CELEX: 31975R0373
Language: en
Date: 1975-02-14 00:00:00
Title: Regulation (EEC) No 373/75 of the Commission of 14 February 1975 opening an invitation to tender for the mobilization of common wheat flour as aid for the Republic of the Philippines

No L 41 / 14                            Official Journal of the European Communities                             15 . 2 . 75
                             REGULATION (EEC) No 373/75 OF THE COMMISSION
                                                       of 14 February 1975
                opening an invitation to tender for the mobilization of common wheat flour as
                                           aid for the Republic of the Philippines
THE COMMISSION OF THE EUROPEAN                                     Whereas the Belgian intervention agency should be
COMMUNITIES,                                                       made responsible for organizing the invitation to
                                                                   tender ;
Having regard to the Treaty establishing the European
Economic Community ;                                               Whereas it is important that the Commission be
                                                                   informed without delay of the tenders submitted in
Having regard to Council Regulation No 120/                        response to the invitation and of those accepted by
67/ EECC ) of 13 June 1967 on the common organiza­                 the intervention agency ;
tion of the market in cereals, as last amended by Regu­
                                                                   Whereas the measures provided for in this Regulation
lation (EEC) No 85/75 (2) ;
                                                                   are in accordance with the Opinion of the Manage­
                                                                   ment Committee for Cereals,
Having regard to Council Regulation (EEC) No
1 693 /72 (3 ) of 3 August 1972 establishing the criteria
for the mobilization of cereals to be used as food aid ,
and in particular Article 6 thereof ;                              HAS ADOPTED THIS REGULATION :
Whereas on 21 March 1974 the Council of the Euro­
                                                                                          Article 1
pean Communities declared that it proposed , by way
of Community action , to grant the equivalent of 5 000
metric tons of common wheat, in the form of 3 311                   1 . An invitation to tender shall be issued in respect
metric tons of common wheat flour, to the Republic                 of the supply of 1411 metric tons of commpn wheat
of the Philippines under its 1973/74 food-aid                      flour to the Republic of the Philippines by way of
                                                                   Community food-aid action .
programme ;
                                                                   2. The tendering procedure shall take place in the
Whereas shipping possibilities allow for a tender for              Kingdom of Belgium and shall be in respect of a
one lot of 1 411 metric tons of flour ;                            single lot.
Whereas pursuant to Article 3 (3) of Council Regula­               3 . The product shall be mobilized on the Commu­
tion (EEC) No 1693/72 the goods may be purchased                   nity market.
anywhere on the Community market ;
                                                                   4.    Shipment shall be from Antwerp.
Whereas tenders should be invited for the supply of
the product to the port of shipment in the vicinity of             5 . The product referred to in paragraph 1 is to be
the vessel , the goods to be set down at the place nomi­           delivered in new cotton sacks of a net capacity of 50
nated by the recipient or its agent ;                              kilogrammes to the port of shipment in the vicinity of
                                                                   the vessel . The goods must be set down at the place
Whereas       the  contract   should    be     awarded  to ., the  nominated by the recipient country or its agent, the
tenderer who makes the best offer ;                                timing of delivery being settled by the tenderer and
                                                                   the recipient country's agent.
Whereas it must be made clear who is to bear any                   6.    The following shall be printed on the sacks :
costs which arise in the event that for reasons of force
majeure the operation in question is not completed                 'Wheat flour — Gift of the European Communities to
within the time stipulated ;                                       the Republic of the Philippines.'
Whereas provision should be made for security to be
                                                                                          Article 2
given to guarantee fulfilment of obligations arising by
virtue of participation in the invitation to tender for
the supply of goods to the Republic of the Philip­                  1.   The decision on tenders received in response to
pines,                                                             the invitation provided for in Article 1 shall be taken
                                                                   on 28 February 1975.
(>) OJ No 117, 19 . 6 . 1967 , p . 2269 / 67 .
