31975R1010

I No L 98 / 2 19 . 4 . 75 Official Journal of the European Communities

REGULATION ( EEC) No 1010/75 OF THE COMMISSION of 18 April 1975 opening an invitation to tender for the mobilization of common wheat as aid for the People's Republic of Bangladesh

THE COMMISSION OF THE EUROPEAN by virtue of participation in the invitation to tender COMMUNITIES, for the supply of wheat to the People's Republic of Bangladesh ; Having regard to the Treaty establishing the European Economic Community ; Whereas the French intervention agency should be made responsible for the tendering procedure in ques­ Having regard to Council Regulation No 120/ tion ; 67/ EEC (') of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ Whereas the Commission must be informed quickly lation (EEC) No 665/75 (^) ; of the tenders submitted in response to the invitation 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 tions for the mobilization of cereals as food aid , and whereas, in view, of the urgency, the measures envis­ aged should be adopted in accordance with the condi­ in particular Article 6 thereof ; tions laid down in Article 3(2) of Council Regulation Whereas on 3 March 1975 the Council of the Euro­ No 129 (|) 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 common agricultural policy, as last amended by Regu­ nity action it proposed to grant the People's Republic of Bangladesh 50 000 metric tons of common wheat lation ( EEC) No 2543 /73 (5), and in particular Article 3 thereof ; under the 1974/75 food-aid programme ;

Whereas the measures provided for in this Regulation Whereas pursuant to Article 3 (3) of Council Regula­ are in accordance with the Opinion of the Manage­ tion ( EEC) No 1693 /72 the goods may be purchased ment Committee for Cereals, anywhere on the Community market ;

Whereas tenders should be invited for the supply of the product to the port of shipment in the vicinity of HAS ADOPTED THIS REGULATION : the vessel , the goods to be set down at the place nomi­ nated by the recipient country 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 People's those Member States ; whereas , in view of the currency Republic of Bangladesh of 50 000 metric tons of situation in the Member States and in order to ensure common wheat . 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 currency situation in the Member State in which the France in five lots of 10 000 metric tons each . customs export formalities will be completed ; 3 . The products 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 Community port . force majeure to complete the operation in question within the set time limits , it must be made clear who 5 . The product referred to in paragraph 1 is to be is to bear any costs resulting therefrom ; delivered in bulk to the port of shipment in the vicinity of the vessel . The goods must be set down at Whereas provision should be made for security to be the place nominated by the recipient country or its given to guarantee fulfilment of the obligations arising 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 . (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 .

19 . 4 . 75 No L 98 / 3 Official Journal of the European Communities

Article2¶

1 . The decision on tenders received in response to If the tenderer is unable to deliver the goods in the invitation provided for in Article 1 shall be taken compliance with Article 1 (5) on the date given in the on 2 May 1975 . notice of invitation to tender as a result of the late availability of the vessels to be used for sea transporta­ 2. The closing date for the receipt of tenders shall tion , the resulting costs shall be borne by the interven­ be 2 May 1975 at 12 noon . tion agency . 3 . The notice of invitation to tender shall be published in the Official Journal of the European Article 6 Communities not less than nine days before the closing date for submission of tenders . 1 . The tenderer shall give security in an amount of five units of account per metric ton of goods . Article 3 It shall be released : 1 . The prices offered must be expressed in the currency of the Member State in which the invitation — in the case of all tenderers whose tenders are to tender was issued . unsuccessful or are not accepted, 2. Tenders must in particular mention the Member — in the case of the successful tenderer, when the State in which the tenderer, in the event of his being operations concerned have been carried out within declared successful , expects to complete the customs the prescribed time limit and on submission of export formalities for the products concerned . the original export licence duly granted and endorsed by the competent authorities of the 3 . For the purpose of rendering the tenders compar­ Member State mentioned in the tender pursuant able, the prices shall , where appropriate, be corrected to Article 3 (2), by the monetary compensatory amount and the acces­ sion compensatory amount applicable on the closing — in the case of the successful tenderer for quantities date for submission of tenders to exports from the not supplied by reason of force majeure. Member State mentioned in the tender pursuant to 2. The security required under paragraph 1 may be paragraph 2 . provided in the form of a cash deposit or of a Such correction shall be made by : guarantee issued by a credit institution conforming to — increasing prices which mention a Member State criteria laid down by each Member State . whose currency has depreciated or a new Member State , Article 7 — reducing prices which mention a Member State whose currency has been revalued . The common wheat referred to in Article 1 to be supplied to the People's Republic of Bangladesh must The monetary compensatory amount shall , where be of fair and sound merchantable quality and corres­ appropriate, be converted into the currency of the pond at least to the standard quality for which the Member State in which the invitation to tender is intervention price is fixed , except that the moisture issued using : content shall not exceed 15-5 % and that a maximum — in the case when the currencies concerned are of 3 % of sprouted grains and 1 -5 % of miscellaneous kept at any given moment within a band of impurities shall be allowed . 2-25 % , a conversion rate resulting from their central rate , Article 8 — in the other cases, the average of the spot rates of the currencies concered recorded in the Member 1 . The French intervention agency shall be respon­ State in which the invitation to tender is issued sible for organizing the invitation to tender provided during a period from the Wednesday of one week for by this Regulation . to the Tuesday of the following week being the period immediately preceding the closing date for 2 . It shall forthwith communicate to the Commis­ submission of tenders . sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, Article 4 together with the name and business name of the successful tenderer . The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ 3 . Where the customs export formalities for the ment referred to in Article 3 (3). mobilized product are completed in a Member State other than that in which the invitation to tender is However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ issued , the intervention agency of the latter Member tion agency may cancel the invitation to tender. State shall be responsible for the operations following

No L 98 /4 Official Journal of the European Communities 19 . 4 . 75

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 require . Article 9 Furthermore, the amount of the successful tender shall be paid after it has been converted using the average of the spot rates referred to in the second On delivery of the goods at the port of shipment, a handing-over certificate shall be supplied to the subparagraph of Article 3 (3) to the tenderer in the successful tenderer, acting as agent for the Communi­ currency of the Member State in which the operations ty, by the agent of the recipient country or, in the relating to the tendering are completed. absence of the latter, by the intervention agency of the 4. The intervention agency shall request the Member State in whose territory the port of shipment successful tenderer to supply the following informa­ is situated . tion : (a) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; Article 10 (b) the date of departure of the vessels.

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 Communities. diately upon receipt.

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