31975R0760
No L 76/ 1 4 Official Journal of the European Communities 25 . 3 . 75
REGULATION ( EEC ) No 760/ 75 OF THE COMMISSION of 21 March 1975 opening an invitation to tender for the mobilization of maize as food aid for the Democratic Republic of Somalia
THE COMMISSION OF THE EUROPEAN Whereas provisions 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 the Democratic Republic of Somalia will be fulfilled ; Economic Community ;
Having regard to Council Regulation No 1 20 / Whereas the French intervention agency should be 67/ EECC ) 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 17 February 1975 the Council of the tions laid down in Article 3 (2) of Council Regulation European Communities declared that by way of No 12 ^ on the value of the unit of account and the Community action it proposed to grant the Demo exchange rates to be applied for the purposes of the cratic Republic of Somalia 5 000 metric tons of maize common agricultural policy, as last amended by Regu under its 1974/75 food-aid programme ; lation ( EEC) No 2543 /73 (■), 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 W'hereas 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 the proposed invitation to tender should be for supply of the products delivered cif, that is at the moment when the goods are actually placed in lighter 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 Art itie 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 the should be taken of the effect on each tender of the Democratic Republic of Somalia of by way of Commu currency situation in the Member State in which the nity food-aid action , of 5 000 metric tons of maize . customs export formalities will be completed ;
Whereas the award under the invitation to tender 2 . The tendering procedure shall take place in Prance in one lot . The product shall be mobilized on must be made in favour of the tenderer offering the the Community market . The product shall be loaded best terms ; for departure from any Community port .
Whereas , should fora- nnijcun make it impossible to complete the operation in question within the set 3 . The invitation to tender provided for in para time limits , it should be made clear who is to bear the graph 1 is for supply of products delivered cif that is liability for any resulting costs ; to say , actually placed in lighter of the port of Moga discio . (') 0 ( No 117, 19 . 6 . 1967, p . 2269 / 67 . (2 ) OJ No L II , 16. 1 . 1 97 .S , p . 1 . {'•) 0 1 No 106 , 30 . 10 . 1962, p. 2553 / 62 . (3 ) O ) No L 178 , 5 . 8 . 1972, p . 3 . (s ) OJ No L 26 ?, 19 . 9 . 1973 , p. 1 .
25 . 3 . 75 No L 76/ 15 Official Journal of the European Communities
4. The successful tenderer shall deliver the product to the Tuesday of the following week being the specified in paragraph 1 in new jute sacks of a net period immediately preceding the closing date for submission of tenders . capacity of 30 kilogrammes . The following shall be printed on the sacks :
'Maize — gift of the European Community — to be A rticle 4 distributed free of charge .' The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust Article 2 ment referred to in Article 3 (3).
1 . The decision on tenders received in response to However, if the tenders submitted do not appear to the invitation provided for in Article 1 shall be taken reflect normal market prices and costs, the interven on 8 April 1975 . tion agency may cancel the invitation to tender.
2. The closing date for the receipt of tenders shall Article 5 be 8 April 1975 at 12 noon .
3 . The notice of invitation to tender shall be 1 . The tenderer shall give security in an amount of five units of account per metric ton of goods . published in the Official Journal of the European Communities not less than nine days before the It shall be released : closing date for submission of tenders . — in the case of all tenderers whose tenders are unsuccessful or are not accepted, Article J — in the case of the successful tenderer, when the operations concerned have been carried out within 1 . The prices offered must be expressed in the the prescribed time limit and on submission of currency of the Member State in which the invitation the original export licence duly granted and to tender was issued . , endorsed by the competent authorities of the Member State mentioned in the tender pursuant 2 . Tenders must in particular mention the Member to Article 3 (2), State in which the tenderer, in the event of his being 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 provided in the form of a cash deposit or of a able, the prices shall , where appropriate, be corrected guarantee issued by a credit institution conforming to by the monetary compensatory amount applicable on the criteria laid down by each Member State . the closing date for submission of fenders to exports from the Member State mentioned in the tender pursuant to paragraph ?.. Article 6 Such correction shall be made by : 1 . The product referred to in Article 1 which is to — increasing prices which mention a Member State be supplied for human consumption to the Demo whose currency has depreciated , cratic Republic of Somalia must be of fair and sound merchantable quality, be free from odour, and corres — reducing prices which mention a Member State pond at least to the standard quality for which the whose currency has been revalued . intervention price is fixed .
Such monetary compensator)' amount shall , where 2 . Tenders for supply to the Democratic Republic appropriate , be converted i-ito the currency of the of Somalia of the product specified in Article 1 must Member State in which, fir invitation to tender is relate to maize of fair and sound merchantable issued using : quality, free from odour, and correspond at least to the ' — in the case when the currencies concerned are standard quality for which the intervention price is fixed . kept at any given moment within a band of 2-25 % , a conversion rate '' Suiting from their central rate , Article 7 — in the other cases , fin. , iverit <: v of the spot rates of the currencies concerned eco:ded in the Member 1 . The French intervention agency shall be respon State in which the ' r to fender is issued sible for organizing the invitation to tender provided during a period from rK- - dnesday of one week for by this Regulation .
No L 76/ 16 25 . 3 . 75 Official Journal of the European Communities
2 . It shall forthwith communicate to the Commis (a) after each shipment, a certificate showing the quan sion the list of firms which have responded to the invi tities dispatched, the quality of the products and tation to tender, specifying the terms of each tender, the type of packing ; together with the name and business name of the (b) the date of the departure of the ships, the esti successful tenderer . mated date of arrival of the products at their desti 3 . Where the customs export formalities for the nation ; mobilized product are completed in a Member State (c) all possible contingencies which might occur other than that in which the invitation to tender is during transportation of the products . issued , the intervention agency of the latter Member State shall be responsible for the operations following The information indicated above shall be forwarded tendering, including payment to the successful ten derer . 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 tion necessary for releasing the security . shall be paid after it has been converted using the average of the spot rates referred to in the second subparagraph of Article 3 ( 3 ) to the tenderer in the currency of the Member State in which the operations Article 8 relating 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 Jon nidi of the European tion : Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 21 March 1975 .
Eor the Commission
P. J. LARDINOIS Member of the Commission