31975R1720

No L 174/6 Official Journal of the European Communities 5 . 7 . 75

REGULATION ( EEC) No 1720/75 OF THE COMMISSION

of 4 July 1975

opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Kenya

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 No 120/ ment Committee for Cereals, 67/EEC ( ! ) of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ lation (EEC) No 665/75 (2) ; ' HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 1 693/72 (3) of 3 August 1972 laying down the condi­ Article 1 tions for the mobilization of cereals as food aid, and 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 Republic of Kenya, of 5 000 metric tons of common wheat. pean Communities declared that by way of Commu­ nity action it proposed to grant the Republic of Kenya 5 000 metric tons of common wheat under the 2. The tendering procedure shall take place in Luxembourg in one lot. 1974/75 food-aid programme ;

3 . The product shall be mobilized by the interven­ Whereas an analysis of the state of the cereals market tion agency 'Silocentrale' in Mersch, Luxembourg. with reference to cereals intervention in Luxembourg indicates that the criteria of Article 3 (2) of Council 4. Loading shall take place for shipment from any Regulation (EEC) No 1693/72 should be applied and Community port.„ that the intervention agency of the Member State as specified should mobilize the cereals from those stocked in its own stores and should also determine 5 . The product referred to in paragraph 1 is to be delivered in bulk to the port of shipment in the the conditions of mobilization ; vicinity of the vessel . The goods must be set down at the place nominated by the recipient country or its Whereas tenders should be invited for the supply of agent, the timing of delivery being settled by the the product to the port of shipment in the vicinity of tenderer and the recipient country's agent. the vessel, the goods to be set down at the place nomi­ nated by the recipient or its agent ;

Article 2 Whereas the contract should be awarded to the tenderer- offering the best terms ; 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken Whereas in case it should be impossible for reasons of on 18 July 1975 . force majeure to complete the operations in question within the set time limits, it must be made clear who 2. The closing date for the receipt of tenders shall is to bear any costs resulting therefrom ; be 18 July 1975 at 12 noon .

Whereas provision should be made for security to be 3 . The notice of invitation to tender shall be given to guarantee fulfilment of the obligations arising published in the Official Journal of the European by virtue of participation in the invitation ; Communities, not less than nine days before the closing date for submission of tenders. Whereas the Luxembourg intervention agency should be made responsible for the tendering procedure in question ; Article 3

;') OJ No 117, 19 . 6. 1967, p. 2269/67. The contract shall be awarded to the tenderer who J2 ) OJ No L 72, 20 . 3 . 1975 , p. 14. ■;3 OJ No L 178 , 5 . 8 . 1972, p. 3 . makes the most favourable offer.

5 . 7 . 75 No L 174/7 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 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. 4. The intervention agency shall request the The security shall be forfeited if those operations are successful tenderer to supply the following informa­ not carried out within the prescribed time limit, save tion : as regards quantities not delivered owing to force majeure. (a) after each shipment a certificate showing the quan­ tites dispatched and the quality of the products ; 2. The security required under paragraph 1 may be (b) the date of departure of the vessels. provided in the form of a cash deposit or of a The information indicated above shall be forwarded guarantee issued by a credit institution .conforming to 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 must be On delivery of the goods at the port of shipment, a 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 1 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 p6rt of shipment impurities shall be allowed. is situated .

Article7¶

1 . The Luxembourg intervention agency shall be This Regulation shall enter into force on the day of its responsible for operations relating to the invitation to publication in the Official Journal of the European tender provided for by this Regulation . Communities.

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

Done at Brussels, 4 July 1975.

For the Commission

P.J. LARDINOIS

Member of the Commission