CELEX: 31974R2702
Language: en
Date: 1974-10-25 00:00:00
Title: Regulation (EEC) No 2702/74 of the Commission of 25 October 1974 opening an invitation to tender for the mobilization of common wheat as aid for the Democratic Republic of the Sudan

No L 289 / 10                            Official Journal of the European Communities                            26 . 10 . 74
                             REGULATION (EEC) No 2702/74 OF THE COMMISSION
                                                       of 25 October 1974
                opening an invitation to tender for the mobilization of common wheat as aid
                                         for the Democratic Republic of the Sudan
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 1996/74 (2);
                                                                    HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC) No
1 693/72 (3) of 3 August 1972 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 Democratic
pean' Communities declared that by way of Commu­                    Republic of the Sudan , of 5 000 metric tons of
nity action it proposed to grant the Democratic Repu­               common wheat.
blic of the Sudan 5 000 metric tons of common wheat
under the 1973/74 food-aid programme ;                              2. The tendering procedure shall take place in
                                                                    Belgium in one lot.
Whereas an analysis of the state of the cereals market
with reference to cereals intervention in Belgium indi­             3 . The product shall be mobilized by the Belgian
cates that the criteria of Article 3 (2) of Council Regu­           intervention agency from the stores specified in the
                                                                    Annex .
lation (EEC) No 1693/72 should be applied and that
the intervention agency of the Member State as speci­
fied should mobilize the cereals from those stocked in              4.    Loading shall take place for shipment from
its own stores and should also determine the condi­                 Antwerp.
tions of mobilization ;
                                                                    5 . The product referred to in paragraph 1 is to be
Whereas tenders should be invited for the supply of                 delivered in bulk to the port of shipment in the
the product to the port of shipment in the vicinity of              vicinity of the vessel. The goods must be set down at
the vessel, the goods to be set down at the place nomi­             the place nominated by the recipient country or its
 nated by the recipient or its agent ;                              agent, the timing of delivery being settled by the
                                                                    tenderer and the recipient country's agent.
Whereas       the  contract should        be   awarded  to  the
 tenderer offering the best terms ;
                                                                                            Article 2
Whereas in case it should be impossible for reasons of
force majeure to complete the operations in question                 1 . The decision on tenders received in response to
 within the set time limits, it must be made clear who               the invitation provided for in Article 1 shall be taken
 is to bear any costs resulting therefrom ;                          on 8 November 1974 .
 Whereas provision should be made for security to be                 2.    The closing date for the receipt of tenders shall
 given to guarantee fulfilment of the obligations arising            be 8 November 1974 at 12 noon .
 by virtue of participation in the invitation to tender
 for the supply of common wheat to the Democratic                    3.    The   notice of invitation   to  tender   shall  be
 Republic of the Sudan ;                                             published in the Official Journal of the European
                                                                     Communities, not less than nine days before the
 Whereas the Belgian intervention agency should be                   closing date for submission of tenders.
 made responsible for the tendering procedure in
 question ;
                                                                                             A rticle 3
 (') OJ No 117, 19 . 6 . 1967, p . 2269 / 67 .
 (2) OJ No L 209, 31 . 7. 1974, p. 1 .                               The contract shall be awarded to the tenderer who
 (3 ) OJ No L 178 , 5 . 8 . 1972, p. 3 .                             makes the most favourable offer.
 ---pagebreak--- 26 . 10 . 74                        Official Journal of the European Communities                          No L 289 / 11
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.
If the tenderer is unable to deliver the goods in              3.      On the other hand, if the successful tenderer is
                                                               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
availability of the vessels to be used for sea transporta­     through a frontier post of the Member State where the
tion, the resulting costs shall be borne by the interven­      successful tenderer is established, the intervention
tion agency.                                                   agency of the latter Member State shall be responsible
                                                               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 .
The security shall be forfeited if those operations are        4. The intervention agency shall request the
not carried out within the prescribed time limit, save          successful tenderer to supply the following informa­
as regards quantities not delivered owing to force              tion :
 majeure.                                                      (a) after each shipment a certificate showing the quan­
 2. The security required under paragraph 1 may be                   tities dispatched and the quality of the products ;
 provided in the form of a • cash deposit or of a               (b) the date of departure of the vessels.
guarantee issued by a credit institution conforming to          The information indicated above shall be forwarded
 criteria laid down by each Member State.                       by the intervention agency to the Commission imme­
                                                                diately upon receipt.
                          Article 6
 The common wheat referred to in Article 1 to be                                           Article 8
 supplied to the Democratic Republic of the Sudan               On delivery of the goods at the port of shipment, a
 must be of fair and sound merchantable quality and             handing-over certificate shall be supplied to the
 correspond at least to the standard quality for which          successful tenderer, acting as agent for the Commu­
 the intervention price is fixed, except that the mois­         nity, by the agent of the recipient country, or, in the
 ture   content shall    not exceed    15 %   and   that a      absence of the latter, by the intervention agency of the
 maximum of 3 % of sprouted grains and 1 -5 % of                Member State in whose territory the port of shipment
 miscellaneous impurities shall be allowed.                      is situated .
                          Article 7                                                        Article 9
  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, 25 October 1974.
                                                                            For the Commission
                                                                                The President
                                                                           Francois-Xavier ORTOLI
 ---pagebreak--- No L 289/ 12               Official Journal of the European Communities                       26 . 10 . 74
                                               ANNEX
             Number of lot Port of shipment           Metric tonnage fob Town at which stored
                 1            Antwerp              5 000
                                                            whereof :
                                                            3 000           Racour
                                                            2 000           Gent