CELEX: 31975R2248
Language: en
Date: 1975-08-30 00:00:00
Title: Regulation (EEC) No 2248/75 of the Commission of 29 August 1975 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Sudan

.30 . 8 . 75                              Official Journal of the European Communities .                               No L 229/67
                                 REGULATION ( EEC) No 2248 /75 OF THE COMMISSION
                                                         of 29 August 1975
                    opening an invitation to tender for the mobilization of common wheat as food
                                                   aid for the Republic of Sudan
 THE COMMISSION OF THE EUROPEAN                                      Whereas the French intervention agency should be
 COMMUNITIES,                                                        made responsible for the tendering procedure in ques­
                                                                     tion ;
  Having regard to the Treaty establishing the European
 Economic Community ;                                                Whereas the Commission must be informed quickly
                                                                     of the tenders submitted in response to the invitation
 Having regard to Council Regulation No 120/
                                                                     and of those accepted by the intervention agency ;
 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 Monetary Committee will be consulted ;
                                                                     whereas, in view of the urgency, the measures envis­
 Having regard to Council Regulation (EEC) No                        aged should be adopted in accordance with the condi­
  1 69.3 / 72 (3 ) of .3 August 1972 laying down the condi­          tions laid down in Article 3 (2) of Council Regulation
 tions for the mobilization of cereals as food aid , and              No 129 (4 ) on the value of the unit of account and the
 in particular Article 6 thereof ;                                   exchange rates to be applied for the purposes of the
                                                                     common agricultural policy, as last amended by Regu­
 Whereas on 3 March 1975 the Council of the Euro­                    lation (EEC) No 2.543 /73 (5), and in particular Article
 pean Communities declared that by way of Commu­                     3 thereof ;
 nity action it proposed to grant the Republic of Sudan
 5 000       metric     tons  of  common      wheat    under  its
                                                                     Whereas the measures provided for in this Regulation
  1 974/75 food-aid programme ;                                      are in accordance with the Opinion of the , Manage­
                                                                     ment Committee for Cereals ,
 Whereas pursuant to Article 3 (3) of Council Regula­
 tion ( EEC) No 1693 / 72 the goods may be purchased
 anywhere on the Community market ;
 Whereas tenders should be invited for the supply of                 HAS ADOPTED THIS REGULATION :
 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 ;
                                                                                                   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, by
 may relate to products mobilized anywhere within                    way of Community food-aid action to the Republic of
 those Member States ; whereas, in view of the currency              Sudan of 5 000 metric tons of common wheat .
 situation in the Member States and in order to ensure
 that the tenders are as comparable as possible, account
 should be taken of the effect on each tender of the                 2 . The tendering procedure shall take place in the
                                                                     Republic of France in one lot.
 currency situation in the Member State in which the
customs export formalities will be completed ;
                                                                     3.      The product shall be mobilized on the Commu­
Whereas          the   contract  should    be   awarded  to  the     nity market .
tenderer offering the best terms ;
                                                                     4.      Loading shall take place for shipment from any
Whereas in case it should be impossible for reasons of               Mediterranean port .
 force majeure to complete the operation in question
within the set time limits , it must be made clear who
 is to bear any costs resulting therefrom ;                          5 . The product referred to in paragraph 1 is to be
                                                                     delivered in bulk to the port of shipment in the
Whereas provision should be made for security to be                  vicinity of the vessel . The goods must be set down at
given to guarantee fulfilment of the obligations arising             the place nominated by the recipient country or its
by virtue of participation in the invitation to tender ;             agent, the timing of delivery being settled by the
                                                                     tenderer and the recipient country's agent .
(') OJ No 117, 19 . 6 . 1967, p . 2269/ 67 .
(') OJ No L 72, 20 . .3 . 1975 , p . 14 .                            (4 ) OJ No 106 , .30 . 10 . 1962, p . 255.3 / 62 .
( } ) OJ No L 178 , 5 . 8 . 1972, p . .3 .                           (5 ) 0 | No L 26.3 , 19 . 9 . 197.3 , p. 1 .
 ---pagebreak--- No L 229 / 68                        Official Journal of the European Communities                                30 . 8 . 75
                          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 September 1975 .
                                                                                          Article 5
2 . The closing date for the receipt of tenders shall
be 12 September 1975 at 12 noon .                               If the tenderer is unable to deliver the goods in
                                                                compliance with Article 1 (5) on the date given in the
3.     The   notice of    invitation  to  tender  shall be      notice of invitation to tender as a result of the late
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
currency of the Member State in which the invitation            1 . The tenderer shall give security in an amount of
to tender was issued .                                          5 units of account per metric ton of goods .
