CELEX: 31975R2013
Language: en
Date: 1975-08-01 00:00:00
Title: Regulation (EEC) No 2013/75 of the Commission of 1 August 1975 opening an invitation to tender for the mobilization of common wheat and maize as food aid for the World Food Programme

2 . 8 . 75                               Official Journal of the European Communities                           No L 204/ 11
                              REGULATION (EEC) No 2013/75 OF THE COMMISSION
                                                        of 1 August 1975
                opening an invitation to tender for the mobilization of common wheat and
                                  maize 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
67/ EEC ( 1 ) of 13 June 1967 on the common organiza­               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 envis­
                                                                    aged should be adopted in accordance with the condi­
Whereas on 21 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 World Food                     exchange rates to be applied for the purposes of the
Programme (WFP) 27 000 metric tons of cereals under                 common agricultural policy, as last ametided by Regu­
its 1973/74 food-aid 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 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
nated by the recipient or its agent ;                               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
                                                                    World Food Programme by way . of Community food­
that the tenders are as comparable as possible, account             aid action of :
should be taken of the effect on each tender of the
currency situation in the Member State in which the                 — 3 000 metric tons of maize for Guinea Bissau (Lot
customs export formalities will be completed ;                             No 1 )
Whereas the award under the invitation to tender                    — 2 740 metric tons of maize for the Cape Verde
 must be made in favour of the tenderer offering the                       Islands (Lot No 2)
best terms ;                                                        — 2 400 metric tons of soft wheat for Afghanistan
                                                                          ( Lot No 3)
Whereas, should force majeure make it impossible to                 — 1 5 000 metric tons of soft wheat for Pakistan (Lot
 complete the operation in question within the set                         No 4)
 time limits, it should be made clear who is to bear the
 liability for any resulting costs ;                                — 3 860 metric tons of soft wheat for Sudan (Lot No
                                                                           S)
 (') 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 .                             (s ) OJ No L 263 , 19 . 9 . 1973 , p . 1 .
 ---pagebreak--- No L 204/ 12                       Official Journal of the European Communities                             2. 8 . 75
2. The tendering procedure shall take place in               The monetary compensatory amount shall, where
France in five lots. The product shall be mobilized on       appropriate, be converted into the currency of the
the Community market. The product shall be loaded            Member State in which the invitation to tender is
for departure from any Community port.                       issued using :
3.    The common wheat is to be delivered in bulk,           — in, the case when the currencies concerned are
whereas the maize is to be delivered in new jute sacks            kept at any given moment within a band of
of a net capacity of 50 kg to the port of shipment in             2-25 % , a conversion rate resulting from their
the vicinity of the vessel . The goods must be set down           central rate,
at the place nominated by the recipient country or its       — in the other cases, the average of the spot rates of
agent, the timing of delivery being settled by the                the currencies concerned recorded in the Member
tenderer and the recipient country's agent.                       State in which the invitation to tender is issued
                                                                  during a period from the Wednesday of one week
4.    The following shall be printed on the sacks :               to the Tuesday of the following week being the
Lot No 1 '2225/q — Maïs — Bissau — Action du
                                                                  period immediately preceding the closing date for
                                                                  submission of tenders .
Programme Alimentaire Mondial — Don de la
Communauté économique européenne,
Lot No 2 '2185/q-2186/q — Maïs — Mindelo —                                           Article 4
Action du Programme Alimentaire Mondial — Don
de la Communauté économique européenne'                      The contract shall be awarded to the tenderer offering
                                                             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 io
1.    The decision on tenders received in response to        reflect normal market prices and costs, the interven­
the invitation provided for in Article 1 shall be taken      tion agency may cancel the invitation to tender.
on 20 August 1975.
                                                                                     Article 5
2. The closing date for submission of tenders shall
be 20 August 1975 at 12 noon .
