31975R0759

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 tion to tender for supplies to Ethiopia will be Having regard to the Treaty establishing the European fulfilled ; Economic Community ;

Whereas the French intervention agency should be Having regard to Council Regulation No 120/ made responsible for the tendering procedure ; 67/ EECO ) of 13 June 1967 on the common organiza­ 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 and of those accepted by the intervention agency ; Having regard to Council Regulation ( EEC) No 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 No 129 (4) 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 Ethiopia , 9 000 metric common agricultural policy, as last amended by Regu­ tons of maize under its 1973 /74 food-aid programme ; 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 metric 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 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 .

No L 76 / 12 25 . 3 . 75 Official Journal of the European Communities

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 1 . The tenderer shall give security in an amount of published in the Official Journal of the European five units of account per metric ton of goods. Communities not less than nine days before the 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 — in the case of the successful tenderer for quantities export formalities for the products concerned . not supplied by reason of force majeure. 3 . For the purpose of rendering the tenders compar­ 2. The security required under paragraph 1 may be able , the prices shall , where appropriate , be corrected provided in the form of a cash deposit or of a by the monetary compensatory amount applicable on guarantee issued by a credit institution conforming to the closing date for submission of tenders to exports 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 be supplied for human consumption to Ethiopia must whose currency has depreciated , 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 for which the intervention price is fixed . — in the case when the currencies concerned are 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 .

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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 the type of packing ; 3 . Where the customs export formalities for the 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 tion necessary for releasing the security. Furthermore, the amount of the successful tender 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 Communities. relating to the tendering are completed .

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