                                                                It shall be released :
2.     Tenders must in particular mention the Member
State in which the tenderer, in the event of his being          — in the case of all tenderers whose tenders are
declared successful , expects to complete the customs                unsuccessful or are not accepted,
export formalities for the products concerned .
                                                                — in the case of the successful tenderer, when the
3.     For the purpose of rendering the tenders compar­              operations concerned have been carried out within
able , the prices shall , where appropriate, be corrected            the prescribed time limit and on submission of
by the monetary compensatory amount and the acces­                   the original export licence duly granted and
sion compensatory amount applicable on the closing                   endorsed by the competent authorities of the
date for submission of tenders to exports from the                   Member State mentioned in the tender pursuant
Member State mentioned in the tender pursuant to                     to Article 3 (2),
paragraph 2.                                                    — in the case of the successful tenderer for quantities
                                                                     not supplied by reason of force majeure.
Such correction shall be made by :
— increasing prices which mention a Member State                2. The security required under paragraph 1 may be
     whose currency has depreciated or a new Member             provided in the form of a cash deposit or of a
     State ,                                                    guarantee issued by a credit institution conforming to
— reducing prices which mention a Member State                  criteria laid down by each Member State .
     whose currency has been revalued .
                                                                                          Article 7
The monetary compensatory amount shall , where
appropriate, be converted into the currency , of the            The common wheat referred to in Article 1             to be
Member State in which the invitation to tender is
issued using :                                                   supplied to the Republic of Sudan must be of fair and
                                                                sound merchantable quality and correspond at least to
— in the case when the currencies concerned are                  the standard quality for which the intervention price
     kept at any given moment within a band of                   is fixed, except that the moisture content shall not
     2 25 % , a conversion rate resulting from their            exceed      1 5-5 %  and  that  a  maximum     of 3 %      of
     central rate ,                                              sprouted grains and 1-5% of miscellaneous impuri­
                                                                 ties shall be allowed .
— in the other cases, the average of the spot rates of
     the currencies concerned recorded in the Member
     State in which the invitation to tender is issued
                                                                                          Article 8
     during a period from the Wednesday of one week
     to the Tuesday of the following week being the
                                                                 1 . The French intervention agency shall be respon­
     period immediately preceding the closing date for           sible for operations relating to the invitation to tender
     submission of tenders .
                                                                 provided for by this Regulation .
                          Article 4                              2.     It shall forthwith communicate to the Commis­
                                                                 sion the list of firms which have responded to the invi­
The contract shall be awarded to the tenderer offering           tation to tender, specifying the terms of each tender,
 the best terms, taking into consideration the adjust­           together with the name and business name of the
 ment referred to in Article 3 (3).                              successful tenderer .
 ---pagebreak--- 30 . 8 . 75                        Official Journal of the European Communities                          No L 229 / 69
3 . Where the customs export formalities for the              (b) the date of departure of the vessels .
mobilized product are completed in a Member State             The information indicated above shall be forwarded
other than that in which the invitation to tender is
                                                              by the intervention agency to the Commission imme­
issued, the intervention agency of the latter Member
                                                              diately upon receipt.
State shall be responsible for the operations following
tendering, including payment to the successful                5 . When the intervention agency responsible for
tenderer .                                                    the operations relating to tendering is not the interven­
                                                              tion agency which appoints the successful tenderer, it
In such case, the intervention agency choosing the            shall send as soon as possible to the latter the informa­
successful tenderer shall immediately inform the inter­       tion necessary for releasing the security .
vention agency of the Member State concerned and
shall supply it with all the information which it may                                 Article 9
require .
                                                              On delivery of the goods at the port of shipment, a
Furthermore , the amount of the successful tender
                                                              handing-over certificate shall be supplied to the
shall be paid after it has been converted using the           successful tenderer acting as agent for the Commu­
average of the spot rates referred to in the second           nity, by the agent of the recipient country or, in the
subparagraph of Article 3 (3) to the tenderer in the          absence of the latter, by the intervention agency of the
currency of the Member State in which the operations          Member State in whose territory the port of shipment
relating to the tendering are completed .                     is situated .
4. The intervention agency shall request the
successful tenderer to supply the following informa­                                  Article 10
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, 29 August 1975 .
                                                                        For the Commission
                                                                            P.J. LARDINOIS
                                                                    Member of the Commission