CELEX: 31974R2444
Language: en
Date: 1974-09-27 00:00:00
Title: Regulation (EEC) No 2444/74 of the Commission of 27 September 1974 opening a new invitation to tender for the mobilization of common wheat as aid for Malta

28 . 9 . 74                                   Official Journal of the European Communities                          No L 262/7
                                 REGULATION ( EEC) No 2444/74 OF THE COMMISSION
                                                          of 27 September 1974
                opening a new invitation to tender for the mobilization of common wheat as aid
                                                                 for Malta
THE COMMISSION OF THE EUROPEAN                                           Whereas provision should be made for security to be
COMMUNITIES,                                                             given to guarantee fulfilment of the obligations arising
                                                                         by virtue of participation in the invitation to tender
Having regard to the Treaty establishing the European                    for the supply of wheat to Malta ;
Economic Community ;
Having regard to Council Regulation No 120 /                             Whereas the French intervention agency should be
67/ EEC ( l ) of 13 June 1967 on the common organiza­                    made responsible for the tendering procedure in ques­
tion of the market in cereals, as last amended by Regu­                  tion ;
lation ( EEC) No 1 996/74 (-) ;
Having regard to Council Regulation ( EEC) No                            Whereas the Commission must be informed quickly
 1 693/72 (3 ) of 3 August 1972 laying down the condi­                   of the tenders submitted in response to the invitation
tions for the mobilization of cereals as food aid , and                  and of those accepted by the intervention agency ;
in particular Article 6 thereof ;
Having regard to Council Regulation ( EEC) No                            Whereas the prices of common wheat on the world
974/71 (4 ) of 12 May 1971 covering certain measures                     market exceed at this time to a marked extent the
of conjunctural policy to be taken in the agricultural                   prices ruling in the Community for that product ;
sector following the temporary widening of the                           whereas on the basis of data currently available no
margins of fluctuation in the currencies of certain                      immediate change in this position is to be foreseen ;
Member States, as last amended by Regulation (EEC)                       whereas under these conditions tenderers can ' reason­
No 3450 / 73 (5 ), and in particular Article 6 ( 1 ) thereof ;           ably expect that at the time of delivery of the products
Whereas on 21 March 1974 the Council of the Euro­                        in the tender no monetary compensatory amount will
pean Communities declared that by way of Commu­                          be applied to the export by virtue of Article 4a (2) of
nity action it proposed to grant Malta 2 000 metric                      Regulation ( EEC) No 974/ 71 ; whereas however the
tons of common wheat under the 1973 / 74 food-aid                        Commission has proposed to the Council the suppres­
programme ;
                                                                         sion of Article 4a (2) aforesaid ; whereas this measure
                                                                         will have the effect of applying under all circum­
Whereas the invitation to tender opened in the                           stances the monetary compensatory amount for tran­
Community under Commission Regulation ( EEC) No                          sactions with Member States with depreciated curren­
2304/74 (6) of 6 September 1974 opening an invitation                    cies and in particular the levying of this amount on
to tender for the mobilization of common wheat as                        exports ; whereas in order not to hinder the execution
 food aid for Malta was not allocated ; whereas a new                    of this present food aid it is expedient to provide that
invitation to tender should therefore be opened ;                        any compensatory amount that might be applied
Whereas pursuant to Article 3 (3) of Council Regula­                     following the suppression of Article 4a (2) aforesaid
tion ( EEC) No 1693 /72 the goods may be purchased                       shall not be levied for the products to be delivered by
anywhere on the Community market ;                                       virtue of this present invitation to tender ;
Whereas tenders should be invited for the supply of
the product to the port of shipment in the vicinity of                   Whereas the measures provided for in this Regulation
the vessel , the goods to be set down at the place nomi­                 are in accordance with the Opinion of the Manage­
                                                                         ment Committee for Cereals ,
 nated by the recipient or its agent ;
Whereas       the    contract     should      be   awarded   to the
tenderer offering the best terms ;
Whereas in case it should be impossible for reasons of
                                                                         HAS ADOPTED THIS REGULATION :
 farce majeure to complete the operation in question
within the set time limits, it must be made clear who
is to bear any costs resulting therefrom ;
                                                                                                 Art ii !e 1
(')  OJ  No   117, 19 . 6 . 1967, p . 2269 / 67 .
(-') OJ  No   L 209 , 31 . 7 . 1974, p. 1 .
(3 ) OJ  No   L 178 , 5 . 8 . 1972, p. 3 .
