31975R2923

No L 290/ 14 8 . 11 . 75 Official Journal of the European Communities

REGULATION ( EEC) No 2923/75 OF THE COMMISSION of 7 November 1975 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Zambia

THE COMMISSION OF THE EUROPEAN tions arising by virtue of participation in the invita­ COMMUNITIES, tion to tender will be fulfilled ;

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 29 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 invitation 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 14 May 1973 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 Republic of common agricultural policy, as last amended by Regu­ Zambia, 5 000 metric tons of common wheat under lation (EEC) No 2543/73 (4), and in particular Article its 1972/73 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 the proposed invitation to tender should be for supply of the products delivered cif, that is at the moment when the goods are actually removed from HAS ADOPTED THIS REGULATION : the ship's hold at the port of unloading ;

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 Republic of Zambia by way of Community food-aid action of 5 000 metric tons of common wheat. that the tenders are as comparable as possible, account 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 the departure from any Community port. must be made in favour of the tenderer offering the best terms ; 3. The invitation to tender provided for in para­ graph 1 is for supply of products delivered cif, that is Whereas, should force majeure make it impossible to at the moment when the goods are actually removed complete the operation in question within the set from the ship's hold at the port of unloading. time limits, it should be made clear who is to bear the liability for any resulting costs ; 4. The successful tenderer shall deliver the product specified in paragraph 1 cif to the port of Dar-es­ Whereas provisions should be made for security to be Salaam in new jute sacks of a net capacity of 50 kilo­ given for the purpose of guaranteeing that the obliga­ grammes .

(') 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 No L 290/ 15 Official Journal of the European Communities

The following shall be printed on the sacks : However, if the tenders submitted do not appear to 'SOFT WHEAT — GIFT OF THE EUROPEAN reflect normal market prices and costs, the interven­ ECONOMIC COMMUNITY TO THE REPUBLIC tion agency may cancel the invitation to tender. OF ZAMBIA'. Article 5 Article 2 1 . The tenderer shall give security in an amount of 1 . The decision on tenders received in response to five units of account per metric ton of goods. the invitation provided for in Article 1 shall be taken on 21 November 1975 . It shall be released : 2. The closing date for submission of tenders shall — in the case of all tenderers whose tenders are be 21 November 1975 at 12 noon . unsuccessful or are not accepted, 3 . The notice of invitation to tender shall be — in the case of the successful tenderer, when the published in the Official Journal of the European operations concerned have been carried out within Communities not less than nine days before the the prescribed time limit and on submission of closing date for submission of tenders. the original export licence duly granted and endorsed by the competent authorities of the Article 3 Member State mentioned in the tender pursuant to Article 3 (2), 1 . The prices offered must be expressed in the currency of the Member State in which the invitation — in the case of the successful tenderer for quantities to tender was issued . not supplied by reason of force majeure. 2. Tenders must in particular mention the Member 2. The security required under paragraph 1 may be State in which the tenderer, in the event of his being provided in the form of a cash deposit or of a declared successful, expects to complete the customs guarantee issued by a credit institution conforming to export formalities for the products concerned. criteria laid down by each Member State. 3. For the purpose of rendering the tenders compar­ able, the prices shall, where appropriate, be corrected Article 6 by the monetary compensatory amount and the acces­ The common wheat referred to in Article 1 must be sion compensatory amount applicable on the closing date for submission of tenders to exports from the of fair and sound merchantable quality and corres­ Member State mentioned in the tender pursuant to pond at least to the standard quality for which the paragraph 2. intervention price is fixed, except that the moisture content shall not exceed 1 5-5 % and that a maximum Such correction shall be made by : of 3 % of sprouted grains and 1-5 % of miscellaneous — increasing prices which mention a Member State impurities shall be allowed. whose currency has depreciated or a new Member State, Article 7 — reducing prices which mention a Member State whose currency has been revalued . 1 . The French intervention agency shall be respon­ sible for organizing the invitation to tender provided The monetary compensatory amount shall, where for by this Regulation. appropriate, be converted into the currency of the Member State in which the invitation to tender is 2 . It shall forthwith communicate to the Commis­ issued using : sion the list of firms which have responded to the invi­ — in the case when the currencies concerned are tation to tender, specifying the terms of each tender, kept at any given moment within a band of together with the name and business name of the 2-25 % , a conversion rate resulting from their successful tenderer. central rate, 3 . Where the customs export formalities for the — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member mobilized product are completed in a Member State other than that in which the invitation to tender is State in which the invitation to tender is issued issued, the intervention agency of the latter Member during a period from the Wednesday of one week State shall be responsible for the operations following to the Tuesday of the following week being the tendering, including payment to the successful period immediately preceding the closing date for tenderer. submission of tenders . In such case, the intervention agency choosing the Article 4 successful tenderer shall immediately inform the inter­ The contract shall be awarded to the tenderer offering vention agency of the Member State concerned and the best terms, taking into consideration the adjust­ shall supply it with all the information which it may ment referred to in Article 3 (3). require .

No L 290/ 16 Official Journal of the European Communities 8 . 11 . 75

Furthermore, the amount of the successful tender The information indicated above shall be forwarded shall be paid after it has been converted using the by the intervention agency to the Commission imme­ average of the spot rates referred to in the second diately upon receipt. subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations 5. When the intervention agency responsible for relating to the tendering are completed. the operations relating to tendering is not the interven­ tion agency which appoints the successful tenderer, it 4. The intervention agency shall request the shall send as soon as possible to the latter the informa­ successful tenderer to supply the following informa­ tion necessary for releasing the security. tion : (a) after e^ch shipment a certificate showing the quan­ Article 8 tities dispatched and the quality of the products ; (b) the date of departure of the ships ; This Regulation shall enter into force on the day of its (c) all possible contingencies which might occur publication in the Official Journal of the European Communities. during transportation of the products.

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