CELEX: 31974R0607
Language: en
Date: 1974-03-15 00:00:00
Title: Regulation (EEC) No 607/74 of the Commission of 15 March 1974 opening an invitation to tender for the mobilization of common wheat as aid for the Republic of Indonesia

16 . 3 . 74                               Official Journal of the European Communities                           No L 73 /27
                             REGULATION (EEC) No 607/74 OF THE COMMISSION
                                                         of 15 March 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 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 120/67/                       HAS ADOPTED THIS REGULATION :
EEC (') of 13 June 1967 on the common organization
of the market in cereals as last amended by Regula­                                         Article 1
tion (EEC) 1346/73 (2) ;
                                                                     1 . Tenderers are hereby invited for the supply, by
Having regard to Council Regulation (EEC) No
                                                                     way of Community food aid action, to the Republic of
1693/72 (3) of 3 August 1972 laying down the condi­                  Indonesia 24 000 metric tons of common wheat.
tions for the mobilization of cereals as food aid, and
in particular Article 6 thereof ;                                    2. The tendering procedure shall take place in the
Whereas on 23 May 1972 and 14 May 1973 the                           Republic of France in one lot.
Council of the European Communities declared that                    3 . The product shall be mobilized on the Commu­
by way of Community action it proposed to grant the                  nity market.
Republic of Indonesia 24 000 metric tons of common
wheat under the         1971 /72 and         1972/ 73  food aid      4. Loading shall take place for shipment from the
programmes ;                                                         port of Le Havre.
Whereas an analysis of the state of the cereals market               5. The product referred to in paragraph 1 is to be
in the Community indicates that the criteria of Article              loaded fob, that is to say at the moment when the
3 (3) of Council Regulation (EEC) No 1693/72 should                  goods are loaded into the hold of the ship in the port
be applied, and that the product should be bought on                 of loading in bulk by the tenderer.
the Community market ;
Whereas tenders should be invited for the supply of                                         Article 2
the product fob ; that is to say at the moment when
the goods are loaded into the hold of the ship in the                1 . The decision on tenders received in response to
port of loading ;                                                    the invitation provided for in Article 1 shall be taken
                                                                     on 29 March 1 974.
Whereas     the contract should            be  awarded   to the
tenderer offering the best terms.                                    2.    The closing date for submission of tenders shall
                                                                     be 29 March 1974 at 12 noon .
Whereas in case it should be impossible for reasons of
force majeure to complete the operation in question                  3.    The   notice of invitation   to   tender shall  be
within the set time limits, it must be made clear who                published in the Official Journal of the European
is to bear any costs resulting therefrom ;                           Communities not less than nine days before the
                                                                     closing date for submission of tenders .
Whereas provision should be made for security to be
given to guarantee fulfilment of the obligations arising
by virtue of participation in the invitation to tender                                      Article 3
for the supply of wheat to the Republic of Indonesia ;
                                                                     The contract shall be awarded to the tenderer who
Whereas the French intervention agency should be                     makes the most favourable offer.
 made responsible for the tendering procedure in ques­                                  «
tion ;                                                               However, if the tenders submitted do not appear to
                                                                     reflect normal market prices         ^osts. the interac­
Whereas the Commission must be informed quickly                      tion agency may cancel the invitation to tender.
of the tenders submitted in response to the invitation
and of those accepted by the intervention agency ;
                                                                                            Article 4
(>) OJ No 117, 19 . 6 . 1967, p . 2269/ 67.
(2) OJ No L 141 , 28 . 5. 1973 , p . 8 .                             If the tenderer is unable to load the product fob on
(3 ) OJ No L 178 , 5 . 8 . 1973 , p . 3 .                            the date given in the notice of invitation to tender as a
 ---pagebreak--- No L 73 /28                         Official Journal of the European Communities                               16 . 3 . 74
result of the late availability of the vessels to be used                                 Article 7
for sea transportation, the resulting costs shall be
borne by the intervention agency.                              1 . The French intervention agency shall be respon­
                                                               sible for operations relating to the invitation to tender
                        Article 5                              provided for by this Regulation .
1 . The successful tenderer shall give security of a           2.     It shall forthwith communicate to the Commis­
value of five units of account per metric ton of the           sion the list of firms which have responded to the invi­
product ; the security is intended to guarantee that the       tation to tender, specifying the terms of each tender,
operations specified in Article 1 is duly completed.           together with the name and business name of the
The security shall be forfeited if those operations are        successful tenderer.
not carried out within the prescribed time limit, save
as regards quantities not delivered owing to force             3 . 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
guarantee issued by a credit institution conforming to         (a) after each shipment a certificate showing the quan­
criteria laid down by' each Member State .                          tities dispatched and the quality of the products ;
                                                               (b) the date of departure of the ships .
                         Article 6
                                                               The information indicated above shall be forwarded
The common wheat referred to in Article 1 to be                by the intervention agency to the Commission imme­
supplied to the Republic of Indonesia must be of fair          diately upon receipt.
and sound merchantable quality and correspond at
 least to the standard quality for which the interven­                                    Article 8
 tion price is fixed, except that the humidity shall not
 exceed 1 5-5 % and that a maximum tolerance of 3 %            This Regulation shall enter into force on the day of its
 of sprouted grains and 1-5 of miscellaneous impurities         publication in the Official Journal of the European
 shall be allowed .                                             Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 15 March 1974 .
                                                                           For the Commission
                                                                               The President
                                                                          Francois-Xavier ORTOLI