CELEX: 31974R2401
Language: en
Date: 1974-09-20 00:00:00
Title: Regulation (EEC) No 2401/74 of the Commission of 20 September 1974 opening an invitation to tender for the mobilization of common wheat flour as aid for the Republic of Sri Lanka

No L 256/ 12                             Official Journal of the European Communities                              21 . 9 . 74
                             REGULATION (EEC) No 2401 /74 OF THE COMMISSION
                                                     of 20 September 1974
              opening an invitation to tender for the mobilization of common wheat flour as
                                               aid for the Republic of Sri Lanka
THE COMMISSION OF THE EUROPEAN                                      virtue of particpation in the invitation to tender for
COMMUNITIES,                                                        the supply of goods to the Republic of Sri Lanka ;
Having regard to the Treaty establishing the European
Economic Community ;                                                Whereas the Dutch intervention agency should be
                                                                    made responsible for organizing the invitation to
Having regard to Council Regulation No 120/                         tender ;
67/EEC (') of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­             Whereas it is important that the Commission be
lation (EEC) No 1996/74 (2);                                        informed without delay of the tenders submitted in
                                                                    response to the invitation and of those accepted by
Having regard to Council Regulation (EEC) No                        the intervention agency ;
1 693/72 (3) of 3 August 1972 establishing the criteria
for the mobilization of cereals to be used as food aid,
and in particular Article 6 thereof ;                               Whereas the prices of common wheat flour on the
                                                                    world market exceed at this time to a marked extent
Having regard to Council Regulation (EEC) No                        the prices ruling in the Community for that product ;
974/71 (4) of 12 May 1971 covering certain measures                 whereas on the bais of data currently available no
of conjunctural policy to be taken in the agricultural              immediate change in this position is to be foreseen ;
sector following the temporary widening of the                      whereas under these conditions tenderers can reason­
margins of fluctuation in the currencies of certain                 ably expect that at the time of delivery of the products
Member States, as last amended by Regulation (EEC)                  in the tender no monetary compensatory amount will
No 3450/73 (5), and in particular Article 6 ( 1 ) thereof ;         be applied to the export by virtue of Article 4a (2) of
                                                                    Regulation (EEC) No 974/71 ; whereas however the
Whereas on 21 March 1974, the Council of the Euro­                  Commission has proposed to the Council the suppres­
pean Communities declared that by way of Commu­                     sion of Article 4a (2) aforesaid ; whereas this measure
nity action it proposed to grant to the Republic of Sri             will have the effect of applying under all circum­
Lanka the equivalent of 16 000 metric tons of                       stances the monetary compensatory amount for tran­
common wheat, in the form of flour, i.e. 10 596                     sactions with Member States with depreciated curren­
metric tons of common wheat flour, under its 1973/74                cies and in particular the levying of this amount on
food aid programme ;                                                exports ; whereas in order not to hinder the execution
                                                                    of this present food aid it is expedient to provide that
Whereas pursuant to Article 3 (3) of Council Regula­
                                                                    any compensatory amount that might be applied
tion (EEC) No 1693/72 the goods may be purchased
                                                                    following the suppression of Article 4a (2) aforesaid
anywhere on the Commjjnity market ;
                                                                    shall not be levied for the products to be delivered by
Whereas tenders should be invited for the supply of                 virtue of this present invitation to tender ;
the product to the port of shipment in the vicinity of
the vessel, the goods to be set down at the place nomi­             Whereas the measures provided for in this Regulation
nated by the recipient or its agent ;                               are in accordance with the Opinion of the Manage­
                                                                    ment Committee for Cereals,
Whereas     the  contract     should     be   awarded   to the
tenderer who makes the best offer ;
Whereas it must be made clear who is to bear any
costs which arise in the event that for reasons of force
                                                                    HAS ADOPTED THIS REGULATION :
majeure the operation in question is not completed
within the time stipulated ;
Whereas provision should be made for security to be
                                                                                            Article 1
given to guarantee fulfilment of obligations arising by
(») OJ No   117, 19 . 6 . 1967, p. 2269/67.                          1 . An invitation to tender shall be issued in respect
(2) OJ No   L 209, 31 . 7 . 1974, p. 1 .                            of the supply of 10 596 metric tons of common wheat
(3) OJ No   L 178 , 5. 8 . 1972, p. 3 .
 4  OJ No   L 106, 12. 5 . 1971 , p. 1 .                            flour to the Republic of Sri Lanka by way of Commu­
(5) OJ No   L 353 , 22. 12. 1973, p. 25.                            nity food aid action .
