31975R0432

22 . 2 . 75 Official Journal of the European Communities No L 48/ 11

REGULATION ( EEC) No 432/75 OF THE COMMISSION of 21 February 1975 opening an invitation to tender for the mobilization of common wheat as aid for the Republic of India

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 Whereas the measures provided for in this Regulation Economic Community ; are in accordance with the Opinion of the Manage­ ment Committee for Cereals, Having regard to Council Regulation No 120/ 67/ EEC ( 1 ) 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) ; HAS ADOPTED THIS REGULATION :

Having regard to Council Regulation (EEC) No Article 1 1693/72 (3) of 3 August 1972 laying down the condi­ tions for the mobilization of cereals as food aid, and 1 . Tenders are hereby invited for the supply, by in particular Article 6 thereof ; way of Community food aid action, to the Republic of India of 150 000 metric tons of common wheat. Whereas on 26 November 1974 the Council of the European Communities declared that by way of 2. The tendering procedure shall take place in Community action it proposed to grant the Republic France in three lots of 50 000 metric tons each . of India 150 000 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 4. Loading shall take place for shipment from any tion (EEC) No 1693/72 the goods may be purchased Community port. anywhere on the Community market ;

5 . The product referred to in paragraph 1 is to be Whereas tenders should be invited for the supply of delivered bulk to the port of shipment in the vicinity the product to the port of shipment in the vicinity of of the vessel . The goods must be set down at the place the vessel, the goods to be set down at the place nomi­ nominated by the recipient country or its agent, the nated by the recipient or its agent ; 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 operation in question the invitation provided for in Article 1 shall be taken within the set time limits, it must be made clear who on 7 March 1975 . is to bear any costs resulting therefrom ; 2. The closing date for submission of tenders shall Whereas provision should be made for security to be be 7 March 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 wheat to the Republic of India ; published in the Official Journal of the European Communities not less than nine days before the closing date for submission of tenders. Whereas the French intervention agency should be made responsible for the tendering procedure in ques­ tion ; Article 3

(!) OJ No 117, 19 . 6 . 1967, p. 2269/67. The contract shall be awarded to the tenderer who (2 ) OJ No L 11 , 16. 1 . 1975, p. 1 . makes the most favourable offer. (>) OJ No L 178 , 5 . 8 . 1972, p. 3 .

No L 48/ 12 Official Journal of the European Communities 22 . 2 . 75

2 . It shall forthwith communicate to the Commis­ However, if the tenders submitted do not appear to 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 . 3 . On the other hand, if the successful tenderer is If the tenderer is unable to deliver the goods in 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 through a frontier post of the Member State where the availability of the vessels to be used for sea transporta­ successful tenderer is established, the intervention tion, the resulting costs shall be borne by the interven­ agency of the latter Member State shall be responsible tion agency. for the operations relating to the tendering. Article 5 In this case, the intervention ageny 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 tion : as regards quantities not delivered owing to force majeure. (a) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; 2. The security required under paragraph 1 may be provided in the form of a cash deposit or of a (b) the date of departure of the ships. 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 Republic of India 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 humidity shall not exceed nity, by the agent of the recipient country or, in the 14-5 % and that a maximum tolerance 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 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 Communities. provided for by this Regulation .

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

Done at Brussels, 21 February 1975 . For the Commission

P. J. LARDINOIS Member of the Commission