CELEX: 31975R2924
Language: en
Date: 1975-11-07 00:00:00
Title: Regulation (EEC) No 2924/75 of the Commission of 7 November 1975 opening a new invitation to tender for the mobilization of common wheat as food aid for the Arab Republic of Yemen

8 . 11 . 75                            Official Journal of the European Communities                        No L 290/ 17
                            REGULATION (EEC) No 2924/75 OF THE COMMISSION
                                                    of 7 November 1975
               opening a new invitation to tender for the mobilization of common wheat as
                                         food aid for the Arab Republic of Yemen
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
organization of the market in cereals ;
                                                                  HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC) No
2750/75 (2) 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 ;
                                                                  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 Arab Repu­
pean Communities declared that by way of Commu­                   blic of Yemen, of 7 500 metric tons of common
nity action it proposed to grant the Arab Republic of             wheat.
Yemen 7 500 metric tons of common wheat under
the 1974/75 food-aid programme ;                                  2. The tendering procedure shall take place in
                                                                  Belgium in one lot.
Whereas an analysis of the state of the cereals market
with reference to cereals intervention in Belgium indi­           3 . The product shall be mobilized by the Belgian
cates that the criteria of Article 3 (2) of Council Regu­         intervention agency from the stores specified in the
lation (EEC) No 2750/75 should be applied and that                Annex.
the intervention agency of the Member State as speci­
fied should mobilize the cereals from those stocked in            4.    Loading shall take place for shipment from any
its own stores and should also determine the condi­               Community port.
 tions of mobilization ;
                                                                  5 . The product referred to in paragraph 1 is to be
Whereas tenders should be invited for the supply of               delivered in bulk to the port of shipment in the
 the product to the port of shipment in the vicinity of           vicinity of the vessel . The goods must be set down at
 the vessel, the goods to be set down at the place nomi­          the place nominated by the recipient country or its
 nated by the recipient or its agent ;                            agent, the 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 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 21 November 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 21 November 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 Arab Republic              published in the Official Journal of the European
 of Yemen ;                                                        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 . 11 . 1975, p. 89.                           makes the most favourable offer.
 ---pagebreak--- No L 290/ 18                        Official Journal of the European Communities                              8 . 11 . 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
tion agency may cancel the invitation to tender.               invitation to tender, specifying the terms of each
                                                               tender, together with the name and business name of
                         Article 4                             the 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 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
                                                                                        Article 8
The common wheat referred to in Article 1 to be
supplied to the Arab Republic of Yemen must be of              On delivery of the goods at the port of shipment, a
fair and sound merchantable quality and correspond             handing-over certificate shall be supplied to the
at least to the standard quality for which the interven­       successful tenderer, acting as agent for the Commu­
tion price is fixed, except that the moisture content          nity, by the agent of the recipient country, or, in the
shall not exceed 1 5 % and that a maximum 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 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, 7 November 1975.
                                                                          For the Commission
                                                                             P.J. LARDINOIS
                                                                      Member of the Commission
 ---pagebreak--- 8 . 11 . 75                      Official Journal of the European Communities                                   No L 290/ 19
                    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 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 ob            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 :
                                 \                                         900 t       Waremme
                                 Il                                      1 500 t       Racour
                                 Il                                     1 000 t        Liège
                                                                        1 924 t        Floreffe
            I                                                           2 176 t        Seilies