31975R0599

8 . 3 . 75 No L 63 / 13 Official Journal of the European Communities

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 4. Loading shall take place for shipment from any anywhere on the Community market ; 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 the invitation provided for in Article 1 shall be taken Whereas provision should be made for security to be on 24 March 1 975 . given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender 2 . The closing date for the receipt of tenders shall for the supply of wheat to the People's Republic of 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 . makes the most favourable offer. 3 OJ No L 178 , 5 . 8 . 1972, p. 3 .

No L 63/ 14 8 . 3 . 75 Official Journal of the European Communities

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. 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 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 tion : time limit, save 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 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 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 .

Article7¶

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