31975R3313

20 . 12. 75 Official Journal of the European Communities No L 328/ 17

REGULATION (EEC) No 3313/75 OF THE COMMISSION v of 19 December 1975 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Afghanistan

THE COMMISSION OF THE EUROPEAN Whereas the French intervention agency should be COMMUNITIES, made responsible for the tendering procedure in ques­ tion ; Having regard to the Treaty establishing the European Economic Community ; Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to Council Regulation (EEC) No to tender and of those accepted by the intervention 2727/75 (!) of 29 October 1975 on the common organ­ agency ; ization of the market in cereals ; Whereas the Monetary Committee will be consulted ; Having regard to Council Regulation (EEC) No whereas, in view of the urgency, the measures envis­ 2750/75 (2) of 29 October 1975 laying down the condi­ aged should be adopted in accordance with the condi­ tions for the mobilization of cereals as food aid, and tions laid down in Article 3 (2) of Council Regulation in particular Article 6 thereof ; No 129 (3) on the value of the unit of account and the exchange rates to be applied for the purposes of the Whereas on 3 March 1975 the Council of the Euro­ common agricultural policy, as last amended by Regu­ pean Communities declared that by way of Commu­ lation (EEC) No 2543/73 (4), and in particular Article nity action it proposed to grant the Republic of 3 thereof ; Afghanistan 2 500 metric tons of common wheat under its 1974/75 food-aid programme ; Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ Whereas pursuant to Article 3 (3) of Council Regula­ ment Committee for Cereals, tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ;

Whereas tenders should be invited for the supply of HAS ADOPTED THIS REGULATION : the product td the port of shipment in the vicinity of 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 Republic of Afghanistan by way of Community food­ aid action of 2 500 metric tons of common wheat . those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure that the tenders are as comparable as possible, account 2. The tendering procedure shall take place in should be taken of the effect on each tender of the France in one lot. The product shall be mobilized on currency situation in the Member State in which the the Community market. Loading shall take place from Rouen . customs export formalities will be completed ;

Whereas the award under the invitation to tender 3 . The product referred to in paragraph 1 is to be must be made in favour of the tenderer offering the delivered in new jute sacks of a net capacity of 50 kg best terms ; to the port of shipment in the vicinity of the vessel. The goods must be set down at the place nominated Whereas, should force majeure make it impossible to by the recipient country or its agent, the timing of complete the operation in question within the set delivery being settled by the tenderer and the recip­ time limits, it should be made clear who is to bear the ient country's agent. liability for any resulting costs ; The following shall be printed on the sacks : I Whereas provision should be made for security to be given to guarantee fulfilment of the obligations arising 'Wheat — Gift of the European Economic Commu­ by virtue of participation in the invitation to tender ; nity to the Republic of Afghanistan.'

(') OJ No L 281 , 1 . 11 . 1975, p. 1 . (3) OJ No 106, 30 . 10 . 1962, p. 2553/62. I2) OJ No L 281 , 1 . 11 . 1975, p. 89. (4) OJ No L 263, 19 . 9 . 1973, p. 1 .

No L 328/ 18 20. 12. 75 Official Journal of the European Communities

Article2¶

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 6 January 1976. 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 tion, the resulting costs shall be borne by the interven­ be 6 January 1976 at 12 noon. 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 — in the case of all tenderers whose tenders are currency of the Member State in which the invitation to tender was issued. unsuccessful or are not accepted, — in the case of the successful tenderer, when the 2. Tenders must in particular mention the Member operations concerned have been carried out within State in which the tenderer, in the event of his being the prescribed time limit and on submission of declared successful, expects to complete the customs the original export licence duly granted and export formalities for the products concerned. 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 guarantee issued by a credit institution conforming to Such correction shall be made by : criteria laid down by each Member State. — increasing prices which mention a Member State whose currency has depreciated or a new Member Article 7 State, 1 The common wheat referred to in Article 1 to be — reducing prices which mention a Member State whose currency has been revalued. supplied to the Republic of Afghanistan must be of fair and sound merchantable quality and correspond The monetary compensatory amount shall, where at least to the standard quality for which the interven­ appropriate, be converted into the currency of the tion price is fixed, except that the moisture content Member State in which the invitation to tender is shall not exceed 15-5 % and that a maximum of 3 % issued using : of sprouted grains and 1 -5 % of miscellaneous impuri­ — in the case when the currencies concerned are ties shall be allowed. kept at any given moment within a band of 2-25 % , a conversion rate resulting from their Article 8 central rate, — in the other cases, the average of the spot rates of 1 . The French intervention agency shall be respon­ the currencies concerned recorded in the Member sible for organizing the invitation to tender provided State in which the invitation to tender is issued for by this Regulation. during a period from the Wednesday of one week 2. It shall forthwith communicate to the Commis­ to the Tuesday of the following week being the sion the list of firms which have responded to the invi­ period immediately preceding the closing date for tation to tender, specifying the terms of each tender, submission of tenders . together with the name and business name of the successful tenderer. Article 4 3. Where the customs export formalities for the The contract shall be awarded to the tenderer offering mobilized product are completed in a Member State the best terms, taking into consideration the adjust­ other than that in which the invitation to tender is ment referred to in Article 3 (3). issued, the intervention agency of the latter Member However, if the tenders submitted do not appear to State shall be responsible for the operations following reflect normal market prices and costs, the interven­ tendering, including payment to the successful tion agency may cancel the invitation to tender. tenderer.

20 . 12 . 75 No L 328/ 19 Official Journal of the European Communities

In such case, the intervention agency choosing the (b) the date of departure of the vessels. successful tenderer shall immediately inform the inter­ The information indicated above shall be forwarded vention agency of the Member State concerned and shall supply it with all the information which it may by the intervention agency of the Commission imme­ require . diately upon receipt.

Furthermore, the amount of the successful tender 5. When the intervention agency responsible for shall be paid after it has been converted using the the operations relating to tendering is not the interven­ average of the spot rates referred to in the second tion agency which appoints the successful tenderer, it subparagraph of Article 3 (3) to the tenderer in the shall send as soon as possible to the latter the informa­ currency of the Member State in which the operations tion necessary for releasing the security. relating to the tendering are completed.

4. The intervention agency shall request the Article 9 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, 19 December 1975 .

For the Commission

P.J. LARDINOIS

Member of the Commission