CELEX: 31974R2304
Language: en
Date: 1974-09-06 00:00:00
Title: Regulation (EEC) No 2304/74 of the Commission of 6 September 1974 opening an invitation to tender for the mobilization of common wheat as aid for Malta

7. 9 . 74                               Official Journal of the European Communities                        No L 245/ 15
                            REGULATION ( EEC) No 2304/74 OF THE COMMISSION
                                                     of 6 September 1974
                opening an invitation to tender for the mobilization of common wheat as aid
                                                           for 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 No 120/                        HAS ADOPTED THIS REGULATION :
67/ EEC (') of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 1 996/74 (^) ;                                                              Article 1
Having regard to Council Regulation (EEC) No                       1 . Tenders are hereby invited for the supply, by
 1 693/72 (3 ) of 3 August 1972 laying down the condi­             way of Community food aid action, to Malta of 2 000
tions for the mobilization of cereals as food aid , and            metric tons of common wheat.
in particular Article 6 thereof ;
Whereas on 21 March 1974 the Council of the Euro­
                                                                   2. The tendering procedure shall take place in the
                                                                   Republic of France in one lot.
pean Communities declared that by way of Commu­
nity action it proposed to grant Malta 2 000 metric                3.    The product shall be mobilized on the Commu­
tons of common wheat under the 1973 / 74 food-aid
                                                                   nity market.
programme ;
Whereas an analysis of the state of the cereals market             4.    Loading shall take place for shipment from one
in the Community indicates that the criteria of Article            port of the Mediterranean Sea .
3 ( 1 ) of Council Regulation ( EEC) No 1693/72 should
be applied, and that the product should be bought on               5. The product referred to in paragraph 1 is to be
the Community market ;                                             delivered in bulk to the port of shipment in the
                                                                   vicinity of the vessel . The goods must be set down at
Whereas tenders should be invited for the supply of                the place nominated by the recipient country or its
the product to the port of shipment in the vicinity of             agent, the timing of delivery being settled by the
 the vessel , the goods to be set down at the place nomi­          tenderer and the recipient country's agent.
nated by the recipient or its agent ;
Whereas       the  contract should      be   awarded   to the                               Article 2
tenderer offering the best terms ;
                                                                   1 . The decision on tenders received in response to
Whereas in case it should be impossible for reasons of             the invitation provided for in Article 1 shall be taken
 force majeure to complete the operation in question               on 19 September 1974.
within the set time limits , it must be made clear who
 is to bear any costs resulting therefrom ;                        2. The closing date for the receipt of tenders shall
                                                                   be 19 September 1974 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 wheat to Malta ;                                Communities not less than nine days before the
                                                                   closing date for submission of tenders.
Whereas the French intervention agency should be
 made responsible for the tendering procedure in ques­
tion ;                                                                                      Article 3
Whereas the Commission must be informed quickly                    The contract shall be awarded to the tenderer who
of the tenders submitted in response to the invitation             makes the most favourable offer.
and of those accepted by the intervention agency ;
(') OJ No 117, 19 . 6 . 1967, p. 2269/67 .                         However, if the tenders submitted do not appear to
(2) OJ No L 209 , 31 . 7 . 1974, p. 1 .                            reflect normal market prices and costs, the interven­
(>) OJ No L 178 , 5 . 8 . 1972, p. 3 .                             tion agency may cancel the invitation to tender.
 ---pagebreak--- No L 245/ 16                        Official Journal of the European Communities                               7 . 9 . 74
                         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
availability of the vessels to be used for sea transporta­     established in a Member State other than the one
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
value of 5 units of account per metric ton of the              In this case, the intervention agency choosing the
product ; the security is intended to guarantee that the       successful tenderer shall immediately inform the inter­
operations specified in Article 1 are duly completed .         vention agency of the Member State concerned and
The security shall be forfeited if those operations are        shall supply it with all the information which it may
not carried out within the prescribed time limit, save         require .
as regards quantities not delivered owing to force             4. The intervention agency shall request the
 majeu re.                                                     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 df 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 Malta must be of fair and sound merchan­
table quality and correspond at least to the standard                                     Article 8
quality for which the intervention price is fixed,
except that the moisture content shall not exceed               On delivery of the goods at the port of shipment, a
 15-5 % and that a maximum of 3 % of sprouted                   handing-over certificate shall be supplied to the
grains and 1 -5 % of miscellaneous impurities shall be          successful tenderer acting as agent for the- Commu­
 allowed .                                                      nity, by the agent of the recipient country or, in the
                                                                absence of the latter, by the intervention agency of the
                         Article 7
                                                                Member State in whose territory the port of shipment
                                                                is situated .
 1 . The French 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
 sion the list of firms which have responded to the invi­       Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
                Done at Brussels, 6 September 1974.
                                                                           For the Commission
                                                                               The President
                                                                          Francois-Xavicr ORTOLI