31975R2290

No L 235/ 12 6 . 9 . 75 Official Journal of the European Communities

REGULATION (EEC) No 2290/75 OF THE COMMISSION of 5 September 1975 opening an invitation to tender for the mobilization of common wheat, flour of common wheat and sorghum 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/ EECC ) 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 envisaged 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 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 3 March 1975 the Council of the Euro­ tions laid down in Article 3 (2) of Council Regulation No 129 (4) on the value of the unit of account and the pean Communities declared that by way of Commu­ nity action it proposed to grant the World Food exchange rates to be applied for the purposes of the Programme (WFP) 40 000 metric tons of cereals under common agricultural policy, as last amended by Regu­ its 1 974/75 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 — 500 metric tons of flour of common wheat for customs export formalities will be completed ; Yemen (lot No 1 ). Whereas the award under the invitation to tender — 1 570 metric tons of sorghum for Senegal (lot No 2), must be made in favour of the tenderer offering the best terms ; — 20 000 metric tons of common wheat for India (lot No 3), Whereas, should force majeure make it impossible to — 2 000 metric tons of common wheat for Sudan (lot complete the operation in question within the set No 4), time limits, it should be made clear who is to bear the — 1 200 metric tons of common wheat for Ethiopia < liability for any resulting costs ; (lot No 5). ( (') OJ No 117, 19 . 6. 1967, p. 2269/67. (l \ OJ No L 72, 20 . 3 . 1975, p. 14. (4 ) OJ No 106, 30 . 10 . 1962, p . 2553/62. (3j OJ No L 178, 5. 8 . 1972, p. 3. (5 ) OJ No L 263, 19 . 9 . 1973 , p. 1 .

6 . 9 . 75 Official Journal of the European Communities No L 235 / 13

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 :

3 . The common wheat is to be delivered in bulk, — in the case when the currencies concerned are whereas the sorghum is to be delivered in new jute kept at any given moment within a band of sacks and the flour in new cotton sacks of a net 2-25 % , a conversion rate resulting from their central rate , capacity of 50 kg to the port of shipment in the vicinity of the vessel . The goods must be set down at — in the other cases, the average of the spot rates of the place nominated by the recipient country or its the currencies concerned recorded in the Member agent, the timing of delivery being settled by the State in which the invitation to tender is issued tenderer and the recipient country's agent. during a period from the Wednesday of one week to the Tuesday of the following week being the 4. The following shall be printed on the sacks : period immediately preceding the closing date for Lot No 1 : 'Wheat flour — Hodeidah — gift of the submission of tenders . European Economic Community to the World Food Programme'. Article 4 Lot No 2 : 'Sorgho — Dakar — don de la Commu­ nauté économique européenne au programme alimen­ taire mondial '. The contract shall be awarded to the tenderer offering 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 to 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 19 September 1975 .

2. The closing date for submission of tenders shall Article 5 be 1 9 September 1 975 at 1 2 noon . If the tenderer is unable to deliver the goods in 3 . The notice of invitation to tender shall be compliance with Article 1 (3) on the date given in the published in the Official Journal of the European notice of invitation to tender as a result of the late Communities, not less than nine days before the availability of the vessels to be used for sea transporta­ closing date for submission of tenders . tion, the resulting costs shall be borne by the interven­ tion agency . Article 3

1 . The prices offered must be expressed in the Article 6 currency of the Member State in which the invitation to tender was issued . 1 . The tenderer shall give security in an amount of five units of account per metric ton of goods . 2 . Tenders must in particular mention the Member State in which the tenderer, in the event of his being It shall be released : declared successful , expects to complete the customs — in the case of all tenderers whose tenders are export formalities for the products concerned . unsuccessful or are not accepted, 3 . For the purpose of rendering the tenders compar­ — in the case of the successful tenderer, when the able, the prices shall, where appropriate, be corrected operations concerned have been carried out within by the monetary compensatory amount and the acces­ the prescribed time limit and on submission of sion compensatory amount applicable on the closing the original export licence duly granted and date for submission of tenders to exports from the endorsed by the competent authorities of the Member State mentioned in the tender pursuant to Member State mentioned in the tender pursuant paragraph 2 . to Article 3 ( 2), Such correction shall be made by : — in the case of the successful tenderer for quantities not supplied by reason of force majeure. ■ — increasing prices which mention a Member State whose currency has depreciated or a new Member 2 . The security required under paragraph 1 may be State , provided in the form of a cash deposit or of a — reducing prices which mention a Member State guarantee issued by a credit institution conforming to whose currency has been revalued . criteria laid down by each Member State .

No L 235 / 14 Official Journal of the European Communities 6 . 9 . 75

Article 7 other than that in which the invitation to tender is issued, the intervention agency of the latter Member 1 . The common wheat referred to in Article 1 to be State shall be responsible for the operations following supplied to the WFP must be of fair and sound tendering, including payment to the successful merchantable quality and correspond at least to the tenderer. standard quality for which the intervention price is fixed, except that the moisture content shall not In such case, the intervention agency choosing the exceed 1 5-5 % and that a maximum of 3 % of successful tenderer shall immediately inform the inter­ sprouted grains and 1-5% of miscellaneous impuri­ vention agency of the Member State concerned and ties shall be allowed . shall supply it with all the information which it may require . 2 . The sorghum referred to in Article 1 which is to be supplied to the WFP must be of fair and sound Furthermore , the amount of the successful tender merchantable quality and be free from odour. shall be paid after it has been converted using the average of the spot rates referred to in the second 3 . The common wheat flour referred to in Article 1 subparagraph of Article 3 (3) to the tenderer in the to be supplied to the WFP must meet the following currency of the Member State in which the operations requirements : relating to the tendering are completed . — moisture : 14% maximum , 4 . The intervention agency shall request the — protein content : 10-5% minimum (N x 6-25 on successful tenderer to supply the following informa­ dry matter), tion : — ash content : 0 52 % maximum referrred to dry (a) after each shipment a certificate showing the quan­ matter . tities dispatched and the quality of the products ; Flour not meeting these requirements shall be (b) the date of departure of the vessels. refused . The information indicated above shall be forwarded by the intervention agency to the Commission imme­ Article 8 diately upon receipt. 1 . The French intervention agency shall be respon­ 5 . When the intervention agency responsible for sible for organizing the invitation to tender provided the operations relating to tendering is not the interven­ for by this Regulation . tion agency which appoints the successful tenderer, it 2 . It shall forthwith communicate to the Commis­ shall send as soon as possible to the latter the informa­ sion the list of firms which have responded to the invi­ tion necessary for releasing the security. tation to tender, specifying the terms of each tender, together with the name and business name of the Article 9 successful tenderer . This Regulation shall enter into force on the day of its 3 . Where the customs export formalities for the publication in the Official Journal of the European Communities. mobilized product are completed in a Member State

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

Done at Brussels, 5 September 1975 .

For the Commission

P.J. LARDINOIS Aiember of the Commission