31975R3111

29 . 11 . 75 Official Journal of the European Communities No L 309/ 53

REGULATION ( EEC) No 3111 / 75 OF THE COMMISSION of 28 November 1975 opening a new invitation to tender for the mobilization of common wheat as food aid for the Republic of Malta

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 ( EEC) No HAS ADOPTED THIS REGULATION : 2727/75 (') of 29 October 1975 on the common organ­ ization of the market in cereals ; Article 1 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 1 . Tenders are hereby invited for the supply, by in particular Article 6 thereof ; way of Community food-aid action, to the Republic of Malta, of 2 000 metric tons of common wheat. Whereas on 3 March 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 Republic of Malta Belgium in one lot. 2 000 metric tons of common wheat under the 1974/75 food-aid programme ; 3 . The product shall be mobilized by the Belgian intervention agency from the stores specified in the Whereas an analysis of the state of the cereals market Annex . with reference to cereals intervention in Belgium indi­ cates that the criteria of Article 3 (2) of Council Regu­ 4. Shipment shall be from Antwerp . lation ( EEC) No 2750 /75 should be applied and that the intervention agency of the Member States as speci­ fied should mobilize the cereals from those stocked in 5. The product referred to in paragraph 1 is to be its own stores and should also determine the condi­ delivered in bulk to the port of shipment in the vicinity of the vessel . The goods must be set down at tions of mobilization ; 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 12 December 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 costs resulting therefrom ; be 12 December 1975 at 12 noon . Whereas provision should be made for security to be given to guarantee fulfilment of the obligations arising 3 . The notice of invitation to tender shall be by virtue of participation in the invitation to tender published in the Official Journal of the European for the supply of common wheat to the Republic of Communities not less than nine days before the Malta ; closing date for submission of tenders. Whereas the Belgian intervention agency should be made responsible for the tendering procedure in ques­ Article 3 tion ; The contract shall be awarded to the tenderer who Whereas the Commission must be informed quickly makes the most favourable offer . of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; However, if the tenders submitted do not appear to (') OJ No L 281 , 1 . 11 . 1975, p . 1 . reflect normal market prices and costs, the interven­ I2) OJ No L 281 , 1 . 11 . 1975, p. 89. tion agency may cancel the invitation to tender.

No L 309 / 54 Official Journal of the European Communities 29 . 11 . 75

Article 4 tation to tender, specifying the terms of each tender, together with the name and business name of the If the tenderer is unable to deliver the goods in successful tenderer. compliance with Article 1 ( 5) on the date given in the notice of invitation to tender as a result of the late 3 . On the other hand, if the successful tenderer is established in a Member State other than the one availability of the vessels to be used for sea transporta­ tion , the resulting costs shall be borne by the interven­ collecting the tenders , and if the product is dispatched tion agency. through a frontier post of the Member State where the successful tenderer is established, the intervention Article 5 agency of the latter Member State shall be responsible for the operations relating to the tendering . 1 . The successful tenderer shall give security of a In this case, the intervention agency choosing the value of five units of account per metric ton of the successful tenderer shall immediately inform the inter­ product ; the security is intended to guarantee that the vention agency of the Member State concerned and operations specified in Article 1 are duly completed . shall supply it with all the information which it may The security shall be forfeited if those operations are require . not carried out within the prescribed time limit, save as regards quantities not delivered owing to force 4. The intervention agency shall request the majeure. successful tenderer to supply the following informa­ 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 .

The information indicated above shall be forwarded Article 6 by the intervention agency to the Commission imme­ The common wheat referred to in Article 1 to be diately upon receipt. supplied to the Republic of Malta must be of fair and sound merchantable quality and correspond at least to Article 8 the standard quality for which the intervention price On delivery of the goods at the port of shipment, a is fixed, except that the moisture content shall not handing-over certificate shall be supplied to the exceed 1 5 % and that a maximum of 3 % of sprouted successful tenderer, acting as agent for the Commu­ grains and 1-5 % of miscellaneous impurities shall be allowed . nity, by the agent of the recipient country, or, in the absence of the latter, by the intervention agency of the Member State in whose territory the port of shipment Article 7 is situated . 1 . The Belgian intervention agency shall be respon­ sible for operations relating to the invitation to tender Article 9 provided for by this Regulation . This Regulation shall enter into force on the day of its 2 . It shall forthwith communicate to the Commis­ publication in the Official Journal of the European Communities. sion the list of firms which have responded to the invi­

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

Done at Brussels , 28 November 1975 .

For the Commission

P.J. LARDINOIS Member of the Commission

29 . 11 . 75 Official Journal of the European Communities No L 309/ 55

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 de' la 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 Anvers 2 000 tonnes dont : davon : di cui : waarvan : deraf : whereof :

500 tonnes Poperinge 500 tonnes Marbais 1 000 tonnes Seilles