31975R2012

No L 204/ 8 2. 8 . 75 Official Journal of the European Communities

REGULATION ( EEC) No 2012/75 OF THE COMMISSION of 1 August 1975 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Turkey

THE COMMISSION OF THE EUROPEAN Whereas the French intervention agency should be COMMUNITIES, made responsible for the tendering procedure in ques­ tion ; Having regard to the Treaty establishing the European Economic Community ; Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to Council Regulation No 120/ and of those accepted by the intervention agency ; 67/EEC ( 1 ) of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ lation (EEC) No 665/75 (2) ; Whereas the Monetary Committee will be consulted ; whereas, in view of the urgency, the measures envis­ Having regard to Council Regulation (EEC) No aged should be adopted in accordance with the condi­ 1 693/72 (3) of 3 August 1972 laying down the condi­ tions laid down in Article 3 (2) of Council Regulation tions for the mobilization of cereals as food aid, and No 129 (4) on the value of the unit of account and the in particular Article 6 thereof ; exchange rates to be applied for the purposes of the common agricultural policy, as last amended by Regu­ Whereas on 21 March 1974 the Council of the Euro­ lation (EEC) No 2543/73 (5), and in particular Article pean Communities declared that by way of Commu­ 3 thereof ; nity action it proposed „ to grant the Republic of Turkey 5 000 metric tons of common wheat under its Whereas the measures provided for in this Regulation 1973/74 food-aid programme ; 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 ;

Whereas tenders should be invited for the supply of HAS ADOPTED THIS REGULATION : the product to the port of shipment in the vicinity of the vessel, the goods to be set down at the place nomi­ nated by the recipient 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 Republic of those Member States ; whereas, in view of the currency Turkey, of 5 000 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 the should be taken of the effect on each tender of the Republic of France in one lot. currency situation in the Member State in which the customs export formalities will be completed ; 3 . The product 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 Whereas provision should be made for security to be vicinity of the vessel . The goods must be set down at given to guarantee fulfilment of the obligations arising the place nominated by the recipient country or its by virtue of participation in the invitation to tender ; 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. (') 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 .

2 . 8 . 75 No L 204/9 Official Journal of the European Communities

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 5 units of account per metric ton of goods. on 20 August 1975 .

It shall be released : 2. The closing date for the receipt of tenders shall be 20 August 1975 at 12 noon . — in the case of all tenderers whose tenders are insuc­ 3 . The notice of invitation to tender shall be cessful 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 criteria laid down by each Member State . 3 . For the purpose of rendering the tenders compar­ 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 The common wheat referred to in Article 1 to be Member State mentioned in the tender pursuant to supplied to the Republic of Turkey must be of fair paragraph 2. and sound merchantable quality and correspond at Such correction shall be made by : least to the standard quality for which the interven­ tion price is fixed, except that the moisture content — increasing prices which mention a Member State shall not exceed 1 5-5 % and that a maximum of 3 % whose currency has depreciated or a new Member State, of sprouted grains and 1 -5 % of miscellaneous impuri­ ties shall be allowed . — reducing prices which mention a Member State 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 issued using : sible for operations relating to the invitation to tender provided 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 during a period from the Wednesday of one week 3 . Where the customs export formalities for the to the Tuesday of the following week being the mobilized product are completed in a Member State period immediately preceding the closing date for other than that in which the invitation to tender is submission of tenders . issued, the intervention agency of the latter Member State shall be responsible for the operations following Article 4 tendering, including payment to the successful tenderer. The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ In such case , the intervention agency choosing the ment referred to in Article 3(3). successful tenderer shall immediately inform the inter­ However, if the tenders submitted do not appear to vention agency of the Member State concerned and reflect normal market prices and costs, the interven­ shall supply it with all the information which it may tion agency may cancel the invitation to tender. require .

No L 204/ 10 2. 8 . 75 Official Journal of the European Communities

Furthermore, the amount of the successful tender tion agency which appoints the successful tenderer, it shall be paid after it has been converted using the shall send as soon as possible to the latter the informa­ average of the spot rates referred to in the second tion necessary for releasing the security. subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations Article 8 relating to the tendering are completed. On delivery of the goods at the port of shipment, a 4. The intervention agency shall request the handing-over certificate shall be supplied to the successful tenderer to supply the following informa­ tion : successful tenderer acting as agent for the Commu­ nity, by the agent of the recipient country or, in the (a) after each shipment a certificate showing the quan­ absence of the latter, by the intervention agency of the tities dispatched and the quality of the products ; Member State in whose territory the port of shipment (b) the date of departure of the vessels. is situated .

The information indicated above shall be forwarded Article 9 by the intervention agency to the Commission imme­ diately upon receipt. This Regulation shall enter into force on the day of its 5. When the intervention agency responsible for publication in the Official Journal of the European Communities. the operations relating to tendering is not the interven­

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

Done at Brussels, 1 August 1975.

For the Commission

P.J. LARDINOIS

Member of the Commission