31975R2400

No L 246 / 28 Official Journal of the European Communities 20 . 9 . 75

REGULATION ( EEC ) No 2400 / 75 OF THE COMMISSION of 19 September 1975 opening an invitation to tender for the mobilization of 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 Having regard to the Treaty establishing the European for the supply of wheat to the WFP ; 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 (') of 13 June 1967 on the common organiza­ tion of the market in cereals , as last amended by Regu­ lation ( EEC) No 665/ 75 (-) ; Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to Council Regulation ( EEC) No I 693 /72 (•') 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 No 129 (4 ) on the value of the unit of account and the pean Communities declared that by way of Commu­ exchange rates to be applied for the purposes of the nity action it proposed to grant the World Food common agricultural policy, as last amended by Regu­ Programme (WFP) 3 000 metric tons of maize under lation ( EtEC) No 2543 / 73 ( 3 ), and in particular Article its 1973 /74 food-aid programme ; 3 thereof ;

Whereas pursuant to Article 3 ( 3 ) of Council Regula­ Whereas the measures provided for in this Regulation tion ( EEC ) No 1693 /72 the goods may be purchased are in accordance with the Opinion of the Manage­ anywhere on the Community market ; 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 HAS ADOPTED THIS REGULATION : nated by the recipient or its agent ;

Whereas tenders may be submitted by tenderers esta­ An iifc 1 blished in any Member State of the Community and 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 aid action : that the tenders are as comparable as possible , account should be taken of the effect on each tender of the — 3 000 tons of maize . currency situation in the Member State in which the customs export formalities will be completed ; 2 . The tendering procedure shall take place in France in one lot . The product shall be mobilized on Whereas the award under the invitation to tender the Community market . The product shall be loaded must be made in favour of the tenderer offering the for departure from any Community port . best terms ; 3 . The maize is to be delivered in new jute sacks of Whereas , should forte nnijciirc make it impossible to a net capacity of 50 kg to the port of shipment in the complete the operation in question within the set vicinity of the vessel . The goods must be set down at time limits , it should be made clear who is to bear the the place nominated by the recipient country or its liability for any resulting costs ; agent , the timing of delivery being settled by the tenderer and the recipient country's agent . (') C )| No 117 , 19 . 6 . 1967 , p . 2269 / 67 . ( ') O'l No 1 . 72, 20 . 3 . I 97 \ p. 14. {>) O J No : 06 , 30 . 10 . 1962 , p . 2553 / 62 . (-) O'l No I. I 7 <S . v 8 . 1972, p . 3 . H Oj No l . 263 , 19 . 9 . 197 ?, p . I.

20 . 9 . 75 No L 246/ 29 Official Journal of the European Communities

4. The following shall be printed on the sacks : Article 4

'2 225-q-Maize — Bissau action — Gift of the Euro­ The contract shall be awarded to the tenderer offering pean Economic Community to the World Food the best terms, taking into consideration the adjust­ Programme .' ment referred to in Article 3 (3).

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

Article6¶

1 . The tenderer shall give security in an amount of 1 . The prices offered must be expressed in the five units of account per metric ton of goods . currency of the Member State in which the invitation to tender was issued . It shall be released : 2. Tenders must in particular mention the Member — in the case of all tenderers whose tenders are State in which the tenderer, in the event of his being unsuccessful or are not accepted , declared successful , expects to complete the customs — in the case of the successful tenderer, when the export formalities for the products concerned . operations concerned have been carried out within ' the prescribed time limit and on submission of 3 . For the purpose of rendering the tenders compar­ the original export licence duly granted and able, the prices shall, where appropriate, be corrected endorsed by the competent authorities of the by the monetary compensatory amount and the acces­ Member State mentioned in the tender pursuant sion compensatory amount applicable on the closing date for submission of tenders to exports from the to Article 3 ( 2), Member State mentioned in the tender pursuant to — in the case of the successful tenderer for quantities paragraph 2. not supplied by reason of force majeure. 2. The security required under paragraph 1 may be Such correction shall be made by : provided in the form of a cash deposit or of a — increasing prices which mention a Member State guarantee issued by a credit institution conforming to whose currency has depreciated or a new Member criteria laid down by each Member State . State, — reducing prices which mention a Member State Article 7 whose currency has been revalued . The maize referred to in Article 1 to be supplied to The monetary compensatory amount shall , where the WFP must be of fair and sound merchantable appropriate, be converted into the currency of the quality and correspond at least to the standard quality Member State in which the invitation to tender is for which the intervention price is fixed . issued using :

— in the case when the currencies concerned are Article 8 kept at any given moment within a band of 2-25 % , a conversion rate resulting from their 1 . The French intervention agency shall be respon­ central rate , sible for organizing the invitation to tender provided — in the other cases, the average of the spot rates of for by this Regulation . the currencies concerned recorded in the Member State in which the invitation to tender is issued 2 . It shall forthwith communicate to the Commis­ during a period from the Wednesday of one week sion the list of firms which have responded to the invi­ to the Tuesday of the following week being the tation to tender, specifying the terms of each tender, period immediately preceding the closing date for together with the name and business name of the submission of tenders . successful tenderer .

No L 246/30 Official Journal of the European Communities 20 . 9 . 75

3 . Where the customs export formalities for the (a) after each shipment a certificate showing the quan­ mobilized product are completed in a Member State tities dispatched and the quality of the products ; other than that in which the invitation to tender is (b) the date of departure of the vessels. issued, the intervention agency of the latter Member State shall be responsible for the operations following tendering, including payment to the successful The information indicated above shall be forwarded ' tenderer. by the intervention agency to the Commission imme­ diately upon receipt. In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and 5. When the intervention agency responsible for shall supply it with all the information which it may the operations relating to tendering is not the interven­ require . tion agency which appoints the successful tenderer, it shall send as soon as possible to the latter the informa­ Furthermore the amount of the successful tender shall tion necessary for releasing the security. be paid after it has been converted using the average of the spot rates referred to in the second subpara­ graph of Article 3(3) to the tenderer in the currency of the Member State in which the operations relating Article 9 to the tendering are completed.

4. The intervention agency shall request the This Regulation shall enter into force on the day of its successful tenderer to supply the following informa­ publication in the Official Journal of the European tion : Communities.

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

Done at Brussels, 19 September 1975.

For the Commission

P.J. LARDINOIS Member of the Commission