31975R2399

20 . 9 . 75 No L 246 / 25 Official Journal of the European Communities

REGULATION ( EEC ) No 2399/ 75 OF THE COMMISSION of 19 September 1975 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Sri Lanka

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/ 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 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 J 693 /72 (■') 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 1974 the Council of the Euro­ lation ( EEC) No 2543/ 73 ('), and in particular Article pean Communities declared that by way of Commu­ 3 thereof ; nity action it proposed to grant the Republic of Sri Lanka 20 000 metric tons of common wheat under its Whereas the measures provided for in this Regulation 1974/75 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 ; Arlii /c 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 Sri Lanka , of 20 000 metric tons of common wheat . situation in the Member States and in order to ensure that the tenders are as comparable as possible, account should be taken of the effect on each tender of the 2 . The tendering procedure shall take place in 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 port of the Community . font nnijcnrc 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 (-) 0*| No L 72, 20 . 3 . 1975, p. 14. (■*) OJ No 106 , 30 . 10 . 1962, p . 2553 /62 . (■'•) O'j No L 1 78 , 5. 8 . 1972, p. 3 . (5 ) OJ No L. 263 , 19 . 9 . 1973 , p . I.

No L 246 / 26 Official Journal of the European Communities 20 . 9 . 75

Article2¶

1 . The decision on tenders received in response to If the tenderer is unable to deliver the goods in the invitation provided for in Article 1 shall be taken compliance with Article 1 (5) on the date given in the on 3 October 1975 . notice of invitation to tender as a result of the late availability of the vessels to be used for sea transporta­ 2 . The closing date for the receipt of tenders shall be 3 October 1975 at 12 noon . tion , the resulting costs shall be borne by the interven­ tion agency . 3 . The notice of invitation to tender shall be published in the Official Journal of the European Article 6 Communities not less than nine days before the closing date for submission of tenders. 1 . The tenderer shall give security in an amount of 5 units ' of account per metric ton of goods . Article 3 It shall be released : 1 . The prices offered must be expressed in the — in the case of all tenderers whose tenders are currency of the Member State in which the invitation to tender was issued . unsuccessful or are not accepted , — in the case of the successful tenderer, when the 2 . Tenders must in particular mention the Member operations concerned have been carried out within State in which the tenderer, in the event of his being the prescribed time limit and on submission of declared successful , expects to complete the customs the original export licence duly granted and export formalities for the products concerned . endorsed by the competent authorities of the 3 . For the purpose of rendering the tenders compar­ Member State mentioned in the tender pursuant to Article 3 ( 2), able , the prices shall , where appropriate, be corrected by the monetary compensatory amount and the acces­ — in the case of the successful tenderer for quantities sion compensatory amount applicable on the closing not supplied by reason of force majeure. date for submission of tenders to exports from the 2 . The security required under paragraph 1 may he Member State mentioned in the tender pursuant to paragraph 2 . provided in the form of a cash deposit or of a guarantee issued by a credit institution conforming to Such correction shall be made by : criteria laid down by each Member State . — increasing prices which mention a Member State whose currency has depreciated or a new Member Article 7 State , The common wheat referred to in Article 1 to be — reducing prices which mention a Member State whose currency has been revalued . supplied to the Republic of Sri Lanka must be of fair and sound merchantable quality and correspond at The monetary compensatory amount shall , where least to the standard quality for which the interven­ appropriate , be converted into the currency of the tion price is fixed , except that the moisture content Member State in which the invitation to tender is shall not exceed 15-5 % and that a maximum of 3 % issued using : of sprouted grains and 1-5 % of miscellaneous impuri­ — in the case when the currencies concerned are ties shall be allowed . kept at any given moment within a band of 2-25 % , a conversion rate resulting from their Article 8 central rate , — in the other cases, the average of the spot rates of 1 . The French intervention agency shall be respon­ the currencies concerned recorded in the Member sible for operations relating to the invitation to tender State in which the invitation to tender is issued provided for by this Regulation . during a period from the Wednesday of one week 2 . It shall forthwith communicate to the Commis­ to the Tuesday of the following week being the sion the list of firms which have responded to the invi­ period immediately preceding the closing date for tation to tender, specifying the terms of each tender, submission of tenders . together with the name and business name of the successful tenderer. Article 4 3 . Where the customs export formalities for the The contract shall be awarded to the tenderer offering mobilized product are completed in a Member State the best terms , taking into consideration the adjust­ other than that in which the invitation to tender is ment referred to in Article 3 ( 3 ). issued , the intervention agency of the latter Member However, if the tenders submitted do not appear to State shall be responsible for the operations following reflect normal market prices and costs, the interven­ tendering, including payment to the successful tion agency may cancel the invitation to tender. tenderer .

20 . 9 . 75 Official Journal ot the European Communities No L 246 / 27

In such case, the intervention agency choosing the 5 . when the intervention agency responsible for successful tenderer shall immediately inform the inter­ the operations relating to tendering is not the interven­ vention agency of the Member State concerned and tion agency which appoints the successful tenderer, it shall supply it with all the information which it may shall send as soon as possible to the latter the informa­ require . tion necessary for releasing the security .

Furthermore , the amount of the successful tender Article 9 shall be paid after it has been converted using the average of the spot rates referred to in the second subparagraph of Article 3 ( 3 ) to the tenderer in the On delivery of the goods at the port of shipment , a currency of the Member State in which the operations handing-over certificate shall be supplied to the relating to the tendering are completed . successful tenderer acting as agent for the Commu­ nity , by the agent of the recipient country or, in the 4 . The intervention agency shall request the absence of the latter, by the intervention agency of the successful tenderer to supply the following informa­ Member State in whose territory the port of shipment tion : is situated . ( a ) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; Article 10 ( b ) the date of departure of the vessels .

The information indicated above shall be forwarded This Regulation shall enter into force on the day of its by the intervention agency to the Commission imme­ publication in the Official Journal of the European diately upon receipt . Communities.

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

Done at Brussels, 19 September 1975 .

I -'or tin Commission

P. J. LARDINOIS

Member of tin Commission