31975R2013

2 . 8 . 75 Official Journal of the European Communities No L 204/ 11

REGULATION ( EEC) No 2013/75 OF THE COMMISSION of 1 August 1975 opening an invitation to tender for the mobilization of common wheat and maize as food aid for the World Food Programme

THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES, given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender for the supply of. wheat to the WFP ; Having regard to the Treaty establishing the European Economic Community ; Whereas the French intervention agency should be made responsible for the tendering procedure in ques­ Having regard to Council Regulation No 120/ tion ; 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 Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to Council Regulation (EEC) No and of those accepted by the intervention agency ; 1 693/72 (3) of 3 August 1972 laying down the condi­ tions for the mobilization of cereals as food aid, and Whereas the Monetary Committee will be consulted ; in particular Article 6 thereof ; whereas, in view of the urgency, the measures envis­ aged should be adopted in accordance with the condi­ Whereas on 21 March 1974 the Council of the Euro­ tions laid down in Article 3 (2) of Council Regulation pean Communities declared that by way of Commu­ No 129 (4) on the value of the unit of account and the nity action it proposed to grant the World Food exchange rates to be applied for the purposes of the common agricultural policy, as last ametided by Regu­ Programme (WFP) 27 000 metric tons of cereals under its 1973 /74 food-aid programme ; lation (EEC) No 2543/73 (5), and in particular Article 3 thereof ; Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 1693/72 the goods may be purchased Whereas the measures provided for in this Regulation anywhere on the Community market ; are in accordance with the Opinion of the Manage­ ment Committee for Cereals, Whereas tenders should be invited for the supply of 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 ; HAS ADOPTED THIS REGULATION :

Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and Article 1 may relate to products mobilized anywhere within those Member States ; whereas, in view of the currency 1 . Tenders are hereby invited for the supply to the situation in the Member States and in order to ensure World Food Programme by way . of Community food­ that the tenders are as comparable as possible, account aid action of : should be taken of the effect on each tender of the currency situation in the Member State in which the — 3 000 metric tons of maize for Guinea Bissau (Lot customs export formalities will be completed ; No 1 ) Whereas the award under the invitation to tender — 2 740 metric tons of maize for the Cape Verde Islands ( Lot No 2) must be made in favour of the tenderer offering the best terms ; — 2 400 metric tons of soft wheat for Afghanistan ( Lot No 3) Whereas, should force majeure make it impossible to — 1 5 000 metric tons of soft wheat for Pakistan ( Lot complete the operation in question within the set No 4) time limits, it should be made clear who is to bear the — 3 860 metric tons of soft wheat for Sudan ( Lot No liability for any resulting costs ; S) (') 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 . (s ) OJ No L 263 , 19 . 9 . 1973 , p . 1 .

No L 204/ 12 Official Journal of the European Communities 2 . 8 . 75

2. The tendering procedure shall take place in The monetary compensatory amount shall, where France in five lots. The product shall be mobilized on appropriate, be converted into the currency of the the Community market. The product shall be loaded Member State in which the invitation to tender is for departure from any Community port. issued using :

— in, the case when the currencies concerned are 3 . The common wheat is to be delivered in bulk, kept at any given moment within a band of whereas the maize is to be delivered in new jute sacks 2-25 % , a conversion rate resulting from their of a net capacity of 50 kg to the port of shipment in central rate, the vicinity of the vessel . The goods must be set down at the place nominated by the recipient country or its — in the other cases, the average of the spot rates of agent, the timing of delivery being settled by the the currencies concerned recorded in the Member tenderer and the recipient country's agent. State in which the invitation to tender is issued during a period from the Wednesday of one week 4. The following shall be printed on the sacks : to the Tuesday of the following week being the period immediately preceding the closing date for Lot No 1 '2225/q — Maïs — Bissau — Action du submission of tenders . Programme Alimentaire Mondial — Don de la Communauté économique européenne, Article 4 Lot No 2 '2185/q-2186/q — Maïs — Mindelo — Action du Programme Alimentaire Mondial — Don The contract shall be awarded to the tenderer offering de la Communauté économique européenne' the best terms, taking into consideration the adjust­ ment referred to in Article 3 (3). Article 2 However, if the tenders submitted do not appear io 1 . The decision on tenders received in response to reflect normal market prices and costs, the interven­ the invitation provided for in Article 1 shall be taken tion agency may cancel the invitation to tender. on 20 August 1975.

Article 5 2. The closing date for submission of tenders shall be 20 August 1975 at 12 noon . 1 . The tenderer shall give security in an amount of 3 . The notice of invitation to tender shall be five units of account per metric ton of goods. published in the Official Journal of the European It shall be released : Communities, not less than nine days before the closing date for submission of tenders . — in the case of all tenderers whose tenders are unsuccessful or are not accepted, Article 3 — in the case of the successful tenderer, when the operations concerned have been carried out within 1 . The prices offered must be expressed in the the prescribed time limit and on submission of currency of the Member State in which the invitation the original export licence duly granted and to tender was issued . endorsed by the competent authorities of the Member State mentioned in the tender pursuant 2. Tenders must in particular mention the Member to Article 3 (2), State in which the tenderer, in the event of his being — in the case of the successful tenderer for quantities declared successful, expects to complete the customs not supplied by reason of force majeure. export formalities for the products concerned . 2. The security required under paragraph 1 may be 3 . For the purpose of rendering the tenders compar­ provided in the form of a cash deposit or of a able, the prices shall, where appropriate, be corrected guarantee issued by a credit institution conforming to by the monetary compensatory amount and the acces­ criteria laid down by each Member State . sion compensatory amount applicable on the closing date for submission of tenders to exports from the A rticle 6 Member State mentioned in the tender pursuant to paragraph 2. 1 . The common wheat referred to in Article 1 to be Such correction shall be made by : supplied to the WFP must be of fair and sound merchantable quality and correspond at least to the — increasing prices which mention a Member State standard quality for which the intervention price is whose currency has depreciated or a new Member fixed, except that the moisture content shall not State , exceed 1 5-5 % and that a maximum of 3 % of — reducing prices which mention a Member State sprouted grains and 1-5% of miscellaneous impuri­ whose currency has been revalued . ties shall be allowed .

2. 8 . 75 No L 204/ 13 Official Journal of the European Communities

2 .. The maize referred to in Article 1 which is to be Furthermore, the amount of the successful tender supplied to the WFP must be of fair and sound shall be paid after it has been converted using the "merchantable quality, be free from odour, and corres­ average of the spot rates referred to in the second pond at least to the standard quality for which the subparagraph of Article 3 (3) to the tenderer in the intervention price is fixed. 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 tion : sible for organizing the invitation to tender provided 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, together with the name and business name of the The information indicated above shall be forwarded successful tenderer. by the intervention agency to the Commission imme­ diately upon receipt. 3 . Where the customs export formalities for the mobilized product are completed in a Member State 5. When the intervention agency responsible for other than that in which the invitation to tender is the operations relating to tendering is not the interven­ issued, the intervention agency of the latter Member tion agency which appoints the successful tenderer, it State shall be responsible for the operations following shall send as soon as possible to the latter the informa­ tendering, including payment to the successful tion necessary for releasing the security. tenderer.

In such case, the intervention agency choosing the Article 8 successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and This Regulation shall enter into force on the day of its shall supply it with all the information which it may publication in the Official Journal of the European require . Communities.

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