31975R1013

19 . 4 . 75 No L 98 / 11 Official Journal of the European Communities

REGULATION ( EEC) No 1013/ 75 OF THE COMMISSION of 18 April 1975 opening an invitation to tender for the mobilization of common wheat as food aid for the World Food Programme

THE COMMISSION OF THE EUROPEAN by virtue of participation in the invitation to tender COMMUNITIES, for the supply of wheat to the WFP ;

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 (') 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 No 129 (4) on the value of the unit of account and the Whereas on 23 May 1972 and 14 May 1973 the exchange rates to be applied for the purposes of the Council of the European Communities declared by common agricultural policy, as last amended by Regu­ way of Community action it proposed to grant the lation (EEC) No 2543/73 (5), and in particular Article 3 thereof ; World Food Programme (WFP) 1 5 000 metric tons of common wheat under its 1971 /72 and 1972/ 73 food­ Whereas the measures provided for in this Regulation aid programmes ; are in accordance with the Opinion of the Manage­ ment Committee for Cereals, Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 1693/72 the goods may be purchased anywhere on the Community market ; HAS ADOPTED THIS REGULATION : Whereas tenders should be invited for the supply of the product fob ; 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 to the may relate to products mobilized anywhere within World Food Programme by way of Community food­ those Member States ; whereas, in view of the currency aid action of 15 000 metric tons of common wheat . situation in the Member States and in order to ensure that the tenders are as comparable as possible, account 2. The tendering procedure shall take place in should be taken of the effect on each tender of the France in one lot. The product shall be mobilized on currency situation in the Member State in which the the Community market. The product shall be loaded customs export formalities will be completed ; for the departure from any Community port .

Whereas the award under the invitation to tender 3 . The common wheat is to be loaded fob, in bulk must be made in favour of the tenderer offering the by the tenderer. best terms ;

Article 2 Whereas, should force majeure make it impossible to complete the operation in question within the set time limits , it should be made clear who is to bear the 1 . The decision on tenders received in response to liability for any result ' ng costs ; the invitation provided for in Article 1 shall be taken on 2 May 1975 . Whereas provision should be made for security to be 2. The closing date for submission of tenders shall given to guarantee fulfilment of the obligations arising be 2 May 1975 at 12 noon . (•) 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 / 12 19 . 4 . 75 Official Journal of the European Communities

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

Article 7 The monetary compensatory amount shall, where appropriate, be converted into the currency of the Member State in which the invitation to tender is 1 . The French intervention agency shall be respon­ sible for organizing the invitation to tender provided issued using : for by this Regulation . — in the case when the currencies concerned are kept at any given moment within a band of 2 . It shall forthwith communicate to the Commis­ 2-25 % , a conversion rate resulting from their sion the list of firms which have responded to the invi­ central rate, tation to tender, specifying the terms of each tender, — in the other cases, the average of the spot rates of together with the name and business name of the the currencies concerned recorded in the Member successful tenderer . State in which the invitation to tender is issued 3 . Where the customs export formalities for the during a period from the Wednesday of one week mobilized product are completed in a Member State to the Tuesday of the following week being the other than that in which the invitation to tender is period immediately preceding the closing date for issued, the intervention agency of the latter Member submission of tenders . State shall be responsible for the operations following tendering, including payment to the successful Article 4 tenderer .

The contract shall be awarded to the tenderer offering In such case, the intervention agency choosing the the best terms, taking into consideration the adjust­ successful tenderer shall immediately inform the inter­ ment referred to in Article 3 (3). vention agency of the Member State concerned and shall supply it with all the information which it may However, if the tenders submitted do not appear to require . reflect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. Furthermore, the amount of the successful tender shall be paid after it has been converted using the Article 5 average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the 1 . The tenderer shall give security in an amount of currency of the Member State in which the operations five units of account per metric ton of goods . relating to the tendering are completed .

19 . 4 . 75 Official Journal of the European Communities No L 98 / 13

4. The intervention agency shall request the 5 . When the intervention agency responsible for successful tenderer to supply the following informa­ the operations relating to tendering is not the interven­ tion : tion agency which appoints the successful tenderer, it shall send as soon as possible to the latter the informa­ (a) after each shipment a certificate showing the quan­ tion necessary for releasing the security. tities dispatched and the quality of the products ; (b) the date of departure of the vessels. Article 8

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 diately upon receipt. Communities.

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