CELEX: 31975R0255
Language: en
Date: 1975-01-31 00:00:00
Title: Regulation (EEC) No 255/75 of the Commission of 31 January 1975 opening an invitation to tender for the mobilization of common wheat as aid for the Republic of Tunisia

No L 27/32                            Official Journal of the European Communities                               1 . 2 . 75
                             REGULATION (EEC) No 255 /75 OF THE COMMISSION
                                                      of 31 January 1975
                opening an invitation to tender for the mobilization of common wheat as aid
                                                 for the Republic of Tunisia
 THE COMMISSION OF THE EUROPEAN                                   HAS ADOPTED THIS REGULATION :
 COMMUNITIES,
 Having regard to the Treaty establishing the European                                    Article 1
 Economic Community ;
                                                                  1 . Tenderers are hereby invited for the supply, by
 Having regard to Council Regulation No 120/                      way of Community food-aid action , to the Republic of
 67/EEC (') of 13 June 1967 on the common organiza­               Tunisia of 7 500 metric tons of common wheat .
 tion of the market in cereals, as last amended by Regu­
 lation (EEC) No 85/75 (2) ;                                      2. The tendering procedure shall take place in the
 Having regard to Council Regulation (EEC) No                     Republic of France in one lot.
 1693/72 (3 ) of 3 August 1972 laying down the condi­
 tions for the mobilization of cereals as food aid, and           3 . The product shall be mobilized on the Commu­
 in particular Article 6 thereof ;                                nity market.
 Whereas on 21 March 1974 the Council of the Euro­                4.    Loading shall take place for shipment from any
 pean Communities declared that by way of Commu­                  port of the Mediterranean Sea .
 nity action it proposed to grant the Republic of
 Tunisia 7 500 metric tons of common wheat under                  5 . The product referred to in paragraph 1 is to be
 the 1973/74 food-aid programme ;                                 delivered in bulk to the port of shipment in the
                                                                  vicinity of the vessel. The goods must be set down at
 Whereas pursuant to Article 3 (3) of Council Regula­             the place nominated by the recipient country or its
 tion (EEC) No 1693/72 the goods may be purchased                 agent, the timing of delivery being settled by the
 anywhere on the Community market ;                               tenderer and the recipient country's agent.
Whereas tenders should be invited for the supply of
 the product to the port of shipment in the vicinity of                                   Article 2
 the vessel, the goods to be set down at the place nomi­
 nated by the recipient or its agent ;                            1 . The decision on tenders received in response to
Whereas      the  contract   should    be   awarded   to  the     the invitation provided for in Article 1 shall be taken
 tenderer offering the best terms ;                               on 14 February 1975.
Whereas in case it should be impossible for reasons of            2. The closing date for submission of tenders shall
 force majeure to complete the operation in question              be 14 February 1975 at 12 noon .
within the set time limits , it must be made clear who
                                                                  3.    The   notice  of  invitation to tender   shall    be
 is to bear any costs resulting therefrom ;
                                                                  published in the Official Journal of the European
Whereas provision should be made for security to be               Communities not less than nine days before the
given to guarantee fulfilment of the obligations arising          closing date for submission of tenders .
by virtue of participation in the invitation to tender
 for the supply of wheat to the Republic of Tunisia .
                                                                                          Article J
Whereas the French intervention agency should be
 made responsible for the tendering procedure in ques­            The contract shall be awarded to the tenderer who
 tion ;                                                           makes the most favourable offer .
Whereas the Commission must be informed quickly
                                                                  However, if the tenders submitted do not appear to
of the tenders submitted in response to the invitation
                                                                  reflect normal market prices and costs, the interven­
and of those accepted by the intervention agency ;
                                                                  tion agency may cancel the invitation to tender.
Whereas the measures provided for in this Regulation
are in accordance with the Opinion of the Manage­
                                                                                          Article 4
ment Committee for Cereals ,
(>) OJ No 117, 19. 6. 1967, p. 2269/67.                           If the tenderer is unable to deliver the goods in
    OJ No L 11 , 16 . 1 . 1975, p. 1 .                            compliance with Article 1 (5) on the date given in the
(3) OJ No L 178 , 5 . 8 . 1972, p. 3 .                            notice of invitation to tende'r as a result of the late
 ---pagebreak--- 1 . 2 . 75                           Official Journal of the European Communities                          No L 27/33
availability of the vessels to be used for sea transporta­     3.     On the other hand , if the successful tenderer is
tion , the resulting costs shall be borne by the interven­     established in a Member State other than the one
tion agency.                                                   collecting the tenders, and if the product is dispatched
                                                               through a frontier post of the Member State where the
                          Article 5                            successful tenderer is established, the intervention
                                                               agency of the latter Member State shall be responsible
1 . The successful tenderer shall give security of a           for the operations relating to the tendering.
value of five units of account per metric ton of the
product ; the security is intended to guarantee that the       In this case, the intervention agency choosing the
operations specified in Article 1 are duly completed .         successful tenderer shall immediately inform the inter­
The security shall be forfeited if those operations are        vention agency of the Member State concerned and
not carried out within the prescribed time limit, save         shall supply it with all the information which it may
as regards quantities not delivered owing to force             require .
majeure.
                                                               4. The intervention agency shall request the
2. The security required under paragraph 1 may be              successful tenderer to supply the following informa­
provided in the form of a cash deposit or of a                 tion :
guarantee issued by a credit institution conforming to
criteria laid down by each Member State .                      (a) after each shipment a certificate showing the quan­
                                                                    tities dispatched and the quality of the products ;
                          Article 6                            (b) the date of departure of the ships.
The common wheat referred to in Article 1            to be     The information indicated above shall be forwarded
supplied to the Republic of Tunisia must be of fair            by the intervention agency to the Commission imme­
and sound merchantable quality and correspond at               diately upon receipt.
least to the standard quality for which the interven­
tion price is fixed, except that the humidity shall not                                 Article 8
exceed 1 5-5 % and that a maximum tolerance of 3 %
of sprouted grains and 1-5 % of miscellaneous impuri­          On delivery of the goods at the port of shipment, a
ties shall be allowed .                                         handing-over certificate shall be supplied to the
                                                               successful tenderer acting as agent for the Commu­
                          Article 7                             nity, by the agent of the recipient country or, in the
                                                               absence of the latter, by the intervention agency of the
1 . The French intervention agency shall be respon­             Member State in whose territory the port of shipment
sible for operations relating to the invitation to tender       is situated .
provided for by this Regulation .
2.      It shall forthwith communicate to the Commis­                                   Article 9
sion the list of firms which have responded to the invi­
tation to tender, specifying the terms of each tender,         This Regulation shall enter into force on the day of its
together with the name and business name of the                 publication in the Official Journal of the European
successful tenderer.                                            Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 31 January 1975 .
                                                                           For the Commission
                                                                              P.J. LARDINOIS
                                                                       Member of the Commission