CELEX: 31975R0183
Language: en
Date: 1975-01-24 00:00:00
Title: Regulation (EEC) No 183/75 of the Commission of 24 January 1975 opening an invitation to tender for the mobilization of common wheat flour as aid for the Republic of the Philippines

No L 20/20                              Official Journal of the European Communities                             25 . 1 . 75
                              REGULATION (EEC) No 183/75 OF THE COMMISSION
                                                      of 24 January 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/EEC (') of 13 June 1967 on the common organiza­                 the intervention agency ;
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 85/75 (2) ;                                       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 ,
 1693/72 (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
pean Communities declared by way of Community                                              Article 1
action it proposed to grant to the Republic of the
Philippines the equivalent of 5 000 metric tons of                 1.    An invitation to tender shall be issued in respect
common wheat, in the form of flour, i.e. 3 311 metric
                                                                   of the supply of 1 900 metric tons of common wheat
tons of common wheat flour, under its 1973/74 food­
                                                                   flour to the Republic of the Philippines by way of
aid programme ;                                                    Community food-aid action .
Whereas shipping possibilities only allow for an                   2. The tendering procedure shall take place in the
immediate tender for one lot of 1 900 metric tons of
                                                                   Kingdom of Belgium and shall be in respect of a
flour ;                                                            single lot.
Whereas pursuant to Article 3 (3) of Council Regula­               3 . The goods 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
costs which arise in the event that for reasons of force           6.    The following shall be printed on the sacks :
 majeure the operation in question is not completed
within the time stipulated ;                                       'Wheat flour — Gift of the European Communities to
                                                                   the Republic of the Philippines.'
Whereas provision should be made for security to be
given to guarantee fulfilment of obligations arising by                                    Article 2
virtue of participation in the invitation to tender for
the supply of goods to the Republic of the Philip­
pines ;
                                                                   1 . The award of the contract shall take place on 7
                                                                   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 7 February 1975 at 12 noon .
 ---pagebreak--- 25 . 1 . 75                         Official Journal of the European Communities                           No L 20/21
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 who
makes the most favourable offer.
                                                               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         3.     On the other hand , if the successful tenderer is
notice of invitation to tender as a result of the late
                                                               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
                         Article 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 operation 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
                                                               4 . The intervention agency shall request the
regards quantities not delivered for reasons of force
 majeure.
                                                               successful tenderer to supply the following informa­
                                                               tion :
2. The security referred to 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 which satisfies the
criteria laid down by each 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
— protein content : 10-5% minimum (N x 6-25 on                  handing-over certificate shall be supplied to the
     dry matter) ;                                             successful tenderer, acting as agent for the Commu­
                                                                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 :                                              C.omnmnities.
 ---pagebreak--- No L 20 /22                    Official Journal of the European Communities                        25 . 1 . 75
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 24 January 1975.
                                                                   For the Commission
                                                                       The President
                                                                  François-Xavier ORTOLI