CELEX: 31975R1720
Language: en
Date: 1975-07-05 00:00:00
Title: Regulation (EEC) No 1720/75 of the Commission of 4 July 1975 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Kenya

No L 174/6                              Official Journal of the European Communities                              5 . 7 . 75
                              REGULATION (EEC) No 1720/75 OF THE COMMISSION
                                                         of 4 July 1975
               opening an invitation to tender for the mobilization of common wheat as food
                                                aid for the Republic of Kenya
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 No 120/                        ment Committee for Cereals,
67/EEC ( ! ) of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 665/75 (2) ; '
                                                                   HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC) No
 1 693/72 (3) of 3 August 1972 laying down the condi­
                                                                                            Article 1
tions for the mobilization of cereals as food aid, and
in particular Article 6 thereof ;
                                                                   1 . Tenders are hereby invited for the supply, by
Whereas on 3 March 1975 the Council of the Euro­                   way of Community food-aid action to the Republic of
pean Communities declared that by way of Commu­                    Kenya, of 5 000 metric tons of common wheat.
nity action it proposed to grant the Republic of Kenya
5 000     metric  tons     of  common        wheat under   the     2. The tendering procedure shall take place in
 1974/75 food-aid programme ;                                      Luxembourg in one lot.
Whereas an analysis of the state of the cereals market             3.    The product shall be mobilized by the interven­
with reference to cereals intervention in Luxembourg               tion agency 'Silocentrale' in Mersch, Luxembourg.
indicates that the criteria of Article 3 (2) of Council
Regulation (EEC) No 1693/72 should be applied and                  4.    Loading shall take place for shipment from any
that the intervention agency of the Member State as                Community port.„
specified should mobilize the cereals from those
stocked in its own stores and should also determine                5 . The product referred to in paragraph 1 is to be
 the conditions of mobilization ;                                  delivered in bulk to the port of shipment in the
                                                                   vicinity of the vessel . The goods must be set down at
Whereas tenders should be invited for the supply of                the place nominated by the recipient country or its
 the product to the port of shipment in the vicinity of            agent, the timing of delivery being settled by the
 the vessel, the goods to be set down at the place nomi­           tenderer and the recipient country's agent.
 nated by the recipient or its agent ;
                                                                                            Article 2
 Whereas     the  contract     should     be  awarded  to  the
 tenderer- offering the best terms ;
                                                                    1 . The decision on tenders received in response to
 Whereas in case it should be impossible for reasons of            the invitation provided for in Article 1 shall be taken
 force majeure to complete the operations in question              on 18 July 1975 .
 within the set time limits, it must be made clear who
 is to bear any costs resulting therefrom ;                        2. The closing date for the receipt of tenders shall
                                                                   be 18 July 1975 at 12 noon .
 Whereas provision should be made for security to be
                                                                   3.    The   notice  of   invitation to tender  shall    be
 given to guarantee fulfilment of the obligations arising
 by virtue of participation in the invitation ;                     published in the Official Journal of the European
                                                                    Communities, not less than nine days before the
 Whereas the Luxembourg intervention agency should                 closing date for submission of tenders.
 be made responsible for the tendering procedure in
 question ;                                                                                  Article 3
  ;') OJ No 117, 19 . 6. 1967, p. 2269/67.
  J2 ) OJ No L 72, 20 . 3 . 1975 , p. 14.                          The contract shall be awarded to the tenderer who
■;3 OJ No L 178 , 5 . 8 . 1972, p. 3 .                              makes the most favourable offer.
 ---pagebreak---  5 . 7 . 75                         Official Journal of the European Communities                          No L 174/7
 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.
                                                              3.      On the other hand, if the successful tenderer is
If the tenderer is unable to deliver the goods in             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
                                                              successful tenderer is established, the intervention
tion, the resulting costs shall be borne by the interven­
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 agency 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
                                                              tion :
as regards quantities not delivered owing to force
majeure.                                                      (a) after each shipment a certificate showing the quan­
                                                                   tites dispatched and the quality of the products ;
2. The security required under paragraph 1 may be             (b) the date of departure of the vessels.
provided in the form of a cash deposit or of a
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 must be
                                                              On delivery of the goods at the port of shipment, a
of fair and sound merchantable quality and corres­            handing-over certificate shall be supplied to the
pond at least to the standard quality for which the           successful tenderer, acting as agent for the Commu­
intervention price is fixed, except that the moisture         nity, by the agent of the recipient country, or, in the
content shall not exceed 1 5 % and that a maximum
                                                              absence of the latter, by the intervention agency of the
of 3 % of sprouted grains and 1 -5 % of miscellaneous         Member State in whose territory the p6rt of shipment
impurities shall be allowed.                                  is situated .
                         Article 7                                                      Article 9
1 . The Luxembourg intervention agency shall be               This Regulation shall enter into force on the day of its
responsible for operations relating to the invitation to      publication in the Official Journal of the European
tender provided for by this Regulation .                      Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 4 July 1975.
                                                                          For the Commission
                                                                            P.J. LARDINOIS
                                                                     Member of the Commission