31975R1165

No L 116 / 8 6 . 5 . 7.5 Official Journal of the European Communities

REGULATION ( EEC ) No 1165 / 75 OF THE COMMISSION of 5 May 1975 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of India

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

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 (-) ; 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 (•') 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 Wliceas on 3 March 1975 the Council of the Euro­ No 129 ( 4 ) on the value of the unit of account and the exchange rates to be applied for the purposes of the pean Communities declared that by way of Commu­ common agricultural policy , as last amended by Regu­ nity action it proposed to grant the Republic of India 13 000 metric tons of common wheat under the lation ( EEC) No 2543 / 73 ( 5 ), and in particular Article 3 thereof ; 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 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 or its agent ;

Whereas tenders may be submitted by tenderers esta­ Artich 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 , by those Member States ; whereas , in view of the currency way of Community food-aid action , to the Republic of situation in the Member States and in order to ensure India of 13 000 metric tons of 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 one lot . customs export formalities will be completed ; 3 . The product shall be mobilized on the Commu­ Whereas the award under the invitation to tender nity market . must be made in favour of the tenderer offering the best terms ; 4 . Loading shall take place for shipment from Rouen or Nantes . Whereas , should fora nnijcurc make it impossible to complete the operation in question within the set time limits , it should be made clear who is to bear the 5 . The product referred to in paragraph I is to be liability for any resulting costs ; delivered bulk to the port of shipment in the vicinity of the vessel . I'he goods must be set down at the place Whereas provision should be made for security to be nominated by the recipient country or its agent , the given to guarantee fulfilment of the obligations arising timing ot delivery being settled by the tenderer and the recipient country 's agent . (') O | No 117 , 19 . 6 . 1967 , p. 2269 / 67 . (-') Oj No L 72, 20 . 1 97 S, p. 14. (•) OJ No 106 . SO . I - Ì ! <- 2 , p . 25 53 / 62 . ( ; ) OJ No L 1 78 , v N. 1972 , p. S. H Oj No L 2M , l Ci ■' p . I.

6 . 5 . 75 Official Journal of the European Communities No L 116/ 9

Article2¶

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 1 6 May 1 975 . It shall be released : 2. The closing date for submission of tenders shall — in the case of all tenderers whose tenders are be 16 May 1975 at 12 noon . unsuccessful or are not accepted ; 3 . The notice of invitation to tender shall be — in the case of the successful tenderer, when the published in the Official Journal of the European operations concerned have been carried out within Communities not less than nine days before the the prescribed time limit and on submission of closing date for submission of tenders . the original export licence duly granted and endorsed by the competent authorities of the Article 3 Member State mentioned in the tender pursuant to Article 3 (2) ; 1 . The prices offered must be expressed in the currency of the Member State in which the invitation — in the case of the successful tenderer for quantites to tender was issued . not supplied by reason of force majeure.

2. Tenders must in particular mention the Member 2 . The security required under paragraph 1 may be State in which the tenderer, in the event of his being provided in the form of a cash deposit or of a declared successful , expects to complete the customs guarantee issued by a credit institution conforming to export formalities for the products concerned . criteria laid down by each Member State .

3 . For the purpose of rendering the tenders compar­ Article 6 able, the prices shall , where appropriate , be corrected by the monetary compensatory amount and the acces­ The common wheat referred to in Article 1 to be sion compensatory amount applicable on the closing supplied to the Republic of India must be of fair and date for submission of tenders to exports from the sound merchantable quality and correspond at least to Member State mentioned in the tender pursuant to the standard quality for which the intervention price paragraph 2 . is fixed , except that the humidity shall not exceed Such correction shall be made by : 14-5% and that a maximum tolerance of 3% of sprouted grains and 1-5% of miscellaneous impuri­ — increasing prices which mention a Member State ties shall be allowed . whose currency has depreciated or a new Member State ; Article 7 — reducing prices which mention a Member State whose currency has been revalued . 1 . The French intervention agency shall be respon­ The monetary compensatory amount shall , where sible for operations relating to the invitation to tender appropriate, be converted into the currency of the provided for by this Regulation . Member State in which the invitation to tender is 2 . It shall fortwith communicate to the Commis­ issued using : sion the list of firms which have responded to the invi­ — in the case when the currencies concerned are tation to tender, specifying the terms of each tender, kept at any given moment within a band of together with the . name and business name of the 2-25 % , a conversion rate resulting from their successful tenderer . central rate ; — in the other cases, the average of the spot rates of 3 . Where the customs export formalities for the the currencies concerned recorded in the Member mobilized product are completed in a Member State State in which the invitation to tender is issued other than that in which the invitation to tender is during a period from the Wednesday of one week issued , the intervention agency of the latter Member to the Tuesday of the following week being the State shall be responsible for the operations following period immediately preceding the closing date for tendering, including payment to the successful submission of tenders . tenderer .

In such case , the intervention agency choosing the Article 4 successful tenderer shall immediately ' inform the inter­ The contract shall be awarded to the tenderer offering vention agency of the Member State concerned and the best terms , taking into consideration the adjust­ shall supply it with all the information which it may ment referred to in Article 3 ( 3 ). require .

Furthermore , the amount of the successful tender, However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ shall be paid after it has been converted using the tion agency may cancel the invitation to tender . average of the spot n\tes referred to in the second

No L 116/ 10 Official Journal of the European Communities 6 . 5 . 75

subparagraph of Article 3 (3) to the tenderer in the shall send as soon as possible to the latter the informa­ currency of the Member State in which the operations tion necessary for releasing the security. relating to the tendering are completed . Article 8 4. The intervention agency shall request the successful tenderer to supply the following informa­ On delivery of the goods at the port of shipment, a tion : handing-over certificate shall be supplied to the (a) after each shipment a certificate showing the quan­ successful tenderer acting as agent for the Commu­ tities dispatched and the quality of the products ; nity, by the agent of the recipient country or, in the absence of the latter, by the intervention agency of the (b) the date of departure of the vessels . Member State in whose territory the port of shipment The information indicated above shall be forwarded is situated . by the intervention agency to the Commission imme­ Article 9 diately upon receipt .

5 . When the intervention agency responsible for This Regulation shall enter into force on the day of its the operations relating to tendering is not the interven­ publication in the Official Journal of the European tion agency which appoints the successful tenderer, it Com in unities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 5 May 1 975 .

For the Commission

P.J. LARDINOIS Member of the Commission