CELEX: 31975R0599
Language: en
Date: 1975-03-07 00:00:00
Title: Regulation (EEC) No 599/75 of the Commission of 7 March 1975 opening an invitation to tender for the mobilization of common wheat as aid for the People's Republic of Bangladesh

8 . 3 . 75                             Official Journal of the European Communities                         No L 63 / 13
                            REGULATION (EEC) No 599/75 OF THE COMMISSION
                                                       of 7 March 1975
                opening an invitation to tender for the mobilization of common wheat as aid
                                          for the People's Republic of Bangladesh
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 No 120/                      HAS ADOPTED THIS REGULATION :
67/ EEC (') 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 ) ;
                                                                                          Article 1
Having regard to Council Regulation (EEC) No
 1693 /72 (3) of 3 August 1972 laying down the condi­             1 . Tenders are hereby invited for the supply, by
tions for the mobilization of cereals as food aid, and           way of Community food aid action , to the People's
in particular Article 6 thereof ;                                Republic of Bangladesh of 100 000 metric tons of
                                                                 common wheat .
Whereas on 30 January 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 People's Republic           France in five lots of 20 000 metric tons each .
of Bangladesh 100 000 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
anywhere on the Community market ;                               4.    Loading shall take place for shipment from any
                                                                 Community port.                                 '
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 bulk to the port of shipment in the
nated by the recipient country or its agent ;                    vicinity of the vessel . The goods must be set down at
                                                                 the place nominated by the recipient country or its
Whereas      the  contract   should     be    awarded to  the    agent, the timing of delivery being settled by the
tenderer offering the best terms ;                               tenderer and the recipient country's agent.
Whereas in case it should be impossible for reasons of
force majeure to complete the operation in question                                       Article 2
within the set time limits , it must be made clear who
is to bear any costs resulting therefrom ;
                                                                  1 . The decision on tenders received in response to
Whereas provision should be made for security to be              the invitation provided for in Article 1 shall be taken
                                                                 on 24 March 1 975 .
given to guarantee fulfilment of the obligations arising
by virtue of participation in the invitation to tender
for the supply of wheat to the People's Republic of              2.    The closing date for the receipt of tenders shall
                                                                 be 24 March 1975 at 12 noon .
Bangladesh ;
Whereas the French intervention agency should be                 3.    The   notice  of   invitation to tender  shall be
made responsible for the tendering procedure in ques­            published in the Official Journal of the European
tion ;                                                            Communities not less than nine days before the
                                                                 closing date for submission of tenders.
Whereas the Commission must be informed quickly
of the tenders submitted in response to the invitation
and of those accepted by the intervention agency ;                                        Article 3
(') OJ No 117, 19 . 6 . 1967, p . 2269 / 67 .
                                                                 The contract shall be awarded to the tenderer who
H OJ No L 11 , 16 . 1 . 1975, p. 1 .
 3 OJ No L 178 , 5 . 8 . 1972, p. 3 .                            makes the most favourable offer.
 ---pagebreak--- No L 63/ 14                          Official Journal of the European Communities                               8 . 3 . 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
                                                               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 tenderer shall give security of a value of five        vention agency of the Member State concerned and
units of account per metric ton of the product ; for            shall supply it with all the information which it may
the successful tenderer the security is intended to             require .
guarantee that the operations specified in Article 1 are
duly completed . The security shall be forfeited if those       4. The intervention agency shall request the
operations are not carried out within the prescribed            successful tenderer to supply the following informa­
time limit, save as regards quantities not delivered            tion :
owing to force 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 People's Republic of Bangladesh must            On delivery of the goods at the port of shipment, a
be 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 15-5 % 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 port of shipment
impurities shall be allowed .                                    is situated .
                          Article 7                                                       A rticle 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 .                               Com ni unities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels , 7 March 1 975 .
                                                                            For the Commission
                                                                               P.J. LARDINOIS
                                                                        /Member of the Commission