31975R0255

No L 27/32 Official Journal of the European Communities 1 . 2 . 75

REGULATION (EEC) No 255 /75 OF THE COMMISSION of 31 January 1975 opening an invitation to tender for the mobilization of common wheat as aid for the Republic of Tunisia

THE COMMISSION OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES,

Having regard to the Treaty establishing the European Article 1 Economic Community ; 1 . Tenderers are hereby invited for the supply, by Having regard to Council Regulation No 120/ way of Community food-aid action , to the Republic of 67/ EEC (') of 13 June 1967 on the common organiza­ Tunisia of 7 500 metric tons of common wheat . tion of the market in cereals, as last amended by Regu­ lation (EEC) No 85/75 (2) ; 2. The tendering procedure shall take place in the Republic of France in one lot. Having regard to Council Regulation (EEC) No 1693/72 (3 ) of 3 August 1972 laying down the condi­ 3 . The product shall be mobilized on the Commu­ tions for the mobilization of cereals as food aid , and nity market. in particular Article 6 thereof ; Whereas on 21 March 1974 the Council of the Euro­ 4. Loading shall take place for shipment from any pean Communities declared that by way of Commu­ port of the Mediterranean Sea . nity action it proposed to grant the Republic of Tunisia 7 500 metric tons of common wheat under 5 . The product referred to in paragraph 1 is to be delivered in bulk to the port of shipment in the the 1973/74 food-aid programme ; vicinity of the vessel. The goods must be set down at Whereas pursuant to Article 3 (3) of Council Regula­ the place nominated by the recipient country or its tion (EEC) No 1693/72 the goods may be purchased agent, the timing of delivery being settled by the anywhere on the Community market ; tenderer and the recipient country's agent.

Whereas tenders should be invited for the supply of the product to the port of shipment in the vicinity of Article 2 the vessel , the goods to be set down at the place nomi­ nated by the recipient or its agent ; 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken Whereas the contract should be awarded to the on 14 February 1975 . tenderer offering the best terms ; Whereas in case it should be impossible for reasons of 2. The closing date for submission of tenders shall force majeure to complete the operation in question be 14 February 1975 at 12 noon . within the set time limits , it must be made clear who 3 . The notice of invitation to tender shall be is to bear any costs resulting therefrom ; published in the Official Journal of the European Whereas provision should be made for security to be Communities not less than nine days before the given to guarantee fulfilment of the obligations arising closing date for submission of tenders . by virtue of participation in the invitation to tender for the supply of wheat to the Republic of Tunisia . Article J Whereas the French intervention agency should be made responsible for the tendering procedure in ques­ The contract shall be awarded to the tenderer who tion ; makes the most favourable offer .

Whereas the Commission must be informed quickly However, if the tenders submitted do not appear to of the tenders submitted in response to the invitation reflect normal market prices and costs , the interven­ and of those accepted by the intervention agency ; tion agency may cancel the invitation to tender. Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ Article 4 ment Committee for Cereals , If the tenderer is unable to deliver the goods in (>) OJ No 117, 19 . 6 . 1967, p. 2269 / 67. compliance with Article 1 ( 5) on the date given in the OJ No L 11 , 16 . 1 . 1975, p. 1 . (3) OJ No L 178 , 5 . 8 . 1972, p. 3 . notice of invitation to tende'r as a result of the late

1 . 2 . 75 No L 27/33 Official Journal of the European Communities

availability of the vessels to be used for sea transporta­ 3 . On the other hand , if the successful tenderer is tion , the resulting costs shall be borne by the interven­ established in a Member State other than the one tion agency. collecting the tenders, and if the product is dispatched through a frontier post of the Member State where the Article 5 successful tenderer is established , the intervention agency of the latter Member State shall be responsible 1 . The successful tenderer shall give security of a for the operations relating to the tendering. value of five units of account per metric ton of the product ; the security is intended to guarantee that the In this case, the intervention agency choosing the operations specified in Article 1 are duly completed . successful tenderer shall immediately inform the inter­ The security shall be forfeited if those operations are vention agency of the Member State concerned and not carried out within the prescribed time limit, save shall supply it with all the information which it may as regards quantities not delivered owing to force require . majeure. 4. The intervention agency shall request the 2. The security required under paragraph 1 may be successful tenderer to supply the following informa­ provided in the form of a cash deposit or of a tion : guarantee issued by a credit institution conforming to (a) after each shipment a certificate showing the quan­ criteria laid down by each Member State . tities dispatched and the quality of the products ; Article 6 (b) the date of departure of the ships.

The common wheat referred to in Article 1 to be The information indicated above shall be forwarded supplied to the Republic of Tunisia must be of fair by the intervention agency to the Commission imme­ and sound merchantable quality and correspond at diately upon receipt. least to the standard quality for which the interven­ tion price is fixed, except that the humidity shall not Article 8 exceed 1 5-5 % and that a maximum tolerance of 3 % of sprouted grains and 1-5 % of miscellaneous impuri­ On delivery of the goods at the port of shipment, a ties shall be allowed . handing-over certificate shall be supplied to the successful tenderer acting as agent for the Commu­ Article 7 nity, by the agent of the recipient country or, in the absence of the latter, by the intervention agency of the 1 . The French intervention agency shall be respon­ Member State in whose territory the port of shipment sible for operations relating to the invitation to tender is situated . provided for by this Regulation .

2 . It shall forthwith communicate to the Commis­ Article 9 sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, This Regulation shall enter into force on the day of its together with the name and business name of the publication in the Official Journal of the European successful tenderer. Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 31 January 1975 .

For the Commission

P.J. LARDINOIS Member of the Commission