 ---pagebreak--- 21 . 9 . 74                         Official Journal of the European Communities                         No L 256/ 13
2. The tendering procedure shall take place in the            and 6. The security shall be forfeit if those operations
Kingdom of the Netherlands and shall be in respect             are not carried out within the time stipulated, save as
of a single lot.                                               regards quantities not delivered for reasons of force
                                                               majeure.
3.     The goods shall be mobilized on the Commu­
nity market.                                                   2. The security referred to in paragraph 1 may be
                                                              given in the form of a cash deposit or of a guarantee
4.     Shipment shall be from a Community port.                issued by credit institution which satisfies the criteria
                                                               laid down by each Member State .
5 . The product referred to in paragraph 1 is to be
delivered in new cotton sacks of a net capacity of 50                                   Article 6
kilogrammes to the port of shipment in the vicinity of
the vessel . The goods must be set down at the place           1 . The goods referred to in Article 1 which are to
nominated by the recipient country or its agent, the          be supplied to the Republic of Sri Lanka must meet
timing of delivery being settled by the tenderer and           the following requirements :
the recipient country's agent.
                                                               Common wheat flour :
6.     The following shall be printed on the sacks :
                                                              — moisture content : 1 5 % maximum ;
'Wheat flour — gift of the European Community'.               — acidity : 4 ml NaOH/n maximum 100 g (calcu­
                                                                   lated on the dry matter) ;
                                                              — ash content : 0-52 % maximum on the dry matter.
                         Article 2
                                                               If the goods referred to in Article 1 do not meet the
 1.    The award of the contract shall take place on 4         foregoing requirements they shall be rejected and the
October 1974.                                                  successful tenderer shall be owner thereof.
2.     The closing date for submission of tenders shall        2. Tenders for supply to the Republic of Sri Lanka
be 4 October 1974 at 12 noon .                                 of the goods referred to in Article 1 must relate to
                                                               products with the following characteristics :
3.     The   notice of invitation to tender shall be           Common wheat flour :
published in the Official Journal of the European
Communities not less than nine days before the                — moisture content : 1 5 % maximum ;
closing date for submission of tenders.                       — acidity : 4 ml NaOH/n maximum per 100 g (calcu­
                                                                    lated on the dry matter) ;
                                                              — ash content : 0-52 % maximum on the dry matter.
                         Article 3
                                                                                        Article 7
The contract shall be awarded to the tenderer who
makes the most favourable offer.
                                                               1.      The intervention agency of the Kingdom of the
                                                               Netherlands shall be responsible for organizing the
However, if the tenders submitted do not appear to             invitation to tender provided for by this Regulation .
reflect normal market prices and costs, the interven­
tion agency may cancel the invitation to tender.               2.     It shall forthwith communicate to the Commis­
                                                               sion the list of firms which have responded to the invi­
                                                               tation to tender, specifying the terms of each tender,
                         Article 4
                                                               together with the name and business name of the
                                                              successful tenderer.
If the tenderer is unable to deliver the goods in
compliance with Article 1 (5) on the date given in the         3.     On the other hand , if the successful tenderer is
notice of invitation to tender as a result of the late         established in a Member State other than the one
availability of the vessels to be used for sea transporta­    collecting the tenders, and if the product is dispatched
tion, the resulting costs shall be borne by the interven­     through a frontier post of the Member State where the
tion agency.                                                  successful tenderer is established , the intervention
                                                               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
1 . The successful tenderer shall give security in an         successful tenderer shall immediately inform the inter­
amount of 10 units of account per metric ton of               vention agency of the Member State concerned and
goods ; the purpose of such security is to guarantee          shall supply it with all the information which it may
performance of the operations specified in Articles 1         require.
 ---pagebreak--- No L 256/ 14                       Official Journal of the European Communities                              21 . 9. 74
4. The intervention agency shall request the                  nity, by the agent of the recipient country or, in the
successful tenderer to supply the following informa­          absence of the latter, by the intervention agency of the
tion :                                                        Member State in whose territory the port of shipment
                                                              is situated .
(a) after each shipment a certificate showing the quan­
    tities dispatched and the quality of the products ;
                                                                                       Article 9
(b) the date of departure of the vessels.
The information indicated above shall be forwarded            The monetary compensatory amount shall not be
by the intervention agency to the Commission imme­            levied for the products to be delivered under this
diately upon receipt.                                         Regulation .
                        Article 8                                                     Article 10
On delivery of the goods at the port of shipment, a           This Regulation shall enter into force on the day of its
handing-over certificate shall be supplied to the             publication in the Official Journal of the European
successful tenderer, acting as agent for the Commu­           Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 20 September 1^74.
                                                                        For the Commission
                                                                            The President
                                                                       Francois-Xavier ORTOLI