CELEX: 31975R1013
Language: en
Date: 1975-04-18 00:00:00
Title: Regulation (EEC) No 1013/75 of the Commission of 18 April 1975 opening an invitation to tender for the mobilization of common wheat as food aid for the World Food Programme

19 . 4 . 75                              Official Journal of the European Communities                            No L 98 / 11
                             REGULATION (EEC) No 1013/75 OF THE COMMISSION
                                                        of 18 April 1975
               opening an invitation to tender for the mobilization of common wheat as food
                                             aid for the World Food Programme
THE COMMISSION OF THE EUROPEAN                                      by virtue of participation in the invitation to tender
COMMUNITIES,                                                        for the supply of wheat to the WFP ;
Having regard to the Treaty establishing the European               Whereas the French intervention agency should be
Economic Community ;                                                made responsible for the tendering procedure in ques­
                                                                    tion ;
Having regard to Council Regulation No 120/
67/EEC (') of 13 June 1967 on the common organiza­                  Whereas the Commission must be informed quickly
tion of the market in cereals, as last amended by Regu­             of the tenders submitted in response to the invitation
lation (EEC) No 665/75 (2) ;                                        and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No                        Whereas the Monetary Committee will be consulted ;
1 693/72 (3) of 3 August 1972 laying down the condi­                whereas, in view of the urgency, the measures envis­
tions for the mobilization of cereals as food aid, and              aged should be adopted in accordance with the condi­
in particular Article 6 thereof ;                                   tions laid down in Article 3 (2) of Council Regulation
                                                                    No 129 (4) on the value of the unit of account and the
Whereas on 23 May 1972 and 14 May 1973 the                          exchange rates to be applied for the purposes of the
Council of the European Communities declared by                     common agricultural policy, as last amended by Regu­
way of Community action it proposed to grant the                    lation (EEC) No 2543/73 (5), and in particular Article
World Food Programme (WFP) 1 5 000 metric tons of                   3 thereof ;
common wheat under its 1971 /72 and 1972/ 73 food­
aid programmes ;                                                    Whereas the measures provided for in this Regulation
                                                                    are in accordance with the Opinion of the Manage­
Whereas pursuant to Article 3 (3) of Council Regula­                ment Committee for Cereals,
tion (EEC) No 1693/72 the goods may be purchased
anywhere on the Community market ;
                                                                    HAS ADOPTED THIS REGULATION :
Whereas tenders should be invited for the supply of
the product fob ;
                                                                                               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 15 000 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 common wheat is to be loaded fob, in bulk
 must be made in favour of the tenderer offering the                 by the tenderer.
best terms ;
Whereas, should force majeure make it impossible to                                             Article 2
 complete the operation in question within the set
 time limits , it should be made clear who is to bear the            1.    The decision on tenders received in response to
 liability for any result ' ng costs ;                               the invitation provided for in Article 1 shall be taken
                                                                     on 2 May 1975 .
Whereas provision should be made for security to be
given to guarantee fulfilment of the obligations arising             2. The closing date for submission of tenders shall
                                                                     be 2 May 1975 at 12 noon .
 (•) 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 98/ 12                       Official Journal of the European Communities                            19 . 4 . 75
3.    The   notice of invitation   to  tender shall  be     It shall be released :
published in the Official Journal of the European           — in the case of all tenderers whose tenders are
Communities not less than nine days before the
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
1.    The prices offered must be expressed in the                the original export licence duly granted and
currency of the Member State in which the invitation             endorsed by the competent authorities of the
to tender was issued .                                           Member Statje 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
date for submission of tenders to exports from the                                   Article 6
Member State mentioned in the tender pursuant to
                                                            The common wheat referred to in Article 1 to be
paragraph 2.
                                                            supplied to the WFP must be of fair and sound
Such correction shall be made by :                          merchantable quality and correspond at least to the
                                                            standard quality for which the intervention price is
— increasing prices which mention a Member State            fixed, except that the moisture content shall not
    whose currency has depreciated or a new Member          exceed     1 5-5 % and that a maximum of 3 % of
    State,
                                                            sprouted grains and 1-5 % of miscellaneous impuri­
— reducing prices which mention a Member State              ties shall be allowed .
    whose currency has been revalued .
The monetary compensatory amount shall, where                                        Article 7
appropriate, be converted into the currency of the
Member State in which the invitation to tender is            1 . The French intervention agency shall be respon­
issued using :                                              sible for organizing the invitation to tender provided
                                                            for by this Regulation .
— in the case when the currencies concerned are
    kept at any given moment within a band of               2.     It shall forthwith communicate to the Commis­
    2-25 % , a conversion rate resulting from their         sion the list of firms which have responded to the invi­
    central rate,                                           tation to tender, specifying the terms of each tender,
— in the other cases, the average of the spot rates of      together with the name and business name of the
    the currencies concerned recorded in the Member         successful tenderer.
    State in which the invitation to tender is issued
    during a period from the Wednesday of one week          3 . Where the customs export formalities for the
    to the Tuesday of the following week being the           mobilized product are completed in a Member State
                                                            other than that in which the invitation to tender is
    period immediately preceding the closing date for
    submission of tenders .                                 issued, the intervention agency of the latter Member
                                                            State shall be responsible for the operations following
                                                            tendering, including payment to the successful
                        Article 4                           tenderer.
The contract shall be awarded to the tenderer offering       In such case, the intervention agency choosing the
the best terms, taking into consideration the adjust­       successful tenderer shall immediately inform the inter­
ment referred to in Article 3 (3).                          vention agency of the Member State concerned and
                                                            shall supply it with all the information which it may
However, if the tenders submitted do not appear to           require .
reflect normal market prices and costs, the interven­
tion agency may cancel the invitation to tender.             Furthermore, the amount of the successful tender
                                                            shall be paid after it has been converted using the
                        Article 5                           average of the spot rates referred to in the second
                                                            subparagraph of Article 3 (3) to the tenderer in the
1 . The tenderer shall give security in an amount of        currency of the Member State in which the operations
five units of account per metric ton of goods .              relating to the tendering are completed .
 ---pagebreak--- 19 . 4 . 75                        Official Journal of the European Communities                             No L 98 / 13
4. The intervention agency shall request the                   5 . When the intervention agency responsible for
successful tenderer to supply the following informa­           the operations relating to tendering is not the interven­
tion :                                                         tion agency which appoints the successful tenderer, it
(a) after each shipment a certificate showing the quan­        shall send as soon as possible to the latter the informa­
     tities dispatched and the quality of the products ;       tion necessary for releasing the security.
(b) the date of departure of the vessels.                                              Article 8
The information indicated above shall be forwarded             This Regulation shall enter into force on the day of its
by the intervention agency to the Commission imme­             publication in the Official Journal of the European
diately upon receipt.                                          Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 18 April 1975 .
                                                                         For the Commission
                                                                           P.J. LARDINOIS
                                                                     Member of the Commission