CELEX: 31975R2400
Language: en
Date: 1975-09-20 00:00:00
Title: Regulation (EEC) No 2400/75 of the Commission of 19 September 1975 opening an invitation to tender for the mobilization of maize as food aid for the World Food Programme

No L 246/ 28                                Official Journal of the European Communities                                   20 . 9 . 75
                                 REGULATION ( EEC) No 2400/ 75 OF THE COMMISSION
                                                         of 19 September 1975
                 opening an invitation to tender for the mobilization of 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 (') 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 (-) ;                                          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 ;
 I 693 /72 (•') 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) 3 000 metric tons of maize under                       common agricultural policy, as last amended by Regu­
its 1973/74 food-aid programme ;                                       lation ( EtEC) No 2543 / 73 ( 3 ), 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
                                                                        HAS ADOPTED THIS REGULATION :
nated by the recipient or its agent ;
Whereas tenders may be submitted by tenderers esta­
                                                                                                     An iifc 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                  World Food Programme by way of Community food­
 that the tenders are as comparable as possible, account                aid action :
 should be taken of the effect on each tender of the                   — 3 000 tons of maize .
 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 one lot . 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 maize is to be delivered in new jute sacks of
  Whereas, should forte nnijciirc make it impossible to                 a net capacity of 50 kg 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 limits , 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 .
 (') C )| No 117 , 19 . 6 . 1967 , p . 2269 / 67 .
 ( ') O'l No 1 . 72, 20 . 3 . I 97 \ p. 14.                             {>) O J No : 06 , 30 . 10 . 1962 , p . 2553 / 62 .
 (-) O'l No I. I 7 <S . v 8 . 1972, p . 3 .                             H Oj No l . 263 , 19 . 9 . 197 ?, p . I.
 ---pagebreak--- 20 . 9 . 75                        Official Journal of the European Communities                          No L 246/ 29
4.     The following shall be printed on the sacks :                                   Article 4
'2 225-q-Maize — Bissau action — Gift of the Euro­           The contract shall be awarded to the tenderer offering
pean Economic Community to the World Food                    the best terms, taking into consideration the adjust­
Programme .'                                                 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 October 1975 .
                                                                                       Article 5
2.     The closing date for submission of tenders shall      If the tenderer is unable to deliver the goods in
be 3 October 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 3                                                      Article 6
 1 . The prices offered must be expressed in the              1 . The tenderer shall give security in an amount of
currency of the Member State in which the invitation          five units of account per metric ton of goods.
to tender was issued .
                                                              It shall be released :
2. Tenders must in particular mention the Member             — in the case of all tenderers whose tenders are
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
3.     For the purpose of rendering the tenders compar­          ' the prescribed time limit and on submission of
able, the prices shall, where appropriate, be corrected            the original export licence duly granted and
by the monetary compensatory amount and the acces­                 endorsed by the competent authorities of the
sion compensatory amount applicable on the closing                 Member State mentioned in the tender pursuant
date for submission of tenders to exports from the                 to Article 3 (2),
Member State mentioned in the tender pursuant to             — in the case of the successful tenderer for quantities
paragraph 2.                                                       not supplied by reason of force majeure.
Such correction shall be made by :                            2. The security required under paragraph 1 may be
                                                              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 to be supplied to
The monetary compensatory amount shall , where                the WFP must be of fair and sound merchantable
appropriate, be converted into the currency of the            quality and correspond at least to the standard quality
Member State in which the invitation to tender is
                                                              for which the intervention price is fixed .
issued using :
— in the case when the currencies concerned are
                                                                                       Article 8
     kept at any given moment within a band of
     2-25 % , a conversion rate resulting from their          1 . The French intervention agency shall be respon­
     central rate ,
                                                              sible for organizing the invitation to tender provided
— in the other cases, the average of the spot rates of        for by this Regulation .
     the currencies concerned recorded in the Member
     State in which the invitation to tender is issued        2.     It shall forthwith communicate to the Commis­
     during a period from the Wednesday of one week           sion the list of firms which have responded to the invi­
     to the Tuesday of the following week being the           tation to tender, specifying the terms of each tender,
     period immediately preceding the closing date for        together with the name and business name of the
     submission of tenders .                                  successful tenderer .
 ---pagebreak--- No L 246/30                       Official Journal of the European Communities                               20 . 9 . 75
3 . Where the customs export formalities for the             (a) after each shipment a certificate showing the quan­
mobilized product are completed in a Member State                tities dispatched and the quality of the products ;
other than that in which the invitation to tender is
issued, the intervention agency of the latter Member         (b) the date of departure of the vessels.
State shall be responsible for the operations following
tendering, including payment to the successful               The information indicated above shall be forwarded '
tenderer.                                                    by the intervention agency to the Commission imme­
                                                             diately upon receipt.
In such case, the intervention agency choosing the
successful tenderer shall immediately inform the inter­
vention agency of the Member State concerned and             5. When the intervention agency responsible for
shall supply it with all the information which it may        the operations relating to tendering is not the interven­
require.                                                     tion agency which appoints the successful tenderer, it
                                                             shall send as soon as possible to the latter the informa­
Furthermore the amount of the successful tender shall
                                                             tion necessary for releasing the security.
be paid after it has been converted using the average
of the spot rates referred to in the second subpara­
graph of Article 3(3) to the tenderer in the currency
of the Member State in which the operations relating                                 Article 9
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, 19 September 1975.
                                                                        For the Commission
                                                                          P.J. LARDINOIS
                                                                    Member of the Commission