(2 ) OJ No L 11 , 16 . 1 . 1975, p. 1 .                             2.   The closing date for submission of tenders shall
(3 ) OJ No L 178 , 5 . 8 . 1972, p. 3 .                            be 28 February 1975 at 12 noon .
 ---pagebreak--- 15 . 2 . 75                          Official Journal of the European Communities                           No L 41 / 15
3.     The    notice of   invitation  to  tender shall  be     — moisture : 14 % maximum ;
published in the Official Journal of the European              — protein content : 10-5 % minimum (N x 6-25 on
Communities not less than nine days before the                      dry matter) ;
closing date for submission of tenders .
                                                               — ash content : 0-52 % maximum referred to dry
                                                                    matter.
                          Article 3
                                                                                         Article 7
The contract shall be awarded to the tenderer offering
the best terms .
                                                                1 . The Belgian intervention agency shall be respon­
However, if the tenders submitted do not appear to             sible for operations relating to the invitations to
reflect normal market prices and costs, the interven­          tender provided for by this Regulation .
tion agency may cancel the invitation to tender.
                                                                2.     It shall forthwith communicate to the Commis­
                                                               sion the list of firms which have responded to the invi­
                          Article 4                            tation to tender, specifying the terms of each tender,
                                                                together with the name and business name of the
                                                                successful tenderer.
If the tenderer is unable to deliver the goods in
compliance with Article 1 (5) on the date given in the
notice of invitation to tender as a result of the late          3.     On the other hand, if the successful tenderer is
                                                                established in a Member State other than the one
availability of the vessels to be used for sea transporta­
tion , the resulting costs shall be borne by the interven­      collecting the tenders, and if the product is dispatched
tion agency .                                                   through a frontier post of the Member State where the
                                                               successful tenderer is established , the intervention
                                                               agency of the latter Member State shall be responsible
                          A rtic/e 5                            for the operations relating to the tendering.
1 . The successful tenderer shall give security in an           In this case, the intervention agency choosing the
amount of 10 units of account per metric ton of                successful tenderer shall immediately inform the inter­
goods ; the purpose of such security is to guarantee           vention agency of the Member State concerned and
performance of the operations specified in Articles 1           shall supply it with all the information which it may
and 6. The security shall be . forfeit if those operations      require .
are not carried out within the time stipulated, save as
regards quantities not delivered for reasons of force          4 . The intervention agency shall request the
majeure.                                                        successful tenderer to supply the following informa­
                                                                tion :
2. The security provided for in paragraph 1 may be             (a) after each shipment a certificate showing the quan­
given in the form of a cash deposit or of a guarantee               tities dispatched and the quality of the products ;
issued by a credit institution conforming to the
criteria laid down by the Member State .                       (b) the date of departure of the vessels.
                                •
                                                               The information indicated above shall be forwarded
                          Article 6                             by the intervention agency to the Commission imme­
                                                                diately upon receipt.
1.     The common wheat flour referred to in Article 1
to be supplied to the Republic of the Philippines                                        Article 8
must meet the following requirements :
— moisture : 14 % maximum ;                                     On delivery of the goods at the port of shipment, a
                                                                handing-over certificate shall be supplied to the
— protein content : 10-5 % minimum (N x 6-25 on
                                                               successful tenderer, acting as agent for the Commu­
     dry matter) ;
                                                                nity, by the agent of the recipient country or, in the
— ash content : 0-52 % maximum referred to dry                  absence of the latter, by the intervention agency of the
     matter .                                                   Member State in whose territory the port of shipment
                                                                is situated .
Flour not meeting these requirements shall be
refused .
                                                                                         Article 9
2. Tenders for supply to the Republic of the Philip­
pines of the common wheat flour referred to in                 This Regulation shall enter into force on the day of its
Article 1 must relate to a product with the following           publication in the Official Journal of the European
characteristics :                                               Communities.
 ---pagebreak--- No L 41 / 16                    Official Journal of the European Communities                        15 . 2 . 75
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 14 February 1975 .
                                                                    For the Commission
                                                                      P. J. LARDINOIS
                                                                Member of the Commission