31975R2855
No L 283/60 Official Journal of the European Communities 1 . 11 . 75
REGULATION (EEC) No 2855/75 OF THE COMMISSION of 31 October 1975 opening an invitation to tender for the mobilization of common wheat as aid for the Islamic Republic of Pakistan
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 (1) 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) ;
Having regard to Council Regulation (EEC) No HAS ADOPTED THIS REGULATION : 1 693/72 (3) of 3 August 1972 laying down the condi tions for the mobilization of cereals as food aid, and in particular Article 6 thereof ; Article 1 Whereas on 3 March 1975 the Council of the Euro pean Communities declared that by way of Commu 1 . Tenders are hereby invited for the supply, by nity action it proposed to grant the Islamic Republic way of Community food-aid action, to the Islamic of Pakistan 24 000 metric tons of common wheat Republic of Pakistan of 24 000 metric tons of under its 1974/75 food-aid programme ; common wheat.
Whereas an analysis of the state of the cereals market 2. The tendering procedure shall take place in with reference to cereals intervention in Belgium indi Belgium in one lot. cates that the criteria of Article 3 (2) of Council Regu lation (EEC) No 1693/72 should be applied and that the intervention agency of the Member State as speci 3 . The product shall be mobilized by the Belgian fied should mobilize the cereals from those stocked in intervention agency from the stores specified in the its own stores and should also determine the condi Annex . tions of mobilization ; 4. Loading shall take place for shipment from any Whereas tenders should be invited for the supply of Community port. the product to the port of shipment in the vicinity of the vessel, the goods to be set down at the place nomi 5. The product referred to in paragraph 1 is to be nated by the recipient or its agent ; delivered in bulk to the port of shipment in the Whereas the contract should be awarded to the vicinity of the vessel. The goods must be set down at tenderer offering the best terms ; the place nominated by the recipient country or its agent, the timing of delivery being settled by the Whereas in case it should be impossible for reasons of tenderer and the recipient country's agent. force majeure to complete the operations in question within the set time limits, it must be made clear who is to bear any costs resulting therefrom ; Article 2
Whereas provision should be made for security to be 1 . The decision on tenders received in response to given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender the invitation provided for in Article 1 shall be taken on 14 November 1975 . for the supply of wheat to the Islamic Republic of Pakistan ; 2. The closing date for the receipt of tenders shall Whereas the Belgian intervention agency should be be 14 November 1975 at 12 noon . made responsible for the tendering procedure in ques tion ; 3 . The notice of invitation to tender shall be published in the Official Journal of the European (') OJ No 117, 19 . 6 . 1967, p. 2269/67. Communities, not less than nine days before the (2) OJ No L 72, 20 . 3 . 1975, p. 14. (3) OJ No L 178 , 5 . 8 . 1972, p. 3 . closing date for submission of tenders.
1 . 11 . 75 Official Journal of the European Communities No L 283/61
Article 3 2. It shall forthwith communicate to the Commis sion the list of firms which have responded to the invi The contract shall be awarded to the tenderer who tation to tender, specifying the terms of each tender, makes the most favourable offer. together with the name and business name of the successful tenderer. However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven 3 . On the other hand, if the successful tenderer is tion agency may cancel the invitation to tender. established in a Member State other than the one Article 4 collecting the tenders, and if the product is dispatched through a frontier post of the Member State where the If the tenderer is unable to deliver the goods in successful tenderer is established, the intervention compliance with Article 1 (5) on the date given in the agency of the latter Member State shall be responsible notice of invitation to tender as a result of the late for the operations relating to the tendering. availability of the vessels to be used for sea transporta tion, the resulting costs shall be borne by the interven In this case, the intervention agency choosing the tion agency. successful tenderer shall immediately inform the inter vention agency of the Member State concerned and Article 5 shall supply it with all the information which it may require . 1 . The successful tenderer shall give security of a value of five units of account per metric ton of the 4. The intervention agency shall request the product ; the security is intended to guarantee that the successful tenderer to* supply the following informa operations specified in Article 1 are duly completed. tion : The security shall be forfeited if those operations are (a) after each shipment a certificate showing the quan not carried out within the prescribed time limit, save tities dispatched and the quality of the products ; as regards quantities not delivered owing to force majeure. (b) the date of departure of the vessels.
2. The security required under paragraph 1 may be The information indicated above shall be forwarded provided in the form of a cash deposit or of a by the intervention agency to the Commission imme guarantee issued by a credit institution conforming to diately upon receipt. criteria laid down by each Member State.
Article6¶
The common wheat referred to in Article 1 to be On delivery of the goods at the port of shipment, a supplied to the Islamic Republic of Pakistan must be handing-over certificate shall be supplied to the of fair and sound merchantable quality and corres successful tenderer, acting as agent for the Commu pond at least to the standard quality for which the nity, by the agent of the recipient country, or, in the intervention price is fixed, except that the moisture absence of the latter, by the intervention agency of the content shall not exceed 14-5 % and that a maximum Member State in whose territory the port of shipment of 3 % of sprouted grains and 1 -5 % of miscellaneous is situated . impurities shall be allowed.
Article 9 Article 7 1 . The Belgian 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 . Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 31 October 1975 . For the Commission P.J. LARDINOIS Member of the Commission
No L 283 /62 Official Journal of the European Communities 1 . 11 . 75
ANNEXE — ANHANG — ALLEGATO — BIJLAGE — BILAG — ANNEX
Numéro du lot Port d'embarquement Tonnage à mettre en fob Lieu de stockage Nummer der Lose Verschiffungshafen Nach fob zu bringende Menge Ort der Lagerhaltung Numero della partita Porto d'imbarco Tonnellaggio da mettere in fob Luogo di accantonamento Nummer van de partij Haven van inlading Fob aan te leveren hoeveelheid Adres van de opslagplaats Partiets nummer Indskibningshavn Mængde til levering fob Lagerplads Number of lot Port of shipment Metric tonnage fob Town at which stored
1 Ports 24 000 Tonnen communautaires dont : Gemeinschaftshäfen davon : Porti comunitari di cui : Havens van de I Gemeenschap waarvan : l Fællesskabshavne deraf : Community ports whereof : 10 000 t Racour I 500 t Poperingen II 10 000 t Gent I 500 t Bruxelles ll 1 000 t Liège 500 t Zeebrugge 1 000 t Seilles I\ 500 t Waremme