31975R3042
No L 303/ 18 Official Journal of the European Communities 22. 11 . 75
REGULATION (EEC) No 3042/75 OF THE COMMISSION of 21 November 1975 opening an invitation to tender for the mobilization of common wheat as food aid for the International Committee of the Red Cross
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 (EEC) No ment Committee for Cereals, 2727/75 ( J) of 29 October 1975 on the common organ ization of the market in cereals ;
HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 2750/75 (2) of 29 October 1975 laying down the condi tions for the mobilization of cereals as food aid, and Article 1 in particular Article 6 thereof ; 1 . Tenders are hereby invited for the supply, by Whereas on 21 March 1974 the Council of the Euro way of Community food-aid action , to the Interna pean Communities declared that by way of Commu tional Committee of the Red Cross of 1 400 metric nity action it proposed to grant the International tons of common wheat. Committee of the Red Cross 1 400 metric tons of common wheat under the 1973/74 food-aid 2. The tendering procedure shall take place in programme ; Belgium in four lots. Whereas an analysis of the state of the cereals market 3 . The product shall be mobilized by the Belgian with reference to cereals intervention in Belgium indi intervention agency from the stores specified in the cates that the criteria of Article 3 (2) of Council Regu Annex . lation (EEC) No 2750/75 should be applied and that the intervention agency of the Member State as speci 4. Loading shall take place for shipment from any fied should mobilize the cereals from those stocked in Community port. its own stores and should also determine the condi tions of mobilization ; 5. The invitation to tender provided for in para graph 1 is fQr supply of products delivered cif, that is Whereas the proposed invitation to tender should be to say, actually placed on the quay in one of the ports for supply of the products cif, that is to say, actually of unloading listed in the Annex. placed on the quay at the port of unloading ; 6. Successful tenderers shall deliver the products Whereas the contract should be awarded to the specified in paragraph 1 cif to the port indicated in tenderer offering the best terms ; Annex II, in new jute sacks of a net capacity of 50 kilogrammes. Whereas in case it should be impossible for reasons of force majeure to complete the operations in question On the sacks shall be printed a Red Cross, 15 cm by within the set time limits, it must be made clear who 1 5 cm, as well as the following : is to bear costs resulting therefrom ; 'Wheat — Gift of the European Economic Commu Whereas provision should be made for security to be nity/Action of the International Committee of the Red Cross for free distribution in India'. given for the purpose of guaranteeing that the obliga tions arising by virtue of participation in the invita tion to tender for supplies to the International Article 2 Committee of the Red Cross will be fulfilled ;
Whereas the Belgian intervention agency should be 1 . The decision on tenders received in response to made responsible for the tendering procedure in ques the invitation provided for in Article 1 shall be taken on 5 December 1975 . tion ;
(') OJ No L 281 , 1 . 11 . 1975, p. 1 . 2. The closing date for the receipt of tenders shall (2) OJ No L 281 , 1 . 11 . 1975, p. 89 . be 5 December 1975 at 12 noon .
22. 11 . 75 Official Journal of the European Communities No L 303/ 19
3. The notice of invitation to tender shall be 2 . It shall forthwith communicate to the Commis published in the Official Journal of the European sion the list of firms which have responded to the invi Communities not less than nine days before the tation to tender, specifying the terms of each tender, closing date for submission of tenders. together with the name and business name of the successful tenderer. Article 3 The contract shall be awarded to the tenderer who 3 . On the other hand, if the successful tenderer is established in a Member State other than the one makes the most favourable offer. collecting the tenders, and if the product is dispatched However, if the tenders submitted do not appear to through a frontier post of the Member State where the correspond to normal market prices and costs, the successful tenderer is established, the intervention intervention agency may cancel the invitation to agency of the latter Member State shall be responsible tender. for the operations relating to the tendering.
Article 4 In this case, the intervention agency choosing the 1 . The successful tenderer shall give security of a successful tenderer shall immediately inform the inter value of five units of account per metric ton of the vention agency of the Member State concerned and product ; the security is intended to guarantee that the shall supply it with all the information which it may operations specified in Article 1 are duly completed. require. TTie security shall be forfeited if those operations are not carried out within the prescribed time limit, save 4. The intervention agency shall request the as regards quantities not delivered owing to force successful tenderer to supply the following informa majeure. tion :
2. The security required under paragraph 1 may be provided in the form of a cash deposit or of a (a) after each shipment a certificate showing the quan guarantee issued by a credit institution conforming to tities dispatched and the quality of the products ; criteria laid down by each Member State. (b) the date of departure of the vessels ;
Article 5 (c) all possible contingencies which might occur The common wheat referred to in Article 1 to be during transportation of the products. supplied to the International Committee of the Red Cross must be of fair and sound merchantable quality The intervention agency shall transmit the informa and correspond at least to the standard quality for tion provided for to the Commission as soon as it is which the intervention price is fixed, except that the received . moisture content shall not exceed 15 % and that a maximum of 3 % of sprouted grains and 1 -5 % of miscellaneous impurities shall be allowed. Article 7 Article 6
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 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 November 1975.
For the Commission P. J. LARDINOIS Member of the Commission
No L 303/20 Official Journal of the European Communities 22. 11 . 75
ANNEX I
Port of shipment Metric tonnage fob Town at which stored
Community ports 1 400 whereof : 1 400 Waremme 500 Marbais 500 Floreffe I
ANNEX II
Number Port of unloading Minimum rate of unloading Tonnage cif of lot
1 Bombay 350 metric tons 2 Calcutta 350 metric tons II Customs of the port 3 Bombay 350 metric tons II 4 Calcutta 350 metric tons II