whereas the award under the invitation to tender                  3 . The invitation to tender provided for in para­
must be made in favour of the tenderer offering the               graph 1 is for supply of products delivered cif, that is
best terms ;                                                      at the moment when the goods are actually removed
                                                                  from the ship's hold at the port of unloading.
Whereas, should fora majeure make it impossible to
complete the operation in question within the set                 4. The successful tenderer shall deliver the product
time limits, it should be made clear who is to bear the           specified in paragraph 1 cif to the port of Porto
liability for any resulting costs ;                               Grande in new jute sacks of a net capacity of 50 kilo­
                                                                  grammes .
(') 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 126/ 16                         Official Journal of the European Communities                             17 . 5 . 75
The following shall be printed on the sacks :                   However, if the tenders submitted do not appear to
' FERMENTO           —    DOM      DA     COMUNIDADE          * reflect normal market prices and costs, the interven­
ECONOMICA EUROPEIA AS ILHAS DE CAPO                             tion agency may cancel the invitation to tender.
VERDE — DISTRIBUICAO GRATUITA'.
                                                                                         Article 5
                          Article 2
                                                                1 . The tenderer shall give security in an amount of
 1 . The decision on tenders received in response to            five units of account per metric ton of goods.
the invitation provided for in Article 1 shall be taken
on 30 May 1 975 .                                               It shall be released :
2. The closing date for submission of tenders shall             — in the case of all tenderers whose tenders are
be 30 May 1975 at 12 noon .                                          unsuccessful or are not accepted,
 3.     The   notice   of invitation  to  tender  shall be      — in the case of the successful tenderer, when the
 published in the Official Journal of the European                   operations concerned have been carried out within
 Communities not less than nine days before the                      the prescribed time limit and on submission of
 closing date for submission of tenders .                            the original export licence duly granted and
                                                                     endorsed by the competent authorities of the
                          Article 3                                  Member State mentioned in the tender pursuant
  1 . The prices offered must be expressed in the                    to Article 3 (2),
 currency of the Member State in which the invitation           — in the case of the successful tenderer for quantities
 to tender was issued .                                              not supplied by reason of force majeure.
 2. Tenders must in particular mention the Member               2. The security required under paragraph 1 may be
 State in which the tenderer, in the event of his being         provided in the form of a cash deposit or of a
 declared successful , expects to complete the customs          guarantee issued by a credit instiution conforming to
 export formalities for the products concerned .                criteria laid down by each Member State .
 3.     For the purpose of rendering the tenders compar­
 able, the prices shall , where appropriate, be corrected                                Article 6
 by the monetary compensatory amount and the acces­
 sion compensatory amount applicable on the closing             The common wheat referred to in Article 1 must be
 date for submission of tenders to exports from the             of fair and sound merchantable quality and corres­
 Member State mentioned in the tender pursuant to                pond at least to the standard quality for which the
  paragraph 2.                                                   intervention price is fixed, except that the moisture
                                                                content shall not exceed 15-5 % and that a maximum
 Such correction shall be made by :                             of 3 % of sprouted grains and 1 -5 % of miscellaneous
 — increasing prices which mention a Member State                impurities shall be allowed .
      whose currency has depreciated or a new Member
      State ,                                                                            Article 7
 — reducing prices which mention a Member State
      whose currency has been revalued .                         1 . The French intervention agency shall be respon­
 The monetary compensatory amount shall , where                  sible for organizing the invitation to tender provided
  appropriate, be converted into the currency of the             for by this Regulation .
  Member State in which the invitation to tender is
                                                                 2.    It shall forthwith communicate to the Commis­
  issued using :                                                 sion the list of firms which have responded to the invi­
 — in the case when the currencies concerned are                 tation to tender, specifying the terms of each tender,
      kept at any given moment within a band of                  together with the name and business name of the
      2-25 % , a conversion rate resulting from their            successful tenderer.
      central rate ,
 — in the other cases, the average of the spot rates of          3.    Where the customs export formalities for the
      the currencies concerned recorded in the Member            mobilized product are completed in a Member State
                                                                 other than that in which the invitation to tender is
      State in which the invitation to tender is issued
      during a period from the Wednesday of one week             issued , the intervention agency of the latter Member
      to the Tuesday of the following week being the             State shall be responsible for the operations following
      period immediately preceding the closing date for          tendering, including payment to the successful
                                                                 tenderer.
      submission of tenders .
                           Article 4
                                                                 In such case, the intervention agency choosing the
                                                                 successful tenderer shall immediately inform the inter­
  The contract shall be awarded to the tenderer offering         vention agency of the Member State concerned and
  the best terms, taking into consideration the adjust­          shall supply it with all the information which it may
  ment referred to in Article 3 (3).                             require .
 ---pagebreak--- 17 . 5 . 75                        Official Journal of the European Communities                           No L 126/ 17
Furthermore , the amount of the successful tender              The information indicated above shall be forwarded
shall be paid after it has been converted using the            by the intervention agency to the Commission imme­
average of the spot rates referred to in the second            diately upon receipt.
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations           $.    When the intervention agency responsible for
relating to the tendering are completed .                      the operations relating to tendering is not the interven­
                                                               tion agency which appoints the successful tenderer, it
4. The intervention agency shall request the                   shall send as soon as possible to the latter the informa­
successful tenderer to supply the following informa­           tion necessary for releasing the security.
tion :
(a) after each shipment a certificate showing the quan­                                Article 8
     tities dispatched and the quality of the products ;
(b) the date of departure of the ships ;                       This Regulation shall enter into force on the day of its
(c) all possible contingencies which might occur               publication in the Official Journal of the European
     during transportation of the products .                   Communities.     '
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 16 May 197.5 .
                                                                         For the Commission
                                                                           P.J. LARDINOIS
                                                                     Member of the Commission