CELEX: 31974R2060
Language: en
Date: 1974-08-02
Title: Regulation (EEC) No 2060/74 of the Commission of 2 August 1974 opening an invitation to tender for the mobilization of common wheat as aid for the Republic of Uruguay

No L 213/ 14                          Official Journal of the European Communities                              3 . 8 . 74
                          REGULATION (EEC) No 2060/74 OF THE COMMISSION
                                                     of 2 August 1974
              opening an invitation to tender for the mobilization of common wheat as aid
                                               for the Republic of Uruguay
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 ( 1) of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 1 125/74 (2) ;                                                            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 the Republic of
tions for the mobilization of cereals as food aid, and           Uruguay of 6 000 metric tons of common wheat.
in particular Article 6 thereof ;
                                                                 2.    The tendering procedure shall take place in the
Whereas on 22 July 1974 the Council of the Euro­                 Netherlands in one lot.
pean Communities declared that by way of Commu­
nity action it proposed to grant the Republic of                 3 . The product shall be mobilized on the Commu­
Uruguay 6 000 metric tons of common wheat under                  nity market.
the 1973/74 food-aid programme ;
Whereas an analysis of the state of the cereals market           4. Loading shall take place for shipment from a
in the Community indicates that the criteria of Article          Community port.
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 qn. 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 August 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 August 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 the Republic of Uruguay ;             Communities not less than nine days before the
                                                                 closing date for submission of tenders.
Whereas the Dutch 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 128, 10. 5. 1974, p. 12.                             reflect normal market prices and costs, the interven­
 (') OJ No L 178, 5. 8 . 1972, p. 1 .                             tion agency may cancel the invitation to tender.
 ---pagebreak--- 3 . 8 . 74                           Official Journal of the European Communities                          No L 213/ 15
                          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 th6 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
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 guar­       (a) after each shipihent a certificate showing the quan­
antee 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 of the vessels.
                          Article 6                             The information indicated above shall be forwarded
                                                                by the intervention agency to the Commission imme­
The common wheat referred to in Article 1 to be                 diately upon receipt.
supplied to the Republic of Uruguay must be of fair
and sound merchantable quality and correspond at                                          Article 8
least to the standard quality for which the interven­
tion price is fixed, except that the moisture content           On delivery of the goods at the port of shipment, a
shall not exceed 15-5 % and that a maximum of 3 %               handing-over certificate shall be supplied to the
of sprouted grains and 1 -5 % of miscellaneous impuri­          successful tenderer, acting as agent for the Commu­
ties shall be 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 Dutch 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, 2 August 1974
                                                                           For the Commission
                                                                               The President
                                                                          Francois-Xavier ORTOLI