31975R2248

.30 . 8 . 75 Official Journal of the European Communities . No L 229/67

REGULATION ( EEC) No 2248 / 75 OF THE COMMISSION of 29 August 1975 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Sudan

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 (') 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 69.3 / 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 3 March 1975 the Council of the Euro­ lation (EEC) No 2.543 /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 Sudan 5 000 metric tons of common wheat under its Whereas the measures provided for in this Regulation 1 974 / 75 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 Sudan 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 Mediterranean 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 . 255.3 / 62 . ( } ) OJ No L 178 , 5 . 8 . 1972, p . .3 . (5 ) 0 | No L 26.3 , 19 . 9 . 197.3 , p. 1 .

No L 229 / 68 30 . 8 . 75 Official Journal of the European Communities

Article 2 However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ 1 . The decision on tenders received in response to tion agency may cancel the invitation to tender. the invitation provided for in Article 1 shall be taken on 12 September 1975 . Article 5 2 . The closing date for the receipt of tenders shall be 12 September 1975 at 12 noon . If the tenderer is unable to deliver the goods in compliance with Article 1 (5) on the date given in the 3 . The notice of invitation to tender shall be notice of invitation to tender as a result of the late published in the Official Journal of the European availability of the vessels to be used for sea transporta­ Communities not less than nine days before the tion , the resulting costs shall be borne by the interven­ closing date for submission of tenders . tion agency .

Article 3 Article 6 1 . The prices offered must be expressed in the 1 . The tenderer shall give security in an amount of currency of the Member State in which the invitation to tender was issued . 5 units of account per metric ton of goods .

It shall be released : 2. Tenders must in particular mention the Member State in which the tenderer, in the event of his being — in the case of all tenderers whose tenders are declared successful , expects to complete the customs unsuccessful or are not accepted , export formalities for the products concerned . — in the case of the successful tenderer, when the 3 . For the purpose of rendering the tenders compar­ operations concerned have been carried out within able , the prices shall , where appropriate, be corrected the prescribed time limit and on submission of by the monetary compensatory amount and the acces­ the original export licence duly granted and sion compensatory amount applicable on the closing endorsed by the competent authorities of the date for submission of tenders to exports from the Member State mentioned in the tender pursuant Member State mentioned in the tender pursuant to to Article 3 ( 2), paragraph 2 . — in the case of the successful tenderer for quantities not supplied by reason of force majeure. Such correction shall be made by : — increasing prices which mention a Member State 2. The security required under paragraph 1 may be whose currency has depreciated or a new Member provided in the form of a cash deposit or of a State , guarantee issued by a credit institution conforming to criteria laid down by each Member State . — 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 The common wheat referred to in Article 1 to be Member State in which the invitation to tender is supplied to the Republic of Sudan must be of fair and issued using : sound merchantable quality and correspond at least to — in the case when the currencies concerned are the standard quality for which the intervention price kept at any given moment within a band of is fixed , except that the moisture content shall not 2 25 % , a conversion rate resulting from their exceed 1 5-5 % and that a maximum of 3 % of central rate , sprouted grains and 1-5% of miscellaneous impuri­ ties shall be allowed . — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member State in which the invitation to tender is issued Article 8 during a period from the Wednesday of one week to the Tuesday of the following week being the 1 . The French intervention agency shall be respon­ period immediately preceding the closing date for sible for operations relating to the invitation to tender submission of tenders . provided for by this Regulation .

Article 4 2 . It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ The contract shall be awarded to the tenderer offering tation to tender, specifying the terms of each tender, the best terms, taking into consideration the adjust­ together with the name and business name of the successful tenderer . ment referred to in Article 3 (3 ).

30 . 8 . 75 Official Journal of the European Communities No L 229 / 69

3 . Where the customs export formalities for the (b) the date of departure of the vessels . mobilized product are completed in a Member State The information indicated above shall be forwarded other than that in which the invitation to tender is by the intervention agency to the Commission imme­ issued , the intervention agency of the latter Member diately upon receipt . State shall be responsible for the operations following tendering, including payment to the successful 5 . When the intervention agency responsible for tenderer . the operations relating to tendering is not the interven­ tion agency which appoints the successful tenderer, it In such case, the intervention agency choosing the shall send as soon as possible to the latter the informa­ successful tenderer shall immediately inform the inter­ tion necessary for releasing the security . vention agency of the Member State concerned and shall supply it with all the information which it may Article 9 require . On delivery of the goods at the port of shipment, a Furthermore , the amount of the successful tender handing-over certificate shall be supplied to the shall be paid after it has been converted using the successful tenderer acting as agent for the Commu­ average of the spot rates referred to in the second nity, by the agent of the recipient country or, in the subparagraph of Article 3 (3) to the tenderer in the absence of the latter, by the intervention agency of the currency of the Member State in which the operations Member State in whose territory the port of shipment relating to the tendering are completed . is situated .

4. The intervention agency shall request the Article 10 successful tenderer to supply the following informa­ tion : This Regulation shall enter into force on the day of its (a) after each shipment a certificate showing the quan­ publication in the Official Journal of the European tities dispatched and the quality of the products ; Communities.

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

Done at Brussels, 29 August 1975 .

For the Commission

P.J. LARDINOIS Member of the Commission