31975R2921

No L 290/8 Official Journal of the European Communities 8 . 11 . 75

REGULATION (EEC) No 2921 /75 OF THE COMMISSION of 7 November 1975 opening an invitation to tender for the mobilization of soft wheat as food aid for the World Food Programme

rHE COMMISSION OF THE EUROPEAN by virtue of participation in the invitation to tender COMMUNITIES, for the supply of wheat to the WFP ;

Having regard to the Treaty establishing the European Whereas the French intervention agency should be Economic Community ; made responsible for the tendering procedure in ques­ tion ; Having regard to Council Regulation (EEC) No 2727/75 ( !) of 2? October 1975 on the common organ­ Whereas the Commission must be informed quickly ization of the market in cereals, of the tenders submitted in response to the envisaged and of those accepted by the intervention agency ; Having regard to Council Regulation (EEC) No 2750/75 (2) of 29 October 1975 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 (3) 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 (4), 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 2750/75 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 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 — 7 565 metric tons of soft wheat. currency situation in the Member State in which the customs export formalities will be completed ; 2. The tendering procedure shall take place in Whereas the award under the invitation to tender France in one lot. The product shall be mobilized on must be made in favour of the tenderer offering the the Community market. The product shall be loaded best terms ; for departure from any Community port.

Whereas, should force majeure make it impossible to 3 . The product referred to in paragraph 1 is to be complete the operation in question within the set delivered in new jute sacks of a net capacity of 50 kilo­ time limits, it should be made clear who is to bear the grammes to the port of shipment in the vicinity of the liability for any resulting costs ; vessel . The goods must be set down at the place nomi­ nated by the recipient country or its agent, the timing Whereas provision should be made for security to be of delivery being settled by the tenderer and the recip­ given to guarantee fulfilment of the obligations arising ient country's agent.

(■) OJ No L 281 , 1 . 11 . 1975, p. 1 . (3) OJ No 106, 30 . 10 . 1962, p. 2553/62. (2) OJ No L 281 , 1 . 11 . 1975, p. 89 . (4) OJ No L 263, 19 . 9 . 1973 , p. 1 .

8 . 11 . 75 Official Journal of the European Communities No L 290/9

The following shall be printed on the sacks : However, if the tenders submitted do not appear to 'WHEAT — GIFT OF THE EUROPEAN reflect normal market prices and costs, the interven­ ECONOMIC COMMUNITY TO WORLD FOOD tion agency may cancel the invitation to tender. PROGRAMME ; Article 2 Article 5

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 (3) on the date given in the on 21 November 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 submission of tenders shall be 21 November 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 five units of account per metric ton of goods. Article 3 It shall be released : 1 . The prices offered must be expressed in the currency of the Member State in which the invitation — in the case of all tenderers whose tenders are to tender was issued . unsuccessful or are not accepted, ?. Tenders must in particular mention the Member — in the case of the successful tenderer, when the State in which the tenderer, in the event of his being operations concerned have been carried out within declared successful, expects to complete the customs the prescribed time limit and on submission of export formalities for the products concerned. the original export licence duly granted and endorsed by the competent authorities of the 3 . For the purpose of rendering the tenders compar­ Member State mentioned in the tender pursuant able, the prices shall, where appropriate, be corrected to Article 3 (2), 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 Member State mentioned in the tender pursuant to 2. The security required under paragraph 1 may be paragraph 2, provided in the form of a cash deposit or of a Such correction shall be made by : guarantee issued by a credit institution conforming to criteria laid down by each Member State. — increasing prices which mention a Member State whose currency has depreciated or a new Member State, Article 7 — reducing prices which mention a Member State The common wheat referred to in Article 1 to be whose currency has been revalued. supplied to the WFP must be of fair and sound The monetary compensatory amount shall, where merchantable quality and correspond at least to the appropriate, be converted into the currency of the standard quality for which the intervention price is Member State in which the invitation to tender is fixed, except that the moisture content shall not issued using : exceed 15-5 % and that a maximum of 3 % of — in the case when the currencies concerned are sprouted grains and 1 -5 % of miscellaneous impuri­ ties shall be allowed . kept at any given moment within a band of 2-25 %., a conversion rate resulting from their central rate, Article 8 — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member 1 . The French intervention agency shall be respon­ State in which the invitation to tender is issued sible for organizing the invitation to tender provided during a period from the Wednesday of one week for by this Regulation . to the Tuesday of the following week being the 2. It shall forthwith communicate to the Commis­ period immediately preceding the closing date for submission of tenders . sion the list of firms which have responded to the invi­ tation to tender, specifiying the terms of each tender, Article 4 together with the name and business name of the successful tenderer . The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ 3 . Where the customs export formalities for the ment referred to in Article 3 (3). mobilized product are completed in a Member State

No L 290/ 10 8 . 11 . 75 Official Journal of the European Communities

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 of 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, 7 November 1975 .

For the Commission

P.J. LARDINOIS Member of the Commission