CELEX: 31975R0432
Language: en
Date: 1975-02-21 00:00:00
Title: Regulation (EEC) No 432/75 of the Commission of 21 February 1975 opening an invitation to tender for the mobilization of common wheat as aid for the Republic of India

22. 2 . 75                             Official Journal of the European Communities                         No L 48/ 11
                            REGULATION (EEC) No 432/75 OF THE COMMISSION
                                                     of 21 February 1975
                opening an invitation to tender for the mobilization of common wheat as aid
                                                  for the Republic of India
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
                                                                  ment Committee for Cereals,
Having regard to Council Regulation No 120/
67/ EEC ( 1 ) of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 85/75 (2) ;                                       HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC) No                                              Article 1
1693/72 (3) of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid, and
                                                                  1.    Tenders are hereby invited for the supply, by
in particular Article 6 thereof ;                                 way of Community food aid action, to the Republic of
                                                                  India of 150 000 metric tons of common wheat.
Whereas on 26 November 1974 the Council of the
European Communities declared that by way of                      2.    The tendering procedure shall take place in
Community action it proposed to grant the Republic                France in three lots of 50 000 metric tons each .
of India 150 000 metric tons of common wheat under
the 1974/75 food-aid programme ;                                  3 . The product shall be mobilized on the Commu­
                                                                  nity market.
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 1693/72 the goods may be purchased                  4.    Loading shall take place for shipment from any
anywhere on the Community market ;                                Community port.
                                                                  5 . The product referred to in paragraph 1 is to be
Whereas tenders should be invited for the supply of               delivered bulk to the port of shipment in the vicinity
the product to the port of shipment in the vicinity of            of the vessel . The goods must be set down at the place
the vessel, the goods to be set down at the place nomi­           nominated by the recipient country or its agent, the
nated by the recipient or its agent ;                             timing of delivery being settled by the tenderer and
                                                                  the recipient country's agent.
Whereas      the contract should be awarded           to the
tenderer offering the best terms ;
                                                                                          Article 2
Whereas in case it should be impossible for reasons of             1 . The decision on tenders received in response to
 force majeure to complete the operation in question              the invitation provided for in Article 1 shall be taken
within the set time limits, it must be made clear who             on 7 March 1975 .
is to bear any costs resulting therefrom ;
                                                                  2.    The closing date for submission of tenders shall
Whereas provision should be made for security to be               be 7 March 1975 at 12 noon .
given to guarantee fulfilment of the obligations arising
by virtue of participation in the invitation to tender            3.    The   notice of invitation to tender shall be
for the supply of wheat to the Republic of India ;                published in the Official Journal of the European
                                                                   Communities not less than nine days before the
Whereas the French intervention agency should be                  closing date for submission of tenders.
 made responsible for the tendering procedure in ques­
 tion ;                                                                                   Article 3
(!) OJ No 117, 19 . 6. 1967, p. 2269/67.                          The contract shall be awarded to the tenderer who
(2 ) OJ No L 11 , 16. 1 . 1975, p. 1 .
(>) OJ No L 178 , 5 . 8 . 1972, p. 3 .                             makes the most favourable offer.
 ---pagebreak---  No L 48/ 12                          Official Journal of the European Communities                              22. 2. 75
 However, if the tenders submitted do not appear to              2.     It shall forthwith communicate to the Commis­
 reflect normal market prices and costs, the interven­           sion the list of firms which have responded to the invi­
 tion agency may cancel the invitation to tender.                tation to tender, specifying the terms of each tender,
                                                                 together with the name and business name of the
                           Article 4                             successful tenderer.
  If the tenderer is unable to deliver the goods in              3.     On the other hand, if the successful tenderer is
                                                                 established in a Member State other than the one
 compliance with Article 1 (5) on the date given in the
  notice of invitation to tender as a result of the late         collecting the tenders, and if the product is dispatched
  availability of the vessels to be used for sea transporta­     through a frontier post of the Member State where the
  tion, the resulting costs shall be borne by the interven­      successful tenderer is established, the intervention
  tion agency.                                                   agency of the latter Member State shall be responsible
                                                                 for the operations relating to the tendering.
                           Article 5                             In this case, the intervention ageny choosing the
                                                                 successful tenderer shall immediately inform the inter­
  1 . The successful tenderer shall give security of a           vention agency of the Member State concerned and
  value of five units of account per metric ton of the           shall supply it with all the information which it may
  product ; the security is intended to guarantee that the       require.
  operations specified in Article 1 are duly completed.
  The security shall be forfeited if those operations are        4. The intervention agency shall request the
  not carried out within the prescribed time limit save          successful tenderer to supply the following informa­
  as regards quantities not delivered owing to force             tion :
   majeure.                                                      (a) after each shipment a certificate showing the quan­
  2. The security required under paragraph 1 may be                   tities dispatched and the quality of the products ;
  provided in the form of a cash deposit or of a                 (b) the date of departure of the ships.
  guarantee issued by a credit institution conforming to         The information indicated above shall be forwarded
  criteria laid down by each Member State.                       by the intervention agency to the Commission imme­
                                                                 diately upon receipt.
                           Article 6
                                                                                           Article 8
  The common wheat referred to in Article 1 to be
  supplied to the Republic of India must be of fair and          On delivery of the goods at the port of shipment,- a
  sound merchantable quality and correspond at least to           handing-over certificate shall be supplied to the
  the standard quality for which the intervention price           successful tenderer acting as agent for the Commu­
  is fixed, except that the humidity shall not exceed             nity, by the agent of the recipient country or, in the
   14-5 % and that a maximum tolerance of 3 % of                  absence of the latter, by the intervention agency of the
■ sprouted grains and 1 -5 % of miscellaneous impuri­             Member State in whose territory the port of shipment
   ties shall be allowed .                                        is situated .
                           Article 7                                                       Article 9
   1 . The French 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 February 1975.
                                                                             For the Commission
                                                                                P. J. LARDINOIS
                                                                         Member of the Commission