CELEX: 31975R3109
Language: en
Date: 1975-11-28 00:00:00
Title: Regulation (EEC) No 3109/75 of the Commission of 28 November 1975 opening an invitation to tender for the mobilization of common wheat as food aid for the Cape Verde Islands

29 . 11 . 75                             Official Journal of the European Communities                         No L 309/47
                             REGULATION ( EEC) No 3109/75 OF THE COMMISSION
                                                      of 28 November 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                                      tions arising by virtue of participation in the invita­
COMMUNITIES ,                                                       tion to tender will be fulfilled ;
Having regard to the Treaty establishing the European               Whereas the French invitation agency 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 14 August 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 Cape Verde                     common agricultural policy, as last amended by Regu­
Islands 1 000 metric tons of common wheat under its
                                                                    lation (EEC) No 2543/73 (4), 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 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 delivered cif, that is at the
moment when the goods are actually removed from                     HAS ADOPTED THIS REGULATION :
the ship's hold at the port of unloading ;
Whereas tenders may be submitted by tenderers esta­                                             A rticle 1
blished in any Member State of the Community and
may relate to products mobilized anywhere within
those Member States ; whereas, in view of the currency               1 . Tenders are hereby invited for the supply to the
situation in the Member States and in order to ensure               Cape Verde Islands by way of Community food-aid
that the tenders are as comparable as possible, account             action of 1 000 metric tons of common wheat.
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 the departure from any Community port.
must be made in favour of the tenderer offering the
best terms ;                                                        3.     The invitation to tender provided for in para­
                                                                    graph 1 is for supply of products delivered cif, that is
Whereas, should force majeure make it impossible to                 at the moment when the goods are actually removed
complete the operation in question within the set                   from the ship's hold at the port of unloading.
time limits , it should be made clear who is to bear the
liability for any resulting costs ;                                 4. The successful tenderer shall deliver the product
                                                                    specified in paragraph 1 cif to the port of Porto
Whereas provisions should be made for security to be                Grande in new jute sacks of a net capacity of 50 kilo­
given for the purpose of guaranteeing that the obliga­              grammes .
(') OJ No I, 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 309 /48                         Official Journal of the European Communities                            29 . 11 . 75
The following shall be printed on the sacks :                                            Article 4
' Fermento — Dom da Comunidade economica euro­                  The contract shall be awarded to the tenderer offering
peia as Ilhas de Capoverde — Distribuito gratuita.'             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 12 December 1975 .
                                                                                         Article 5
 2.     The closing date for submission of tenders shall
be 12 December 1975 at 12 noon .                                1 . The tenderer shall give security in an amount of
                                                                five units of account per metric ton of goods.
 3.     The   notice of   invitation  to  tender  shall be
                                                                It shall be released :
 published in the Official Journal of the European
 Communities not less than nine days before the                 — in the case of all tenderers whose tenders are
closing date for submission of tenders .                             unsuccessful or are not accepted,
                                                                — in the case of the successful tenderer, when the
                          Article 3
                                                                     operations concerned have been carried out within
                                                                     the prescribed time limit and on submission of
                                                                     the original export licence duly granted and
  1 . The prices offered must be expressed in the
                                                                     endorsed by the competent authorities of the
currency of the Member State in which the invitation
 to tender was issued .                                              Member State mentioned in the tender pursuant
                                                                     to Article 3 (2),
 2.     Tenders must in particular mention the Member           — in the case of the successful tenderer for quantities
 State in which the tenderer, in the event of his being              not supplied by reason of force majeure.
 declared successful, expects to complete the customs
 export formalities for the products concerned .                2. The security required under paragraph 1 may be
                                                                provided in the form of a cash deposit or of a
 3.     For the purpose of rendering the tenders compar­        guarantee issued by a credit institution conforming to
 able, the prices shall , where appropriate, be corrected       criteria laid down by each Member State.
 by the monetary compensatory amount and the acces­
 sion compensatory amount applicable on the closing                                      Article 6
 date for submission of tenders to exports from the
 Member State mentioned in the tender pursuant to               The common wheat referred to in Article 1 must be
 paragraph 2 .                                                  of fair and sound merchantable quality and corres­
                                                                pond at least to the standard quality for which the
 Such correction shall be made by :                             intervention price is fixed, except that the moisture
                                                                content shall not exceed 15-5 % and that a maximum
 — increasing prices which mention a Member State               of 3 % of sprouted grains and 1 -5 % of miscellaneous
      whose currency has depreciated or a new Member            impurities shall be allowed .
      State ,
— reducing prices which mention a Member State                                           Article 7
      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
 Member State in which the invitation to tender is
                                                                for by this Regulation .
 issued using :                                                 2.     It shall forthwith communicate to the Commis­
 — in the case when the currencies concerned are                sion the list of firms which have responded to the invi­
      kept at any given moment within a band of                 tation to tender, specifying the terms of each tender,
      2-25 % , a conversion rate resulting from their           together with the name and business name of the
                                                                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
      State in which the invitation to tender is issued         other than that in which the invitation to tender is
      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
      submission of tenders .                                    tenderer.
 ---pagebreak--- 29 . 11 . 75                       Official Journal of the European Communities                           No L 309/49
In such case, the intervention agency choosing the             (b) the date of departure of the ships ;
successful tenderer shall immediately inform the inter­        (c) all possible contingencies which might occur
vention agency of the Member State concerned and                   during transportation of the products.
shall supply it with all the information which it may
                                                               The information indicated above shall be forwarded
require.
                                                               by the intervention agency to the Commission imme­
Furthermore, the amount of the successful tender               diately upon receipt.
shall be paid after it has been converted using the
                                                               5. When the intervention agency responsible for
average of the spot rates referred to in the second
                                                               the operations relating to tendering is not the interven­
subparagraph of Article 3 (3) to the tenderer in the
                                                               tion agency which appoints the successful tenderer, it
currency of the Member State in which the operations
                                                               shall send as soon as possible to the latter the informa­
relating to the tendering are completed.
                                                               tion necessary for releasing the security.
4. The intervention agency shall request the
successful tenderer to supply the following informa­                                   Article 8
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, 28 November 1975 .
                                                                        For the Commission
                                                                           P.J. LARDINOIS
                                                                     Member of the Commission