CELEX: 31975R2855
Language: en
Date: 1975-10-31 00:00:00
Title: Regulation (EEC) No 2855/75 of the Commission of 31 October 1975 opening an invitation to tender for the mobilization of common wheat as aid for the Islamic Republic of Pakistan

No L 283/60                             Official Journal of the European Communities                             1 . 11 . 75
                            REGULATION (EEC) No 2855/75 OF THE COMMISSION
                                                      of 31 October 1975
              opening an invitation to tender for the mobilization of common wheat as aid
                                            for the Islamic Republic of Pakistan
THE COMMISSION OF THE EUROPEAN                                     Whereas the Commission must be informed quickly
COMMUNITIES,                                                       of the tenders submitted in response to the invitation
                                                                   and of those accepted by the intervention agency ;
Having regard to the Treaty establishing the European
Economic Community ;
                                                                   Whereas the measures provided for in this Regulation
Having regard to Council Regulation No 120/                        are in accordance with the Opinion of the Manage­
67/EEC (1) of 13 June 1967 on the common organiza­                 ment Committee for Cereals,
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 665/75 (2) ;
Having regard to Council Regulation (EEC) No                       HAS ADOPTED THIS REGULATION :
1 693/72 (3) of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid, and
in particular Article 6 thereof ;
                                                                                           Article 1
Whereas on 3 March 1975 the Council of the Euro­
pean Communities declared that by way of Commu­                    1 . Tenders are hereby invited for the supply, by
nity action it proposed to grant the Islamic Republic              way of Community food-aid action, to the Islamic
of Pakistan 24 000 metric tons of common wheat
                                                                   Republic of Pakistan of 24 000 metric tons of
under its 1974/75 food-aid programme ;                             common wheat.
Whereas an analysis of the state of the cereals market
with reference to cereals intervention in Belgium indi­            2. The tendering procedure shall take place in
cates that the criteria of Article 3 (2) of Council Regu­          Belgium in one lot.
lation (EEC) No 1693/72 should be applied and that
the intervention agency of the Member State as speci­              3 . The product shall be mobilized by the Belgian
fied should mobilize the cereals from those stocked in             intervention agency from the stores specified in the
its own stores and should also determine the condi­                Annex.
tions of mobilization ;
                                                                   4. Loading shall take place for shipment from any
Whereas tenders should be invited for the supply of                Community port.
the product to 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 ;                             5. The product referred to in paragraph 1 is to be
                                                                   delivered in bulk to the port of shipment in the
Whereas     the contract should be awarded to the                  vicinity of the vessel. The goods must be set down at
 tenderer offering the best terms ;                                the place nominated by the recipient country or its
                                                                   agent, the timing of delivery being settled by the
 Whereas in case it should be impossible for reasons of            tenderer and the recipient country's agent.
force majeure to complete the operations in question
 within the set time limits, it must be made clear who
 is to bear any costs resulting therefrom ;                                                Article 2
 Whereas provision should be made for security to be
 given to guarantee fulfilment of the obligations arising           1.   The decision on tenders received in response to
 by virtue of participation in the invitation to tender            the invitation provided for in Article 1 shall be taken
 for the supply of wheat to the Islamic Republic of                on 14 November 1975 .
 Pakistan ;
                                                                    2.    The closing date for the receipt of tenders shall
 Whereas the Belgian intervention agency should be                  be 14 November 1975 at 12 noon .
 made responsible for the tendering procedure in ques­
 tion ;
                                                                    3.    The  notice of invitation   to tender shall be
 (') OJ No 117, 19 . 6. 1967, p. 2269/67.                           published in the Official Journal of the European
 (2) OJ No L 72, 20 . 3 . 1975, p. 14.                              Communities, not less than nine days before the
 (3) OJ No L 178 , 5 . 8 . 1972, p. 3 .                             closing date for submission of tenders.
