31975R1260

17 . 5 . 75 Official Journal of the European Communities No L 126/ 15

REGULATION ( EEC) No 1260 / 75 OF THE COMMISSION of 16 May 1975 opening an invitation to tender for the mobilization of common wheat as food aid for the Cape Verde Islands

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 tion to tender will be fulfilled ; Having regard to the Treaty establishing the European Economic Community ; Whereas the French invitation 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 (2) ; of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to Council Regulation (EEC) No 1 693/72 (3) of 3 August 1972 laying down the condi­ Whereas the Monetary Committee will be consulted ; tions for the mobilization of cereals as food aid, and whereas, in view of the urgency, the measures envis­ in particular Article 6 thereof ; aged should be adopted in accordance with the condi­ tions laid down in Article 3 (2) of Council Regulation Whereas on 26 March 1975 the Council of the Euro­ No 129 (4 ) 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 nity action it proposed to grant the Cape Verde common agricultural policy, as last amended by Regu­ Islands 2 000 metric tons of common wheat under its lation ( EEC) No 2543/73 (5), and in particular Article 1974/ 75 food-aid programme ; 3 thereof ;

Whereas purusant 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 anywhere on the Community market ; ment Committee for Cereals,

Whereas the proposed invitation to tender should be for supply of the products delivered cif, that is at the HAS ADOPTED THIS REGULATION : moment when the goods are actually removed from the ship's hold at the port of unloading ; 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 Cape Verde Islands by way of Community food-aid those Member States ; whereas , in view of the currency action of 2 000 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 invitation to tender provided for in para­ must be made in favour of the tenderer offering the graph 1 is for supply of products delivered cif, that is best terms ; at the moment when the goods are actually removed from the ship's hold at the port of unloading. Whereas, should fora majeure make it impossible to complete the operation in question within the set 4 . The successful tenderer shall deliver the product time limits, it should be made clear who is to bear the specified in paragraph 1 cif to the port of Porto liability for any resulting costs ; Grande in new jute sacks of a net capacity of 50 kilo­ grammes . (') 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 126/ 16 17 . 5 . 75 Official Journal of the European Communities

The following shall be printed on the sacks : However, if the tenders submitted do not appear to ' FERMENTO — DOM DA COMUNIDADE * reflect normal market prices and costs, the interven­ ECONOMICA EUROPEIA AS ILHAS DE CAPO tion agency may cancel the invitation to tender. VERDE — DISTRIBUICAO GRATUITA'. Article 5 Article 2 1 . The tenderer shall give security in an amount of 1 . The decision on tenders received in response to five units of account per metric ton of goods. the invitation provided for in Article 1 shall be taken on 30 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 30 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 quantities 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 instiution conforming to export formalities for the products concerned . criteria laid down by each Member State . 3 . For the purpose of rendering the tenders compar­ able, the prices shall , where appropriate, be corrected Article 6 by the monetary compensatory amount and the acces­ The common wheat referred to in Article 1 must be sion compensatory amount applicable on the closing date for submission of tenders to exports from the of fair and sound merchantable quality and corres­ Member State mentioned in the tender pursuant to pond at least to the standard quality for which the paragraph 2 . intervention price is fixed, except that the moisture content shall not exceed 15-5 % and that a maximum Such correction shall be made by : of 3 % of sprouted grains and 1 -5 % of miscellaneous — increasing prices which mention a Member State impurities 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 sible for organizing the invitation to tender provided The monetary compensatory amount shall , where for by this Regulation . appropriate, be converted into the currency of the Member State in which the invitation to tender is 2 . It shall forthwith 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 , 3 . Where the customs export formalities for the — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member mobilized product are completed in a Member State other than that in which the invitation to tender is State in which the invitation to tender is issued issued , the intervention agency of the latter Member during a period from the Wednesday of one week State shall be responsible for the operations following to the Tuesday of the following week being the tendering, including payment to the successful period immediately preceding the closing date for tenderer . submission of tenders . 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 .

17 . 5 . 75 Official Journal of the European Communities No L 126/ 17

Furthermore , the amount of the successful tender The information indicated above shall be forwarded shall be paid after it has been converted using the by the intervention agency to the Commission imme­ average of the spot rates referred to in the second diately upon receipt. subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations $ . When the intervention agency responsible for relating to the tendering are completed . the operations relating to tendering is not the interven­ tion agency which appoints the successful tenderer, it 4. The intervention agency shall request the shall send as soon as possible to the latter the informa­ successful tenderer to supply the following informa­ tion necessary for releasing the security. tion : (a) after each shipment a certificate showing the quan­ Article 8 tities dispatched and the quality of the products ; (b) the date of departure of the ships ; This Regulation shall enter into force on the day of its (c) all possible contingencies which might occur publication in the Official Journal of the European Communities. ' during transportation of the products .

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

Done at Brussels , 16 May 197.5 .

For the Commission

P.J. LARDINOIS Member of the Commission