                                                              1 . The tenderer shall give security in an amount of
3.    The   notice  of  invitation  to  tender  shall be     five units of account per metric ton of goods.
published in the Official Journal of the European            It shall be released :
Communities, not less than nine days before the
closing date for submission of tenders .                     — in the case of all tenderers whose tenders are
                                                                  unsuccessful or are not accepted,
                        Article 3                            — in the case of the successful tenderer, when the
                                                                  operations concerned have been carried out within
1 . The prices offered must be expressed in the                   the prescribed time limit and on submission of
currency of the Member State in which the invitation              the original export licence duly granted and
to tender was issued .                                            endorsed by the competent authorities of the
                                                                  Member State mentioned in the tender pursuant
2. Tenders must in particular mention the Member                  to Article 3 (2),
State in which the tenderer, in the event of his being       — in the case of the successful tenderer for quantities
declared successful, expects to complete the customs              not supplied by reason of force majeure.
export formalities for the products concerned .
                                                             2. The security required under paragraph 1 may be
3 . For the purpose of rendering the tenders compar­         provided in the form of a cash deposit or of a
able, the prices shall, where appropriate, be corrected      guarantee issued by a credit institution conforming to
by the monetary compensatory amount and the acces­           criteria laid down by each Member State .
sion compensatory amount applicable on the closing
date for submission of tenders to exports from the
Member State mentioned in the tender pursuant to                                     A rticle 6
paragraph 2.
                                                              1.    The common wheat referred to in Article 1 to be
Such correction shall be made by :                           supplied to the WFP must be of fair and sound
                                                             merchantable quality and correspond at least to the
— increasing prices which mention a Member State             standard quality for which the intervention price is
    whose currency has depreciated or a new Member           fixed, except that the moisture content shall not
    State ,                                                  exceed    1 5-5 %  and that a maximum      of 3 %     of
— reducing prices which mention a Member State               sprouted grains and 1-5% of miscellaneous impuri­
    whose currency has been revalued .                       ties shall be allowed .
 ---pagebreak---  2. 8 . 75                          Official Journal of the European Communities                           No L 204/ 13
 2..    The maize referred to in Article 1 which is to be      Furthermore, the amount of the successful tender
 supplied to the WFP must be of fair and sound                 shall be paid after it has been converted using the
"merchantable quality, be free from odour, and corres­         average of the spot rates referred to in the second
 pond at least to the standard quality for which the           subparagraph of Article 3 (3) to the tenderer in the
 intervention price is fixed.                                  currency of the Member State in which the operations
                                                               relating to the tendering are completed.
                          Article 7
                                                               4. The intervention agency shall request the
 1 . The French intervention agency shall be respon­           successful tenderer to supply the following informa­
 sible for organizing the invitation to tender provided         tion :
 for by this Regulation.
                                                               (a) after each shipment a certificate showing the quan­
 2.     It shall forthwith communicate to the Commis­               tities dispatched and the quality of the products ;
 sion the list of firms which have responded to the invi­      (b) the date of departure of the vessels.
 tation to tender, specifying the terms of each tender,
 together with the name and business name of the               The information indicated above shall be forwarded
 successful tenderer.                                           by the intervention agency to the Commission imme­
                                                                diately upon receipt.
 3 . Where the customs export formalities for the
 mobilized product are completed in a Member State              5. When the intervention agency responsible for
 other than that in which the invitation to tender is
                                                                the operations relating to tendering is not the interven­
 issued, the intervention agency of the latter Member           tion agency which appoints the successful tenderer, it
 State shall be responsible for the operations following        shall send as soon as possible to the latter the informa­
 tendering, including payment to the successful                 tion necessary for releasing the security.
 tenderer.
 In such case, the intervention agency choosing the                                     Article 8
 successful tenderer shall immediately inform the inter­
 vention agency of the Member State concerned and               This Regulation shall enter into force on the day of its
 shall supply it with all the information which it may          publication in the Official Journal of the European
  require.                                                       Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 1 August 1975.
                                                                           For the Commission
                                                                             P.J. LARDINOIS
                                                                       Member of the Commission