CELEX: 31974R1547
Language: en
Date: 1974-06-20 00:00:00
Title: Regulation (EEC) No 1547/74 of the Commission of 20 June 1974 opening an invitation to tender for the mobilization of common wheat as aid for the Republic of Cyprus

No L 166/38                          Official Journal of the European Communities                             21, 6 . 74
                           REGULATION (EEC) No 1547/74 OF THE COMMISSION
                                                     of 20 June 1974
               opening an invitation to tender for the mobilization of common wheat as aid
                                               for the Republic of Cyprus
THE COMMISSION OF THE EUROPEAN                                 Whereas the Commission must be informed quickly
COMMUNITIES,                                                    of the tenders submitted in response to the invitation
                                                                and of those accepted by the intervention agency ;
Having regard to the Treaty establishing the European
Economic Community ;                                           Whereas the measures provided for in this Regulation
                                                                are in accordance with the Opinion of the Manage­
Having regard to Council Regulation No 120/                     ment Committee for Cereals,
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 1 25/74 (2) ;
Having regard to Council Regulation (EEC) No                    HAS ADOPTED THIS REGULATION :
1 693/72 (3) of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid, and
in particular Article 6 thereof ;
                                                                                       Article 1
Whereas on 21 March 1974 the Council of the Euro­
pean Communities, declared that by way of Commu­                1 . Tenders are hereby invited for the supply, by
nity action it proposed to grant the Republic of               way of Community food aid action, to the Republic of
Cyrups 5 000 metric tons of common wheat under the              Cyprus, of 5 000 metric tons of common wheat.
 1973/74 food aid programme ;
Whereas an analysis of the state of the cereals market          2. The tendering procedure shall take place in the
in the Community indicates that the criteria of Article         Republic of France in one lot.
3 (3) of Council Regulation (EEC) No 1693/72 should
be applied and that the product should be bought on             3 . The product shall be mobilized on the Commu­
the Community market ;                                          nity market.
Whereas tenders should be invited for the supply of             4. ■ Loading shall take place for shipment from one
the product fob ; that is to say at the moment when             port of the Mediterranean Sea.
the goods are put down at the point of exportation
named by the Commission of the European Commu­
nities at the berth specified by the recipient country          5 . The product referred to in paragraph 1 is to be
or its agent ;                                                  loaded fob, that is to say at the moment when the
                                                               goods are put down at the point of exportation named
Whereas     the  contract   should      be awarded  to the      by the Commission of the European Communities at
tenderer offering the best terms ;                              the berth specified by the recipient country or its
                                                                agent, in bulk, by the tenderer.
Whereas in case it should be impossible for reasons of
force majeure to complete the operation in question
within the set time limits , it must be made clear who                                 Article 2
is to bear any costs resulting therefrom ;
Whereas provision should be made for security to be             1.    The decision on tenders received in response to
given to guarantee fulfilment of the obligations arising        the invitation provided for in Article 1 shall be taken
by virtue of participation in the invitation to tender          on 12 July 1974.
for the supply of wheat to the Republic of Cyprus ;
                                                                2. The closing date for submission of tenders shall
Whereas the French intervention agency should be                be 12 July 1974 at 12 noon .
made responsible for the tendering procedure in ques­
tion ;
                                                                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
(2) OJ No L 128 , 10 . 5. 1974, p. 12 .                         Communities not less than nine days before the
(3 OJ No L 178 , 5. 8 . 1972, p. 3 .                            closing date for submission of tenders .
 ---pagebreak--- 21 . 6 . 74                         Official Journal of the European Communities                          No L 166/39
                        Article 3                                                        Article 7
The contract shall be awarded to the tenderer who              1 . The French intervention agency shall be respon­
makes the most favourable offer.                               sible for operations relating to the invitation to tender
                                                               provided for by this Regulation .
However, if the tenders submitted do not appear to
reflect normal market prices and costs, the interven­          2.     It shall forthwith communicate to the Commis­
tion agency may cancel the invitation to tender.              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 load the product fob on
the date given in the notice of invitation to tender as a     3.      On the other hand, if the successful tenderer is
result of the late availability of the vessels to be used     established in a Member State other than the one
for sea transportation, the resulting costs shall be          collecting the tenders, and if the product is dispatched
borne by the intervention 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 arid
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
majeure.                                                      4. The intervention agency shall request the
                                                              successful tenderer to supply the following informa­
2. The security required under paragraph 1 may be              tion :
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 Cyprus 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 impuri­        publication in the Official Journal of the European
ties shall be allowed .                                        Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 20 June 1974.
                                                                          For the Commission
                                                                              The President
                                                                         Francois-Xavier ORTOLI