31975R1011

19 . 4 . 75 Official Journal of the European Communities No L 98 / 5

REGULATION ( EEC) No 1011 / 75 OF THE COMMISSION

of 18 April 1975

opening an invitation to tender for the mobilization of common wheat and maize as food aid for Senegal

THE COMMISSION OF THE EUROPEAN tions arising by virtue of participation in the invita­ COMMUNITIES, tion to tender for supplies to Senegal will be fulfilled ;

Having regard to the Treaty establishing the European Whereas the French intervention agency should be Economic Community ; made responsible for the tendering procedure in ques­ tion ; Having regard to Council Regulation No 120/ 67/EEC ( 1 ) of 13 June 1967 on the common organiza­ Whereas the Commission must be informed quickly tion of the market in cereals, as last amended by Regu­ of the tenders submitted in response to the invitation lation '( EEC) No 665/75 (2 ) ; 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 whereas, in view of the urgency, the measures envis­ tions for the mobilization of cereals as food aid , and 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 17 December 1974 the Council of the No 129 (4 ) on the value of the unit of account and the exchange rates to be applied for the purposes of the European Communities declared that by way of common agricultural policy, as last amended by Regu­ Community action it proposed to grant Senegal 3 500 metric tons of common wheat and 3 500 metric tons lation (EEC) No 2543/ 73 (5), and in particular Article 3 thereof ; of maize under its 1974/75 food-aid programme ;

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

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 on the HAS ADOPTED THIS REGULATION : dock at the port of unloading ;

Whereas tenders may be submitted by tenderers esta­ Article 1 blished in any Member State of the Community and may relate to products mobilized anywhere within 1 . Tenders are hereby invited for the supply to those Member States ; whereas, in view of the currency Senegal by way of Community food-aid action of situation in the Member States and in order to ensure 3 500 metric tons of common wheat and 3 500 metric that the tenders are as comparable as possible, account tons of maize . should be taken of the effect on each tender of the currency situation in the Member State in which the 2 . The tendering procedure shall take place in customs export formalities will be completed ; France in two lots. The product shall be mobilized on the Community market. The product shall be loaded Whereas the award under the invitation to tender for departure from any Community port. must be made in favour of the tenderer offering the best terms ; 3 . The invitation to tender provided for in para­ graph 1 is for supply of products delivered cif, that is Whereas, should force majeure make it impossible to at the moment when the goods are actually placed on complete the operation in question within the set the dock at the port listed in the Annex . time limits , it should be made clear who is to bear the liability for any resulting costs ; 4 . The successful tenderer shall deliver the product Whereas provisions should be made for security to be specified in paragraph 1 in new jute sacks of a net capacity of 50 kilogrammes . The following shall be given for the purpose of guaranteeing that the obliga­ printed on the sacks : (') 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 .

No L 98 / 6 Official Journal of the European Communities 19 . 4 . 75

' Froment — Don de la Communauté économique However, if the tenders submitted do not appear to européenne .' reflect normal market prices and costs, the interven­ 'Mais — Don de la Communauté économique euro­ tion agency may cancel the invitation to tender. péenne.'