(■») OJ  No   L 106 , 12 . 5 . 1971 , p. 1 .                              1 . Tenders are hereby invited for the supply, by
(5 ) OJ  No   L VS .?, 22 . 12 . 1973 , p . 25 .                         way of Community food aid action , to Malta of 2 000
( b) OJ  No   L 245 , 7 . 9 . 1 974, p. 1 5 .                            metric tons of common wheat .                   <
 ---pagebreak---    No L 262/8                          Official Journal of the European Communities                               28 . 9 . 74
   2. The tendering procedure shall take place in the             table quality and correspond at least to the standard
   Republic of France in one lot.                                 quality for which the intervention price is fixed,
                                                                  except that the moisture content shall not exceed
   3 . The product shall be mobilized on the Commu­
                                                                  15-5% and that a maximum of 3% of sprouted
   nity market.
                                                                 grains and 1-5 % of miscellaneous impurities shall be
  4. Loading shall take place for shipment from one               allowed .
   port of the Mediterranean Sea.
                                                                                           Article 7
   5. The product referred to in paragraph 1 is to be
  delivered in bulk to the port of shipment in the                1 . The French intervention agency shall be respon­
  vicinity of the vessel . The goods must be set down at          sible for operations relating to the invitation to tender
  the place nominated by the recipient country or its             provided for by this Regulation .
  agent, the timing of delivery being settled by the
                                                                  2.     It shall forthwith communicate to the Commis­
  tenderer and the recipient country's agent.
                                                                 sion the list of firms which have responded to the invi­
                            Article 2                             tation to tender, specifying the terms of each tender,
                                                                  together with the name and business name of the
   1 . The decision on tenders received in response to           successful tenderer.
  the invitation provided for in Article 1 shall be taken
  on 11 October 1974 .                                           3.      On the other hand , if the successful tenderer is
                                                                 established in a Member State other than the one
  2.     The closing date for the receipt of tenders shall       collecting the tenders, and if the product is dispatched
  be 11 October 1974 at 12 noon .
                                                                 through a frontier post of the Member State where the
  3.     The   notice   of  invitation to   tender  shall be     successful tenderer is established , the intervention
  published in the Official Journal of the European              agency of the latter Member State shall be responsible
   Communities not less than nine days before the                 for the operations relating to the tendering.
  closing date for submission of tenders.                        In this case , the intervention agency choosing the
                                                                 successful tenderer shall immediately inform the inter­
                            Article 3
                                                                 vention agency of the Member State concerned and
  The contract shall be awarded to the tenderer who              shall supply it with all the information which it may
  makes the most favourable offer.                               require .
  However, if the tenders submitted do not appear to             4 . The intervention agency shall request the
  reflect normal market prices and costs, the interven­          successful tenderer to supply the following informa­
  tion agency may cancel the invitation to tender.               tion :
                                                                 (a) after each shipment a certificate showing the quan­
                            Article 4
                                                                      tities dispatched and the quality of the products ;
  If the tenderer is unable to deliver the goods in              (b) the date of departure of the vessels .
  compliance with Article 1 (5) on the date given in the         The information indicated above shall be forwarded
  notice of invitation to tender as a result of the late
                                                                 by the intervention agency to the Commission imme­
  availability of the vessels to be used for sea transporta­
                                                                 diately upon receipt.
  tion , the resulting costs shall be borne by the interven­
  tion agency.                                                                             Article 8
                            Article 5                            On delivery of the goods at the port of shipment, a
   1 . The successful tenderer shall give security of a          handing-over certificate shall be supplied to the
  value of five units of account per metric ton of the           successful tenderer acting as agent for the Commu­
  product ; the security is intended to guarantee that the       nity, by the agent of the recipient country or, in the
  operations specified in Article 1 are duly completed .         absence of the latter, by the intervention agency of the
  The security shall be forfeited if those operations are        Member State in whose territory the port of shipment
                                                                 is situated .
  not carried out within the prescribed time limit, save
  as regards quantities not delivered owing to force
                                                                                           Article 9
  majeure.
  2 . The security required under paragraph 1 may be             The monetary compensatory amount shall not be
  provided in the form of a cash deposit or of a                 levied for the products to be delivered under this
  guarantee issued by a credit institution conforming to         Regulation .
  criteria laid down by each Member State .
                                                                                           Article 10
                            Article 6
                                                                 This Regulation shall enter into force on the day of its
  The common wheat referred to in Article            1 to be     publication in the Official Journal of the European
  supplied to Malta must be of fair and sound merchan­           Communities.
I
I
 ---pagebreak--- 28 . 9 . 74                    Official Journal of the European Communities                        No L 262/ 9
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 27 September 1974.
                                                                   For the Commission
                                                                       The President
                                                                  Francois-Xavier ORTOLI