CELEX: 31975R0759
Language: en
Date: 1975-03-21 00:00:00
Title: Regulation (EEC) No 759/75 of the Commission of 21 March 1975 opening an invitation to tender for the mobilization of maize as food aid for Ethiopia

25 . 3 . 75                              Official Journal of the European Communities                               No L 76/ 11
                              REGULATION ( EEC) No 759/75 OF THE COMMISSION
                                                        of 21 March 1975
               opening an invitation to tender for the mobilization of maize as food aid for
                                                             Ethiopia
THE COMMISSION OF THE EUROPEAN                                      Whereas provision should be made for security to be
COMMUNITIES,                                                        given for the purpose of guaranteeing that the obliga­
                                                                    tions arising by virtue of participation in the invita­
Having regard to the Treaty establishing the European               tion to tender for supplies to Ethiopia will be
Economic Community ;                                                fulfilled ;
Having regard to Council Regulation No 120/                         Whereas the French intervention agency should be
67/ EECO ) of 13 June 1967 on the common organiza­                  made responsible for the tendering procedure ;
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 85/75 (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 4 October 1973 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 Ethiopia , 9 000 metric            exchange rates to be applied for the purposes of the
tons of maize under its 1973 /74 food-aid programme ;               common agricultural policy, as last amended by Regu­
                                                                    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
anywhere on the Community market ;                                  Whereas the measures provided for in this Regulation
                                                                    are in accordance with the Opinion of the Manage­
                                                                    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
the ship's hold at the port of unloading ;
                                                                    HAS ADOPTED THIS REGULATION :
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and
may relate to products mobilized anywhere within                                               Article 1
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account              1 . Tenders are hereby invited for the supply to Ethi­
should be taken of the effect on each tender of the                 opia, by way of Community food-aid action , of 9 000
currency situation in the Member State in which the                 metric tons of maize .
customs export formalities will be completed ;
                                                                    2 . The tendering procedure shall take place in
Whereas the award under the invitation to tender                     France in one lot. The product shall be mobilized on
must be made in favour of the tenderer offering the                 the Community market . The products shall be loaded
best terms ;                                                        for departure from any Community port.
Whereas, should force nni /enre, make it impossible to              3 . The invitation to tender provided for in para­
complete the operation in question within the set                   graph 1 is for supply of products delivered cif, that is
time limits , it must be made clear who is to bear the              at the moment when the goods are actually removed
liability for any resulting costs ;                                  from the ship's hold at the 'port of Assab, Massawa or
                                                                     Djibouti (optional bill of lading).
(!) OJ No 117, 19 . 6 . 1967, p . 2269 / 67.
(2 ) OJ No L 1 1 , 16 . 1 . 1975, p. 1 .                            (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 76/ 12                         Official Journal of the European Communities                             25 . 3 . 75
4. The successful tenderer shall deliver the product               during a period from the Wednesday of one week
specified in paragraph 1 in new jute sacks of a net                to the Tuesday of the following week being the
capacity of 50 kilogrammes . The following shall be                period immediately preceding the closing date for
printed on the sacks :                                             submission of tenders .
'Maize — gift of the European Community — to be
distributed free of charge .'                                                         Article 4
                                                              The contract shall be awarded to the tenderer offering
                         Article 2                            the best terms, taking into consideration the adjust­
                                                              ment referred to in Article 3 (3).
1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken        However, if the tenders submitted do not appear to
on 8 April 1975 .                                             reflect normal market prices and costs, the interven­
                                                              tion agency may cancel the invitation to tender.
2. The closing date for the receipt of tenders shall
be 8 April 1975 at 12 noon .
                                                                                      Article 5
3.     The   notice of   invitation  to  tender  shall be
published in the Official Journal of the European              1 . The tenderer shall give security in an amount of
Communities not less than nine days before the                 five units of account per metric ton of goods.
closing date for submission of tenders .
