CELEX: 31975R3112
Language: en
Date: 1975-11-28 00:00:00
Title: Regulation (EEC) No 3112/75 of the Commission of 28 November 1975 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Peru

No L 309 / 56                            Official Journal of the European Communities                           29 . 11 . 75
                              REGULATION (EEC) No 3112/75 OF THE COMMISSION
                                                      of 28 November 1975
               opening an invitation to tender for the mobilization of common wheat as food
                                                  aid for the Republic of Peru
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 (EEC) No                        ment Committee for Cereals,
2727/75 (') of 29 October 1975 on the common organ­
ization of the market in cereals ;
                                                                    HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC) No
2750 /75 0 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid, and                                       Article 1
in particular Article 6 thereof ;
Whereas on 3 March 1975 the Council of the Euro­
                                                                    1 . Tenders are hereby invited for the supply, by
                                                                    way of Community food-aid action, to the Republic of
pean Communities declared that by way of Commu­                     Peru, of 7 500 metric tons of common wheat.
nity action it proposed to grant the Republic of Peru
7 500   metric    tons    of common         wheat   under  the
                                                                    2.    The tendering procedure shall take place in
1 974/75 food-aid programme ;                                       Belgium in one lot.
Whereas an analysis of the state of the cereals market              3 . The product shall be mobilized by the Belgian
with reference to cereals intervention in Belgium indi­             intervention agency from the stores specified in the
cates that the criteria of Article 3 (2) of Council Regu­           Annex .
lation (EEC) No 2750 /75 should be applied and that
the intervention agency of the Member State as speci­               4.    Loading shall take place for shipment from any
fied should mobilize the cereals from those stocked in
                                                                    Community port.
its own stores and should also determine the condi­
tions of mobilization ;                                             5 . The product referred to in paragraph 1 is to be
                                                                    delivered in bulk to the port of shipment in the
Whereas tenders should be invited for the supply of                 vicinity of the vessel . The goods must be set down at
the product to the port of shipment in the vicinity of              the place nominated by the recipient country or its
the vessel , the goods to be set down at the place nomi­            agent, the timing of delivery being settled by the
nated by the recipient or its agent ;                               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 operations in question                the invitation provided for in Article 1 shall be taken
within the set time limits, it must be made clear who               on 12 December 1975 .
is to bear costs resulting therefrom ;
                                                                    2.    The closing date for the receipt of tenders shall
Whereas provision should be made for security to be                 be 12 December 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 common wheat to the Republic of                   published in the Official Journal of the European
Peru ;                                                               Communities, not less than nine days before the
                                                                    closing date for submission of tenders .
Whereas the Belgian intervention agency should be
made responsible for the tendering procedure in ques­
tion ;                                                                                       Article 3
(') OJ No L 281 , 1 . 11 . 1975, p . 1 .                            The contract shall be awarded to the tenderer who
(2 ) OJ No L 281 , 1 . 1 1 . 1975, p. 89 .                          makes the most favourable offer.
 ---pagebreak--- 29 . 11 . 75                        Official Journal of the European Communities                          No L 309 / 57
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 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
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 vessels .
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
The common wheat referred to in Article 1 to be                                         Article 8
supplied to the Republic of Peru 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 moisture content shall not           nity, by the agent of the recipient country, or, in the
exceed 1 5 % and that a maximum of 3 % of sprouted             absence of the latter, by the intervention agency of the
grains and 1-5 % of miscellaneous impurities shall be          Member State in whose territory the port of shipment
allowed .                                                      is situated .
                         Article 7                                                      Article 9
1 . The Belgian 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, 28 November 1975 .
                                                                          For the Commission
                                                                             P.J. LARDINOIS
                                                                      Member of the Commission
 ---pagebreak--- No L 309/58                      Official Journal of the European Communities                                   29 . 11 . 75
                    ANNEXE — ANHANG — ALLEGATO — BIJLAGE — BILAG — ANNEX
              Numéro du lot       Port d'embarquement    Quantité à mettre en fob         Lieu de stockage
             Nummer der Lose        Verschiffungshafen Nach fob zu bringende Menge      Ort der Lagerhaltung
            Numero della 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          Ports                          7 500 tonnes
                                  communautaires                          dont :
                                  Gemeinschaftshäfen                     davon :
                                  Porti comunitari                      di cui :
                                  Havens van de
                                  Gemeenschap                         waarvan :
                                  Fællesskabshavne                        deraf :
                                  Community ports                     whereof :
                                                                 1 000 tonnes          Waremme
                                                                 1 000 tonnes          Racour
                                                                 1 000 tonnes          Liège
                                                                 3 000 tonnes          Floreffe
                                                                 1 000 tonnes          Bruxelles
                                                                   500 tonnes          Zeebrugge