CELEX: 31974R2351
Language: en
Date: 1974-09-13 00:00:00
Title: Regulation (EEC) No 2351/74 of the Commission of 13 September 1974 opening an invitation to tender for the mobilization of common wheat as aid for the Republic of Indonesia

14 . 9 . 74                          Official Journal of the European Communities                         No L 251 / 33
                          REGULATION (EEC) No 2351 /74 OF THE COMMISSION
                                                  of 13 September 1974
              opening an invitation to tender for the mobilization of common wheat as aid
                                             for the Republic of Indonesia
THE COMMISSION OF THE EUROPEAN                                  Whereas the Dutch intervention agency should be
COMMUNITIES,                                                    made responsible for the tendering procedure in ques­
                                                                tion ;
Having regard to the Treaty establishing the European
Economic Community ;                                            Whereas the Commission must be informed quickly
                                                                of the tenders submitted in response to the invitation
Having regard to Council Regulation No 120/                     and of those accepted by the intervention agency ;
67/EEC ( 1) of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­         Whereas the measures provided for in this Regulation
lation (EEC) No 1996/74 (2) ;                                   are in accordance with the Opinion of the Manage­
                                                                ment Committee for Cereals,
Having regard to Council Regulation (EEC) No
1693/72 (3) of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid, and
                                                                HAS ADOPTED THIS REGULATION :
in particular Article 6 thereof ;
Whereas on 21 March 1974 the Council of the Euro­
                                                                                         Article 1
pean Communities declared that by way of Commu­
nity action it proposed to grant the Republic of Indo­
nesia 21 000 metric tons of common wheat under the               1 . Tenders are hereby invited for the supply, by
1973/74 food-aid programme ;                                    way of Community food aid action , to the Republic of
                                                                Indonesia of 21 000 metric tons of common wheat.
Whereas an analysis of the state of the cereals market
with reference to cereals intervention in the Nether­           2. The tendering procedure shall take place in the
                                                                Netherlands in one lot.
lands indicates that the criteria of Article 3 (2) of
Council Regulation (EEC) No 1693/72 should be
applied and that the intervention agency of the                 3 . The product shall be mobilized by the Dutch
Member State as specified should mobilize the cereals           intervention agency from the stores specified in the
from those stocked in its own stores and should also            Annex.
determine the conditions of mobilization ;
                                                                4. Loading shall take place for shipment from one
Whereas tenders should be invited for the supply of             port of the Community.
the product to the port of shipment in the vicinity of
the vessel, the goods to be set down at the place nomi­         5. The product referred to in paragraph 1 is to be
nated by the recipient or its agent ;                           delivered in bulk to the port of shipment in the
                                                                vicinity of the vessel . The goods must be set down at
Whereas     the  contract   should    be  awarded   to  the     the place nominated by the recipient country or its
tenderer offering the best terms ;                              agent, the timing of delivery being settled by the
                                                                tenderer and the recipient country's agent.
Whereas in case it should be impossible for reasons of
force majeure to complete the operation in question                                      Article 2
within the set time limits, it must be made clear who
 is to bear any costs resulting therefrom ;
                                                                 1 . The decision on tenders received in response to
 from ;                                                          the invitation provided for in Article 1 shall.be taken
                                                                 on 27 September 1974.
Whereas provision should be made for security to be
given to guarantee fulfilment of the obligations arising         2. The closing date for the receipt of tenders shall
by virtue of participation in the invitation to tender           be 27 September 1974 at 12 noon .
 for the supply of wheat to the Republic of Indonesia ;          3.    The   notice of   invitation to  tender  shall be
(•) OJ No 117, 19 . 6. 1967, p. 2269/67.                         published in the Official Journal of the European
I1) OJ No L 209, 31 . 7. 1974, p. 1 .                            Communities not less than nine days before the
(>) OJ No L 178 , 5. 8 . 1972, p. 3.                             closing date for submission of tenders.
 ---pagebreak--- No L 251 /34                        Official Journal of the European Communities                              14. 9 . 74
                         Article 3                             2.     It shall forthwith communicate to the Commis­
The contract shall be awarded to the tenderer who
                                                               sion the list of firms which have responded to the invi­
makes the most favourable offer.
                                                               tation to tender, specifying the terms of each tenders,
                                                               together with the name and business name of the
However, if the tenders submitted do not appear to             successful tenderer.
reflect normal market prices and costs, the interven­
tion agency may cancel the invitation to tender.               3.     On the other hand, if the successful tenderer is
                                                               established in a Member State other than the one
                         Article 4                             collecting the tenders, and if the product is dispatched
                                                               through a frontier post of the Member State where the
If the tenderer is unable to deliver the goods in              successful tenderer is established, the intervention
compliance with Article 1 (5) on the date given in the         agency of the latter Member State shall be responsible
notice of invitation to tender as a result of the late         for the operations relating to the tendering.
availability of the vessels to be used for sea transporta­
tion, the resulting costs shall be borne by the interven­      In this case the intervention agency choosing the
tion agency.                                                  successful tenderer shall immediately inform the inter­
                                                              vention agency of the Member State concerned and
                         Article 5                            shall supply it with all the information which it may
                                                               require.
1 . The successful tenderer shall give security of a
value of 5 units of account per metric ton of the             4. The intervention agency shall request the
product ; the security is intended to guarantee that the      successful tenderer to supply the following informa­
operations specified in Article 1 are duly completed.          tion :
The security shall be forfeited if those operations are
not carried out within the prescribed time limit, save        (a) after each shipment a certificate showing the quan­
as regards quantities not delivered owing to force                 tities despatched and the quality of the products ;
majeure.                                                      (b) the date of departure of the vessels.
2. The security required under paragraph 1 may be             The information indicated above shall be forwarded
provided in the form of a cash deposit or of a                by the intervention agency to the Commission imme­
guarantee issued by a credit institution conforming to         diately upon receipt.
criteria laid down by each Member State.
                         Article 6                                                       Article 8
The common wheat referred to in Article 1 to be                On delivery of the goods at the port of shipment, a
supplied to the Republic of Indonesia must be of fair          handing-over certificate shall be supplied to the
and sound merchantable quality and correspond at               successful tenderer; acting as agent for the Commu­
least to the standard quality for which the interven­          nity, by the agent of the recipient country or, in the
tion price is fixed, except that the moisture content          absence of the latter, by the intervention agency of the
shall not exceed 1 5-5 % and that a maximum of 3 %             Member State in whose territory the port of shipment
of sprouted grains and 1 -5 % of miscellaneous                 is situated .
impurities shall be allowed .
                         Article 7                                                       Article 9
1 . The Dutch 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, 13 September 1974.
                                                                          For the Commission
                                                                              The President
                                                                         Francois-Xavier ORTOLI
 ---pagebreak--- 14. 9 . 74                       Official Journal of the European Communities              No L 251 /35
                                                       ANNEX
Number of Lot   Port of shipment    Metric tonnage fob               Address of store Town at which stored
       1      Community ports            21 000          Graan Elevator Maatschappij     Rotterdam
                                                         Maashaven