CELEX: 31975R3042
Language: en
Date: 1975-11-21 00:00:00
Title: Regulation (EEC) No 3042/75 of the Commission of 21 November 1975 opening an invitation to tender for the mobilization of common wheat as food aid for the International Committee of the Red Cross

No L 303/ 18                            Official Journal of the European Communities                           22. 11 . 75
                            REGULATION (EEC) No 3042/75 OF THE COMMISSION
                                                     of 21 November 1975
              opening an invitation to tender for the mobilization of common wheat as food
                              aid for the International Committee of the Red Cross
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
                                                                   are in accordance with the Opinion of the Manage­
Having regard to Council Regulation (EEC) No                       ment Committee for Cereals,
2727/75 ( J) of 29 October 1975 on the common organ­
ization of the market in cereals ;
                                                                   HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC) No
2750/75 (2) of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid, and
                                                                                           Article 1
in particular Article 6 thereof ;
Whereas on 21 March 1974 the Council of the Euro­                  1 . Tenders are hereby invited for the supply, by
                                                                   way of Community food-aid action, to the Interna­
pean Communities declared that by way of Commu­                    tional Committee of the Red Cross of 1 400 metric
nity action it proposed to grant the International                 tons of common wheat.
Committee of the Red Cross 1 400 metric tons of
common       wheat     under     the      1973/74     food-aid
                                                                   2. The tendering procedure shall take place in
programme ;
                                                                   Belgium in four lots.
Whereas an analysis of the state of the cereals market
                                                                   3 . The product shall be mobilized by the Belgian
with reference to cereals intervention in Belgium indi­            intervention agency from the stores specified in the
cates that the criteria of Article 3 (2) of Council Regu­          Annex .
lation (EEC) No 2750/75 should be applied and that
the intervention agency of the Member State as speci­              4. Loading shall take place for shipment from any
fied should mobilize the cereals from those stocked in
its own stores and should also determine the condi­
                                                                   Community port.
tions of mobilization ;
                                                                   5. The invitation to tender provided for in para­
                                                                   graph 1 is fQr supply of products delivered cif, that is
Whereas the proposed invitation to tender should be                to say, actually placed on the quay in one of the ports
for supply of the products cif, that is to say, actually           of unloading listed in the Annex.
placed on the quay at the port of unloading ;
                                                                   6. Successful tenderers shall deliver the products
Whereas the contract should be awarded to the
                                                                   specified in paragraph 1 cif to the port indicated in
tenderer offering the best terms ;                                 Annex II, in new jute sacks of a net capacity of 50
                                                                   kilogrammes.
Whereas in case it should be impossible for reasons of
force majeure to complete the operations in question               On the sacks shall be printed a Red Cross, 15 cm by
within the set time limits, it must be made clear who              1 5 cm, as well as the following :
is to bear costs resulting therefrom ;
                                                                   'Wheat — Gift of the European Economic Commu­
Whereas provision should be made for security to be                nity/Action of the International Committee of the
given for the purpose of guaranteeing that the obliga­             Red Cross for free distribution in India'.
tions arising by virtue of participation in the invita­
tion to tender for supplies to the International
Committee of the Red Cross will be fulfilled ;                                             Article 2
Whereas the Belgian intervention agency should be                   1 . The decision on tenders received in response to
made responsible for the tendering procedure in ques­              the invitation provided for in Article 1 shall be taken
tion ;                                                             on 5 December 1975 .
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .                            2.    The closing date for the receipt of tenders shall
(2) OJ No L 281 , 1 . 11 . 1975, p. 89 .                           be 5 December 1975 at 12 noon .
 ---pagebreak--- 22. 11 . 75                        Official Journal of the European Communities                        No L 303/ 19
3.    The notice of invitation to tender shall be            2.     It shall forthwith communicate to the Commis­
published in the Official Journal of the European            sion the list of firms which have responded to the invi­
Communities not less than nine days before the               tation to tender, specifying the terms of each tender,
closing date for submission of tenders.                      together with the name and business name of the
                                                             successful tenderer.
                        Article 3
The contract shall be awarded to the tenderer who            3.     On the other hand, if the successful tenderer is
makes the most favourable offer.                             established in a Member State other than the one
                                                             collecting the tenders, and if the product is dispatched
However, if the tenders submitted do not appear to           through a frontier post of the Member State where the
correspond to normal market prices and costs, the            successful tenderer is established, the intervention
intervention agency may cancel the invitation to             agency of the latter Member State shall be responsible
tender.                                                      for the operations relating to the tendering.
                        Article 4
                                                              In this case, the intervention agency choosing the
1 . The successful tenderer shall give security of a         successful tenderer shall immediately inform the inter­
value of five units of account per metric ton of the         vention agency of the Member State concerned and
product ; the security is intended to guarantee that the     shall supply it with all the information which it may
operations specified in Article 1 are duly completed.        require.
TTie security shall be forfeited if those operations are
not carried out within the prescribed time limit, save       4. The intervention agency shall request the
as regards quantities not delivered owing to force           successful tenderer to supply the following informa­
majeure.                                                     tion :
2. The security required under paragraph 1 may be
provided in the form of a cash deposit or of a               (a) after each shipment a certificate showing the quan­
guarantee issued by a credit institution conforming to           tities dispatched and the quality of the products ;
criteria laid down by each Member State.
                                                             (b) the date of departure of the vessels ;
                        Article 5
                                                             (c) all possible contingencies which might occur
The common wheat referred to in Article 1 to be                  during transportation of the products.
supplied to the International Committee of the Red
Cross must be of fair and sound merchantable quality         The intervention agency shall transmit the informa­
and correspond at least to the standard quality for          tion provided for to the Commission as soon as it is
which the intervention price is fixed, except that the       received .
moisture content shall not exceed 15 % and that a
maximum of 3 % of sprouted grains and 1 -5 % of
miscellaneous impurities shall be allowed.
                                                                                      Article 7
                        Article 6
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, 21 November 1975.
                                                                        For the Commission
                                                                          P. J. LARDINOIS
                                                                   Member of the Commission
 ---pagebreak--- No L 303/20                         Official Journal of the European Communities                                      22. 11 . 75
                                                       ANNEX I
                    Port of shipment                  Metric tonnage fob                     Town at which stored
          Community ports                                   1 400
          1                                           whereof :
                                                              400                      Waremme
                                                               500                      Marbais
          I                                                    500                      Floreffe
                                                       ANNEX II
            Number
             of lot
                               Port of unloading                Minimum rate of unloading                 Tonnage cif
               1          Bombay                                                                      350 metric tons
               2          Calcutta                 II            Customs of the port
                                                                                                      350 metric tons
               3          Bombay                   II                                                 350 metric tons
               4          Calcutta
                                                   II                                                 350 metric tons