31975R2642

No L 269 / 20 Official Journal of the European Communities 18 . 10 . 75

REGULATION ( EEC) No 2642/75 OF THE COMMISSION of 17 - October 1975 opening an invitation to tender for the mobilization of 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 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 Whereas the Commission must be informed quickly lation (EEC) No 665/75 (2) ; 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 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 World Food common agricultural policy, as last amended by Regu­ Programme (WFP) 40 000 metric tons of cereals under lation (EEC) No 2543/73 (5), and in particular Article its 1974/75 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 HAS ADOPTED THIS REGULATION : 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 to the may relate to products mobilized anywhere within World Food Programme by way of Community food­ those Member States ; whereas, in view of the currency aid action of : situation in the Member States and in order to ensure that the tenders are as comparable as possible, account — 645 metric tons of sorghum . should be taken of the effect on each tender of the currency situation in the Member State in which the 2. The tendering procedure shall take place in customs export formalities will be completed ; France in one lot. The product shall be mobilized on the Community market. The product shall be loaded Whereas the award under the invitation to tender for departure from any Community port. must be made in favour of the tenderer offering the best terms ; 3 . The product referred to in paragraph 1 is to be delivered in new jute sacks of a net capacity of 50 kilo­ Whereas, should force majeure make it impossible to grammes to the port of shipment in the vicinity of the vessel . The goods must be set down at the place nomi­ complete the operation in question within the set time limits , it should be made clear who is to bear the nated by the recipient country or its agent, the timing liability for any resulting costs ; of delivery being settled by the tenderer and the recip­ ient country's agent. (') OJ No 117, 19 . 6. 1967, p. 2269/67. (2) OJ No L 72, 20 . 3 . 1975, p. 14. («) OJ No 106, 30 . 10 . 1962, p . 2553/62. (3) OJ No L 178 , 5 . 8 . 1972, p. 3 . (5) OJ No L 263 , 19 . 9 . 1973, p. 1 .

18 . 10 . 75 No L 269 /21 Official Journal of the European Communities

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

'Sorgho-Bangui-Don de la Communauté économique The contract shall be awarded to the tenderer offering européenne au programme alimentaire mondial .' 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 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 3 November 1975 . Article 5 2. The closing date for submission of tenders shall If the tenderer is unable to deliver the goods in be 3 November 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.

Article 6 Article 3 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 : — in the case of all tenderers whose tenders are 2. Tenders must in particular mention the Member unsuccessful or are not accepted, State in which the tenderer, in the event of his being — in the case of the successful tenderer, when the declared successful, expects to complete the customs operations concerned have been carried out within export formalities for the products concerned. the prescribed time limit and on submission of 3. For the purpose of rendering the tenders compar­ the original export licence duly granted and endorsed by the competent authorities of the able, the prices shall, where appropriate, be corrected Member State mentioned in the tender pursuant by the monetary compensatory amount and the acces­ sion compensatory amount applicable on the closing to Article 3 (2), date for submission of tenders to exports from the — in the case of the successful tenderer for quantities Member State mentioned in the tender pursuant to not supplied by reason of force majeure. paragraph 2. 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 guarantee issued by a credit institution conforming to — increasing prices which mention a Member State criteria laid down by each Member State. whose currency has depreciated or a new Member State, Article 7 — reducing prices which mention a Member State whose currency has been revalued. The sorghum referred to in Article 1 which is to be supplied to the WFP must be of fair and sound The monetary compensatory amount shall, where merchantable quality and be free from odour. appropriate, be converted into the currency of the Member State in which the invitation to tender is Article 8 issued using : — in the case when the currencies concerned are 1 . The French intervention agency shall be respon­ kept at any given moment within a band of sible for organizing the invitation to tender provided 2-25 % , a conversion rate resulting from their for by this Regulation . central rate , 2 . It shall forthwith communicate to the Commis­ — in the other cases, the average of the spot rates of sion the list of firms which have responded to the invi­ the currencies concerned recorded in the Member tation to tender, specifying the terms of each tender, State in which the invitation to tender is issued together with the name and business name of the during a period from the Wednesday of one week successful tenderer . to the Tuesday of the following week being the period immediately preceding the closing date for 3 . Where the customs export formalities for the submission of tenders . mobilized product are completed in a Member State

No L 269 / 22 Official Journal of the European Communities 18 . 10 . 75

other than that in which the invitation to tender is (a) after each shipment a certificate showing the quan­ issued, the intervention agency of the latter Member tities dispatched and the quality of the products ; State shall be responsible for the operations following (b) the date of departure of the vessels. tendering, including payment to the successful tenderer. The information indicated above shall be forwarded In such case, the intervention agency choosing the by the intervention agency to the Commission imme­ successful tenderer shall immediately inform the inter­ diately upon receipt. vention agency of the Member State concerned and shall supply it with all the information which it may 5. When the intervention agency responsible for require . the operations relating to tendering is not the interven­ tion agency which appoints the successful tenderer, it Furthermore, the amount of the successful tender shall send as soon as possible to the latter the informa­ shall be paid after it has been converted using the tion necessary for releasing the security. average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations Article 9 relating 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, 17 October 1975 .

For the Commission

P.J. LARDINOIS Member of the Commission