31975R3109

29 . 11 . 75 Official Journal of the European Communities No L 309 /47

REGULATION ( EEC) No 3109/ 75 OF THE COMMISSION of 28 November 1975 opening an invitation to tender for the mobilization of common wheat as food aid for the Cape Verde Islands

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 invitation 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 August 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 Cape Verde common agricultural policy, as last amended by Regu­ Islands 1 000 metric tons of common wheat under its lation (EEC) No 2543/73 (4), and in particular Article 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 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 A rticle 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 Cape Verde Islands by way of Community food-aid action of 1 000 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 Porto Whereas provisions should be made for security to be Grande in new jute sacks of a net capacity of 50 kilo­ given for the purpose of guaranteeing that the obliga­ grammes .

(') OJ No I, 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 .

No L 309 / 48 29 . 11 . 75 Official Journal of the European Communities

The following shall be printed on the sacks : Article 4

' Fermento — Dom da Comunidade economica euro­ The contract shall be awarded to the tenderer offering peia as Ilhas de Capoverde — Distribuito gratuita.' 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 12 December 1975 . Article 5 2 . The closing date for submission of tenders shall be 12 December 1975 at 12 noon . 1 . The tenderer shall give security in an amount of five units of account per metric ton of goods. 3 . The notice of invitation to tender shall be It shall be released : published in the Official Journal of the European — in the case of all tenderers whose tenders are Communities not less than nine days before the closing date for submission of tenders . unsuccessful or are not accepted, — in the case of the successful tenderer, when the operations concerned have been carried out within Article 3 the prescribed time limit and on submission of the original export licence duly granted and 1 . The prices offered must be expressed in the endorsed by the competent authorities of the currency of the Member State in which the invitation Member State mentioned in the tender pursuant to tender was issued . to Article 3 (2), 2 . Tenders must in particular mention the Member — in the case of the successful tenderer for quantities State in which the tenderer, in the event of his being not supplied by reason of force majeure. declared successful, expects to complete the customs 2. The security required under paragraph 1 may be export formalities for the products concerned . provided in the form of a cash deposit or of a guarantee issued by a credit institution conforming to 3 . For the purpose of rendering the tenders compar­ criteria laid down by each Member State . able , the prices shall , where appropriate, be corrected by the monetary compensatory amount and the acces­ sion compensatory amount applicable on the closing Article 6 date for submission of tenders to exports from the Member State mentioned in the tender pursuant to The common wheat referred to in Article 1 must be paragraph 2 . of fair and sound merchantable quality and corres­ pond at least to the standard quality for which the Such correction shall be made by : intervention price is fixed, except that the moisture content shall not exceed 15-5 % and that a maximum — increasing prices which mention a Member State of 3 % of sprouted grains and 1 -5 % of miscellaneous whose currency has depreciated or a new Member impurities shall be allowed . State , — reducing prices which mention a Member State Article 7 whose currency has been revalued . 1 . The French intervention agency shall be respon­ The monetary compensatory amount shall , where sible for organizing the invitation to tender provided appropriate , be converted into the currency of the for by this Regulation . Member State in which the invitation to tender is issued using : 2 . It shall forthwith communicate to the Commis­ — in the case when the currencies concerned are sion the list of firms which have responded to the invi­ 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 , :— in the other cases, the average of the spot rates of 3 . Where the customs export formalities for the the currencies concerned recorded in the Member mobilized product are completed in a Member State State in which the invitation to tender is issued other than that in which the invitation to tender is during a period from the Wednesday of one week issued , the intervention agency of the latter Member to the Tuesday of the following week being the State shall be responsible for the operations following period immediately preceding the closing date for tendering, including payment to the successful submission of tenders . tenderer .

29 . 11 . 75 No L 309/49 Official Journal of the European Communities

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

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

Done at Brussels, 28 November 1975 .

For the Commission

P.J. LARDINOIS Member of the Commission