31975R2401

20 . 9 . 75 Official Journal of the European Communities No L 246 / 31

REGULATION ( EEC ) No 2401 / 75 OF THE COMMISSION

of 19 September 1975

opening an invitation to tender for the mobilization of flour of common wheat as food aid for the Island of Mauritius

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 Island of Mauritius. 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 (') of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ Whereas the Commission must be informed quickly lation ( EEC) No 665/ 75 (-); of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to Council Regulation (EEC) No 1 693 / 72 (-') of 3 August 1972 laying down the condi­ Whereas the Monetary Committee will be consulted ; tions for the mobilization of cereals as food aid , and whereas , in view of the urgency, the measures envis­ in particular Article 6 thereof ; aged should be adopted in accordance with the condi­ tions laid down in Article 3 (2) of Council Regulation Whereas on 3 March 1975 the Council of the Euro­ 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 Island of Mauritius common agricultural policy, as last amended by Regu­ 4 967 metric tons of cereals under its 1974/ 75 food­ lation ( EEC) No 2543 / 73 ( s ), and in particular Article 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 Article 1 blished in any Member State of the Community and may relate to products mobilized anywhere within 1 . Tenders are hereby invited tor the supply to the those Member States ; whereas , in view of the currency Island of Mauritius by way of Community food-aid situation in the Member States and in order to ensure action : that the tenders are as comparable as possible, account should be taken of the effect on each tender of the — 4 967 metric tons of flour of common wheat . 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 two lots . The product shall be mobilized on Whereas the award under the invitation to tender the Community market . The product shall he loaded must be made in favour of the tenderer offering the for departure from any French port . best terms ; 3 . The flour is to be delivered in new jute sacks of Whereas, should force iinljcure make it impossible to a net capacity of 67 kg to the port of shipment in the vicinity of the vessel . The goods must be set down at complete the operation in question within the set 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 . (') O ) No 117 , 19 . 6 . 1967, p . 2269/ 67 . (-) 0"| No I. 72, 20 . 3 . 1975, p. 14. (4 ) OJ No 106 , 30 . 10 . 1962 , p . 2553 / 62 . (■'•) O'j No L 178 , 5. 8 . 1972, p. 3 . H 0 | No L 263 , 19 . 9 . 1973 , p . I.

No L 246 / 32 Official Journal of the European Communities 20 . 9 . 75

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

' Farine de froment — Don de la Communauté écono­ The contract shall be awarded to the tenderer offering mique 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 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 3 October 1975 .

2 . The closing date for submission of tenders shall Article 5 be the 3 October 1975 at 12 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

Article 6 1 . The prices offered must be expressed in the currency of the Member State in which the invitation to tender was issued . 1 . The tenderer shall give security in an amount of 10 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 fomalities 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 .

The monetary compensatory amount shall , where appropriate , be converted into the currency of the Article 7 Member State in which the invitation to tender is issued using : The common wheat flour referred to in Article I to be — in the case when the currencies concerned are supplied to the Island of Mauritius must meet the following requirements : kept at any given moment within a band of 2-25 % , a conversion rate resulting from their — moisture : 14% maximum , central rate , — protein content :1 0-5 % minimum (N x 6-25 on — in the other cases, the average of the spot rates of dry matter), the currencies concerned recorded in the Member State in which the invitation to tender is issued — ash content : 0-52 % maximum referred to dry matter . during a period from the Wednesday of one week to the Tuesday of the following week being the period immediately preceding the closing date for Flour not meeting these requirements shall be submission of tenders . refused .

20 . 9 . 75 No L 246/33 Official Journal of the European Communities

Article 8 average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the 1 . . The French intervention agency shall be respon­ currency of the Member State in which the operations sible for organizing the invitation to tender provided relating to the tendering are completed. for by this Regulation . 4. The intervention agency shall request the 2 . It shall forthwith communicate to the Commis­ successful tenderer to supply the following informa­ sion the list of firms which have responded to the invi­ tion : tation to tender, specifying the terms of each tender, together with the name and business name of the (a) after each shipment a certificate showing the quan­ successful tenderer. tities dispatched and the quality of the products ; (b) the date of departure of the vessels. 3 . Where the customs export formalities for the The information indicated above shall be forwarded mobilized product are completed in a Member State 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 5. When the intervention agency responsible for tendering, including payment to the successful the operations relating to tendering is not the interven­ tenderer . 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 . This Regulation shall enter into force on the day of its Furthermore , the amount of the successful tender publication in the Official Journal of the European shall be paid after it has been converted using the 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