Article5¶

1 . The decision on tenders received in response to 1 . The tenderer shall give security in an amount of the invitation provided for in Article 1 shall be taken five units of account per metric ton of goods. on 2 May 1975 . It shall be released : 2. The closing date for submission of tenders shall be 2 May 1975 at 12 noon . — in the case of all tenderers whose tenders are 3 . The notice of invitation to tender shall be unsuccessful or are not accepted, published in the Official Journal of the European — in the case of the successful tenderer, when the Communities not less than nine days before the operations concerned have been carried out within closing date for submission of tenders. the prescribed time limit and on submission of the original export licence duly granted and Article 3 endorsed by the competent authorities of the Member State mentioned in the tender pursuant 1 . The prices offered must be expressed in the to Article 3 (2), currency of the Member State in which the invitation to tender was issued . — in the case of the successful tenderer for quantities not supplied by reason of force majeure. 2. Tenders must in particular mention the Member State in which the tenderer, in the event of his being 2 . The security required under paragraph 1 may be declared successful, expects to complete the customs provided in the form of a cash deposit or of a export formalities for the products concerned . guarantee issued by a credit institution conforming to 3 . For the purpose of rendering the tenders compar­ criteria laid down by each Member State . able, the prices shall, where appropriate, be corrected by the monetary compensatory amount and the acces­ Article 6 sion compensatory amount applicable on the closing date for submission of tenders to exports from the 1 . The common wheat specified in Article 1 to be Member State mentioned in the tender pursuant to supplied for human consumption to the Republic of paragraph 2. Senegal must be of fair and sound merchantable Such correction shall be made by : quality, be free from odour, and correspond at least to the standard quality for which the intervention price — increasing prices which mention a Member State is fixed, except that the humidity shall not exceed whose currency has depreciated or a new Member 1 5-5 % and that a maximum tolerance of 3 % of State , sprouted grains and 1 % of miscellaneous impurities — reducing prices which mention a Member State shall be allowed . whose currency has been revalued .

The monetary compensatory amount shall , where 2. Tenders for supply to the Republic of Senegal of appropriate , be converted into the currency of the the products specified in Article 1 must relate to Member State in which the invitation to tender is common wheat 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, except that the humidity shall not exceed kept at any given moment within a band of 15-5% and that a maximum tolerance of 3% of 2-25 % , a conversion rate resulting from their central rate , sprouted grains and 1 % of miscellaneous impurities shall be allowed . — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member 3 . The maize referred to in Article 1 which is to be State in which the invitation to tender is issued supplied for human consumption to Senegal must be during a period from the Wednesday of one week of fair and sound merchantable quality, be free from to the Tuesday of the following week being the odour, and correspond at least to the standard quality period immediately preceding the closing date for for which the intervention price is fixed . submission of tenders .

4. Tenders for supply to Senegal of the product Article 4 specified in Article 1 must relate to maize of fair and The contract shall be awarded to the tenderer offering sound merchantable quality, free from odour, and the best terms taking into consideration the adjust­ correspond at least to the standard quality for which ment referred to in Article 3 (3). the intervention price is fixed .

19 . 4 . 75 No L 98 / 7 Official Journal of the European Communities

If the products specified in Article 1 do not meet the average of the spot rates referred to in the second foregoing requirements they shall be rejected and the subparagraph of Article 3 (3) to the tenderer in the successful tenderer shall be owner thereof. currency of the Member State in which the operations relating to the tendering are completed . Article 7 4. The intervention agency shall request the 1 . The French intervention agency shall be respon­ successful tenderer to supply the following informa­ sible for organizing the invitation to tender provided tion : for by this Regulation . (a) after each shipment a certificate showing the quan­ 2 . It shall forthwith communicate to the Commis­ tities dispatched and the quality of the products ; sion the list of firms which have responded to the invi­ (b) the date of departure of the vessels ; tation to tender, specifying the terms of each tender, (c) all possible contingencies which might occur together with the name and business name of the successful tenderer . during transportation of the products.

The information indicated above shall be forwarded 3 . Where the customs export formalities for the mobilized product are completed in a Member State by the intervention agency to the Commission imme­ other than that in which the invitation to tender is diately upon receipt. issued, the intervention agency of the latter Member 5 . When the intervention agency responsible for State shall be responsible for the operations following the operations relating to tendering is not the interven­ tendering, including payment to the successful tenderer. tion agency which appoints the successful tenderer, it shall send as soon as possible to the latter the informa­ In such case, the intervention agency choosing the tion necessary for releasing the security. successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and Article 8 shall supply it with all information which it may require . This Regulation shall enter into force on the day of its Furthermore , the amount of the successful tender publication in the Official Journal of the European Communities. shall be paid after it has been converted using the

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

ANNEX

Number Metric Product Port of unloading Minimum rate of unloading of lot tonnage cif

Soft wheat 1 3 500 Dakar Customs of the port Maize 2 3 500