                                                               It shall be released :
                                                              — in the case of all tenderers whose tenders are
                         Article 3
                                                                   unsuccessful or are not accepted,
                                                              — in the case of the successful tenderer, when the
 1 . The prices offered must be expressed in the
                                                                   operations concerned have been carried out within
currency of the Member State in which the invitation               the prescribed time limit and on submission of
to tender was issued .
                                                                   the original export licence duly granted and
                                                                   endorsed by the competent authorities of the
2. Tenders must in particular mention the Member                   Member State mentioned in the tender pursuant
State in which the tenderer, in the event of his being             to Article 3 (2),
declared successful, expects to complete the customs
export formalities for the products concerned .               — in the case of the successful tenderer for quantities
                                                                   not supplied by reason of force majeure.
3 . For the purpose of rendering the tenders compar­
able, the prices shall , where appropriate, be corrected       2. The security required under paragraph 1 may be
by the monetary compensatory amount applicable on              provided in the form of a cash deposit or of a
the closing date for submission of tenders to exports         guarantee issued by a credit institution conforming to
from    the  Member State     mentioned    in  the tender      criteria laid down by each Member State .
pursuant to paragraph 2.
                                                                                      Article 6
Such correction shall be made by :
— increasing prices which mention a Member State               1 . The product referred to in Article 1 which is to
     whose currency has depreciated,                           be supplied for human consumption to Ethiopia must
                                                               be of fair and sound merchantable quality, be free
— reducing prices which mention a Member State                 from odour, and correspond at least to the standard
     whose currency has been revalued .                        quality for which the intervention price is fixed .
Such monetary compensatory amount shall, where                 2. Tenders for supply to Ethiopia of the product
appropriate, be converted into the currency of the             specified in Article 1 must relate to products of maize
Member State in which the invitation to tender is
                                                               of fair and sound merchantable quality, free from
issued using :                                                 odour, and correspond at least to the standard quality
— in the case when the currencies concerned are
                                                               for which the intervention price is fixed .
     kept at any given moment within a band of
     2-25 % , a conversion rate resulting from their                                  Article 7
     central rate ,
— in the other cases, the average of the spot rates of         1 . The French intervention agency shall be respon­
     the currencies concerned recorded in the Member           sible for organizing the invitation to tender provided
     State in which the invitation to tender is issued         for by this Regulation .
 ---pagebreak--- 25 . 3 . 75                          Official Journal of the European Communities                           No L 76/ 13
2.     It shall forthwith communicate to the Commis­           4. The intervention agency shall request the
sion the list of firms which have responded to the             successful tenderer to supply the following informa­
invitation to tender, specifying the terms of each             tion :
tender, together with the name and business name of            (a) after each shipment, a certificate showing the quan­
the successful tenderer.
                                                                   tities dispatched, the quality of the products and
3 . Where the customs export formalities for the                   the type of packing ;
mobilized product are completed in a Member State              (b) the date of departure of the ships, the estimated
other than that in which the invitation to tender is               date of arrival of the products at their destination ;
issued, the intervention agency of the latter Member           (c) all possible contingencies which might occur
State shall be responsible for the operations following            during transportation of the products .
tendering, including payment to the successful                 The information indicated above shall be forwarded
tenderer.
                                                               by the intervention agency to the Commission imme­
In such case, ' the intervention agency choosing the           diately upon receipt.
successful tenderer shall immediately inform the inter­        5 . When the intervention agency responsible for
vention agency of the Member State concerned and               the operations relating to tendering is not the interven­
shall supply it with all the information which it may          tion agency which appoints the successful tenderer, it
require .                                                      shall send as soon as possible to the latter the informa­
Furthermore, the amount of the successful tender               tion necessary for releasing the security.
shall be paid after it has been converted using the                                     Article 8
average of the spot rates referred to in the second
subparagraph of Article 3 (3) to the tenderer in the           This Regulation shall enter into force on the day of its
currency of the Member State in which the operations           publication in the Official Journal of the European
relating to the tendering are completed .                       Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
                Done at Brussels , 21 March 1975 .
                                                                          For the Commission
                                                                            P. J. LARDINOIS
                                                                      Member of the Commission