31975R0373

No L 41 / 14 Official Journal of the European Communities 15 . 2 . 75

REGULATION ( EEC) No 373 / 75 OF THE COMMISSION

of 14 February 1975

opening an invitation to tender for the mobilization of common wheat flour as aid for the Republic of the Philippines

THE COMMISSION OF THE EUROPEAN Whereas the Belgian intervention agency should be COMMUNITIES , made responsible for organizing the invitation to tender ;

Having regard to the Treaty establishing the European Whereas it is important that the Commission be Economic Community ; informed without delay of the tenders submitted in response to the invitation and of those accepted by Having regard to Council Regulation No 120/ the intervention agency ; 67/ EECC ) of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ Whereas the measures provided for in this Regulation lation ( EEC) No 85/ 75 (2 ) ; are in accordance with the Opinion of the Manage­ ment Committee for Cereals, Having regard to Council Regulation (EEC) No 1 693 / 72 (3 ) of 3 August 1972 establishing the criteria for the mobilization of cereals to be used as food aid , HAS ADOPTED THIS REGULATION : and in particular Article 6 thereof ;

Whereas on 21 March 1974 the Council of the Euro­ Article 1 pean Communities declared that it proposed , by way of Community action , to grant the equivalent of 5 000 1 . An invitation to tender shall be issued in respect metric tons of common wheat, in the form of 3 311 of the supply of 1411 metric tons of commpn wheat metric tons of common wheat flour, to the Republic flour to the Republic of the Philippines by way of of the Philippines under its 1973/74 food-aid Community food-aid action . programme ;

2. The tendering procedure shall take place in the Whereas shipping possibilities allow for a tender for Kingdom of Belgium and shall be in respect of a one lot of 1 411 metric tons of flour ; single lot.

Whereas pursuant to Article 3 (3) of Council Regula­ 3 . The product shall be mobilized on the Commu­ tion (EEC) No 1693/72 the goods may be purchased nity market . anywhere on the Community market ; 4. Shipment shall be from Antwerp.

Whereas tenders should be invited for the supply of 5 . The product referred to in paragraph 1 is to be the product to the port of shipment in the vicinity of delivered in new cotton sacks of a net capacity of 50 the vessel , the goods to be set down at the place nomi­ nated by the recipient or its agent ; kilogrammes to the port of shipment in the vicinity of the vessel . The goods must be set down at the place nominated by the recipient country or its agent, the Whereas the contract should be awarded to ., the timing of delivery being settled by the tenderer and tenderer who makes the best offer ; the recipient country's agent.

Whereas it must be made clear who is to bear any 6 . The following shall be printed on the sacks : costs which arise in the event that for reasons of force majeure the operation in question is not completed 'Wheat flour — Gift of the European Communities to within the time stipulated ; the Republic of the Philippines .'

Whereas provision should be made for security to be Article 2 given to guarantee fulfilment of obligations arising by virtue of participation in the invitation to tender for 1 . The decision on tenders received in response to the supply of goods to the Republic of the Philip­ the invitation provided for in Article 1 shall be taken pines , on 28 February 1975 .

(>) OJ No 117, 19 . 6 . 1967 , p . 2269 / 67 . (2 ) OJ No L 11 , 16 . 1 . 1975, p. 1 . 2 . The closing date for submission of tenders shall (3 ) OJ No L 178 , 5 . 8 . 1972, p. 3 . be 28 February 1975 at 12 noon .

15 . 2 . 75 No L 41 / 15 Official Journal of the European Communities

3 . The notice of invitation to tender shall be — moisture : 14 % maximum ; published in the Official Journal of the European — protein content : 10-5 % minimum (N x 6-25 on Communities not less than nine days before the dry matter) ; closing date for submission of tenders . — ash content : 0-52 % maximum referred to dry

matter . Article 3

Article 7 The contract shall be awarded to the tenderer offering the best terms . 1 . The Belgian intervention agency shall be respon­ sible for operations relating to the invitations to However, if the tenders submitted do not appear to tender provided for by this Regulation . reflect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. 2 . It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ Article 4 tation to tender, specifying the terms of each tender, together with the name and business name of the successful tenderer. If the tenderer is unable to deliver the goods in compliance with Article 1 (5) on the date given in the 3 . On the other hand, if the successful tenderer is notice of invitation to tender as a result of the late established in a Member State other than the one availability of the vessels to be used for sea transporta­ collecting the tenders, and if the product is dispatched tion , the resulting costs shall be borne by the interven­ through a frontier post of the Member State where the tion agency . successful tenderer is established , the intervention agency of the latter Member State shall be responsible A rtic/e 5 for the operations relating to the tendering.

In this case, the intervention agency choosing the 1 . The successful tenderer shall give security in an successful tenderer shall immediately inform the inter­ amount of 10 units of account per metric ton of vention agency of the Member State concerned and goods ; the purpose of such security is to guarantee shall supply it with all the information which it may performance of the operations specified in Articles 1 require . and 6 . The security shall be . forfeit if those operations are not carried out within the time stipulated, save as 4 . The intervention agency shall request the regards quantities not delivered for reasons of force successful tenderer to supply the following informa­ majeure. tion :

2. The security provided for in paragraph 1 may be (a) after each shipment a certificate showing the quan­ given in the form of a cash deposit or of a guarantee tities dispatched and the quality of the products ; issued by a credit institution conforming to the (b) the date of departure of the vessels . criteria laid down by the Member State . • The information indicated above shall be forwarded Article 6 by the intervention agency to the Commission imme­ diately upon receipt.

1 . The common wheat flour referred to in Article 1 to be supplied to the Republic of the Philippines Article 8 must meet the following requirements :

— moisture : 14 % maximum ; On delivery of the goods at the port of shipment, a handing-over certificate shall be supplied to the — protein content : 10-5 % minimum (N x 6-25 on successful tenderer, acting as agent for the Commu­ dry matter) ; nity, by the agent of the recipient country or, in the — ash content : 0-52 % maximum referred to dry absence of the latter, by the intervention agency of the

matter . Member State in whose territory the port of shipment is situated . Flour not meeting these requirements shall be refused . Article 9 2 . Tenders for supply to the Republic of the Philip­ pines of the common wheat flour referred to in This Regulation shall enter into force on the day of its Article 1 must relate to a product with the following publication in the Official Journal of the European characteristics : Communities.

No L 41 / 16 15 . 2 . 75 Official Journal of the European Communities

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

Done at Brussels, 14 February 1975 .

For the Commission

P. J. LARDINOIS

Member of the Commission