CELEX: 31975R3111
Language: en
Date: 1975-11-28 00:00:00
Title: Regulation (EEC) No 3111/75 of the Commission of 28 November 1975 opening a new invitation to tender for the mobilization of common wheat as food aid for the Republic of Malta

29 . 11 . 75                             Official Journal of the European Communities                        No L 309/ 53
                            REGULATION ( EEC) No 3111 /75 OF THE COMMISSION
                                                      of 28 November 1975
               opening a new invitation to tender for the mobilization of common wheat as
                                              food aid for the Republic of Malta
THE COMMISSION OF THE EUROPEAN                                      Whereas the measures provided for in this Regulation
COMMUNITIES,                                                        are in accordance with the Opinion of the Manage­
                                                                    ment Committee for Cereals,
Having regard to the Treaty establishing the European
Economic Community ;
Having regard to Council Regulation (EEC) No                        HAS ADOPTED THIS REGULATION :
2727/75 (') of 29 October 1975 on the common organ­
ization of the market in cereals ;
Having regard to Council Regulation (EEC) No                                                 Article 1
2750/75 (2) of 29 October 1975 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
                                                                    Malta, of 2 000 metric tons of common wheat.
Whereas on 3 March 1975 the Council of the Euro­
pean Communities declared that by way of Commu­                     2. The tendering procedure shall take place in
nity action it proposed to grant the Republic of Malta              Belgium in one lot.
2 000     metric  tons   of  common         wheat   under  the
 1974/75 food-aid programme ;                                       3 . The product shall be mobilized by the Belgian
Whereas an analysis of the state of the cereals market              intervention agency from the stores specified in the
                                                                    Annex .
with reference to cereals intervention in Belgium indi­
cates that the criteria of Article 3 (2) of Council Regu­
lation ( EEC) No 2750/75 should be applied and that                 4.    Shipment shall be from Antwerp.
the intervention agency of the Member States as speci­
fied should mobilize the cereals from those stocked in              5. The product referred to in paragraph 1 is to be
its own stores and should also determine the condi­                 delivered in bulk to the port of shipment in the
tions of mobilization ;                                             vicinity of the vessel . The goods must be set down at
                                                                    the place nominated by the recipient country or its
Whereas tenders should be invited for the supply of                 agent, the timing of delivery being settled by the
the product to the port of shipment in the vicinity of              tenderer and the recipient country's agent.
the vessel , the goods to be set down at the place nomi­
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
                                                                    on 12 December 1975 .
force majeure to complete the operations in question
within the set time limits, it must be made clear who
is to bear costs resulting therefrom ;                              2.    The closing date for the receipt of tenders shall
                                                                    be 12 December 1975 at 12 noon .
Whereas provision should be made for security to be
given to guarantee fulfilment of the obligations arising            3.    The   notice  of invitation  to tender shall   be
by virtue of participation in the invitation to tender              published in the Official Journal of the European
for the supply of common wheat to the Republic of                   Communities not less than nine days before the
Malta ;                                                             closing date for submission of tenders.
Whereas the Belgian intervention agency should be
made responsible for the tendering procedure in ques­                                        Article 3
tion ;
Whereas the Commission must be informed quickly                     The contract shall be awarded to the tenderer who
of the tenders submitted in response to the invitation              makes the most favourable offer.
and of those accepted by the intervention agency ;
                                                                    However, if the tenders submitted do not appear to
(') OJ No L 281 , 1 . 11 . 1975, p . 1 .                            reflect normal market prices and costs, the interven­
I2) OJ No L 281 , 1 . 11 . 1975, p. 89.                             tion agency may cancel the invitation to tender.
 ---pagebreak--- No L 309 / 54                        Official Journal of the European Communities                             29 . 11 . 75
                          Article 4                             tation to tender, specifying the terms of each tender,
                                                                together with the name and business name of the
If the tenderer is unable to deliver the goods in               successful tenderer.
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
availability of the vessels to be used for sea transporta­      established in a Member State other than the one
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
                          Article 5                             agency of the latter Member State shall be responsible
                                                                for the operations relating to the tendering.
1 . The successful tenderer shall give security of a
value of five units of account per metric ton of the            In this case, the intervention agency choosing the
product ; the security is intended to guarantee that the        successful tenderer shall immediately inform the inter­
operations specified in Article 1 are duly completed .          vention agency of the Member State concerned and
The security shall be forfeited if those operations are         shall supply it with all the information which it may
not carried out within the prescribed time limit, save          require .
as regards quantities not delivered owing to force              4.     The intervention agency shall request the
 majeure.                                                       successful tenderer to supply the following informa­
                                                                tion :
2. The security required under paragraph 1 may be
provided in the form of a cash deposit or of a                  (a) after each shipment a certificate showing the quan­
guarantee issued by a credit institution conforming to               tities dispatched and the quality of the products ;
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
The common wheat referred to in Article 1            to be      diately upon receipt.
supplied to the Republic of Malta must be of fair and
sound merchantable quality and correspond at least to                                    Article 8
the standard quality for which the intervention price
is fixed, except that the moisture content shall not            On delivery of the goods at the port of shipment, a
exceed 1 5 % and that a maximum of 3 % of sprouted              handing-over certificate shall be supplied to the
grains and 1-5 % of miscellaneous impurities shall be           successful tenderer, acting as agent for the Commu­
allowed .                                                       nity, by the agent of the recipient country, or, in the
                                                                absence of the latter, by the intervention agency of the
                          Article 7                             Member State in whose territory the port of shipment
                                                                is situated .
 1 . The Belgian intervention agency shall be respon­
sible for operations relating to the invitation to tender                                Article 9
provided for by this Regulation .
                                                                This Regulation shall enter into force on the day of its
2.      It shall forthwith communicate to the Commis­           publication in the Official Journal of the European
sion the list of firms which have responded to the invi­         Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels , 28 November 1975 .
                                                                            For the Commission
                                                                              P.J. LARDINOIS
                                                                        Member of the Commission
 ---pagebreak--- 29 . 11 . 75                       Official Journal of the European Communities                                   No L 309/ 55
                     ANNEXE — ANHANG — ALLEGATO — BIJLAGE — BILAG — ANNEX
                Numéro du lot       Port d'embarquement    Tonnage à mettre en fob          Lieu de stockage
              Nummer der Lose         Verschiffungshafen Nach fob zu bringende Menge      Ort der Lagerhaltung
             Numero de' la partita     Porto d'imbarco   Tonnellaggio da mettere in fob Luogo di accantonamento
             Nummer van de partij    Haven van inlading  Fob aan te leveren hoeveelheid Adres van de opslagplaats
               Partiets nummer        Indskibningshavn      Mængde til levering fob            Lagerplads
                Number of lot         Port of shipment        Metric tonnage fob         Town at which stored
                        1           Anvers                        2 000 tonnes
                                                                            dont :
                                                                           davon :
                                                                          di cui :
                                                                        waarvan :
                                                                            deraf :
                                                                        whereof :
                                                                     500 tonnes          Poperinge
                                                                     500 tonnes          Marbais
                                                                   1 000 tonnes          Seilles