 ---pagebreak--- 1 . 11 . 75                         Official Journal of the European Communities                         No L 283/61
                         Article 3                             2.     It shall forthwith communicate to the Commis­
The contract shall be awarded to the tenderer who
                                                               sion the list of firms which have responded to the invi­
makes the most favourable offer.                               tation to tender, specifying the terms of each tender,
                                                               together with the name and business name of the
However, if the tenders submitted do not appear to             successful tenderer.
reflect normal market prices and costs, the interven­
tion agency may cancel the invitation to tender.               3.     On the other hand, if the successful tenderer is
                                                               established in a Member State other than the one
                         Article 4                             collecting the tenders, and if the product is dispatched
                                                               through a frontier post of the Member State where the
If the tenderer is unable to deliver the goods in              successful tenderer is established, the intervention
compliance with Article 1 (5) on the date given in the        agency of the latter Member State shall be responsible
notice of invitation to tender as a result of the late         for the operations relating to the tendering.
availability of the vessels to be used for sea transporta­
tion, the resulting costs shall be borne by the interven­      In this case, the intervention agency choosing the
tion agency.                                                  successful tenderer shall immediately inform the inter­
                                                              vention agency of the Member State concerned and
                         Article 5                             shall supply it with all the information which it may
                                                               require.
1 . The successful tenderer shall give security of a
value of five units of account per metric ton of the          4. The intervention agency shall request the
product ; the security is intended to guarantee that the      successful tenderer to* supply the following informa­
operations specified in Article 1 are duly completed.         tion :
The security shall be forfeited if those operations are
not carried out within the prescribed time limit, save        (a) after each shipment a certificate showing the quan­
as regards quantities not delivered owing to force                 tities dispatched and the quality of the products ;
majeure.                                                      (b) the date of departure of the vessels.
2. The security required under paragraph 1 may be             The information indicated above shall be forwarded
provided in the form of a cash deposit or of a                by the intervention agency to the Commission imme­
guarantee issued by a credit institution conforming to        diately upon receipt.
criteria laid down by each Member State.
                         Article 6                                                      Article 8
The common wheat referred to in Article 1 to be               On delivery of the goods at the port of shipment, a
supplied to the Islamic Republic of Pakistan must be           handing-over certificate shall be supplied to the
of fair and sound merchantable quality and corres­            successful tenderer, acting as agent for the Commu­
pond at least to the standard quality for which the           nity, by the agent of the recipient country, or, in the
intervention price is fixed, except that the moisture         absence of the latter, by the intervention agency of the
content shall not exceed 14-5 % and that a maximum            Member State in whose territory the port of shipment
of 3 % of sprouted grains and 1 -5 % of miscellaneous         is situated .
impurities shall be allowed.
                         Article 7                                                      Article 9
1 . The Belgian intervention agency shall be respon­          This Regulation shall enter into force on the day of its
sible for operations relating to the invitation to tender      publication in the Official Journal of the European
provided for by this Regulation .                              Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at Brussels, 31 October 1975 .
                                                                          For the Commission
                                                                            P.J. LARDINOIS
                                                                     Member of the Commission
 ---pagebreak--- No L 283 /62                       Official Journal of the European Communities                                   1 . 11 . 75
                      ANNEXE — ANHANG — ALLEGATO — BIJLAGE — BILAG — ANNEX
                 Numéro du lot       Port d'embarquement    Tonnage à mettre en fob         Lieu de stockage
               Nummer der Lose        Verschiffungshafen  Nach fob zu bringende Menge     Ort der Lagerhaltung
              Numero della partita      Porto d'imbarco  Tonnellaggio da mettere in fob Luogo di accantonamento
             Nummer van de partij     Haven van inlading Fob aan te leveren hoeveelheid Adres van de opslagplaats
                Partiets nummer        Indskibningshavn     Mængde til levering fob            Lagerplads
                 Number of lot         Port of shipment        Metric tonnage fob        Town at which stored
                         1          Ports                      24 000 Tonnen
                                    communautaires                          dont :
                                    Gemeinschaftshäfen                    davon :
                                    Porti comunitari                      di cui :
                                    Havens van de        I
           l                        Gemeenschap                         waarvan :
                                    Fællesskabshavne                        deraf :
                                    Community ports                     whereof :
                                   I                                     10 000 t        Racour
           II                                                               500 t        Poperingen
                                   I                                     10 000 t        Gent
           ll                                                               500 t        Bruxelles
                                                                          1 000 t        Liège
                                                                            500 t        Zeebrugge
           I\                                                             1 000 t        Seilles
                                                                            500 t        Waremme