CELEX: 31974R3090
Language: en
Date: 1974-12-06 00:00:00
Title: Regulation (EEC) No 3090/74 of the Commission of 6 December 1974 opening a new invitation to tender for the mobilization of common wheat as food aid for the Republic of Bolivia

7 . 12. 74                               Official Journal of the European Communities                        No L 327/21
                               REGULATION (EEC) No 3090/74 OF THE COMMISSION
                                                       of 6 December 1974
                opening a new invitation to tender for the mobilization of common wheat as
                                              food aid for the Republic of Bolivia
THE COMMISSION OF THE EUROPEAN                                      Whereas the Belgian 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
 lation (EEC) No 1 996/74 (2) ;                                     Whereas the measures provided for in this Regulation
                                                                    are in accordance with the Opinion of the Manage­
 Having regard to Council Regulation (EEC) No                       ment Committee for Cereals,
 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 ;
                                                                    HAS ADOPTED THIS REGULATION :
Whereas on 21 March 1974 the Council of the Euro­
pean Communities declared that by way of Commu­
nity action it proposed to grant the Republic of                                             Article 1
 Bolivia 5 000 metric tons of common wheat under its
 1973/74 fopd-aid programme ;                                        1 . Tenders are hereby invited for the supply, by
Whereas the invitation to tender opened in the
                                                                    way of Community food-aid action to the Republic of
                                                                    Bolivia of 5 000 metric tons of common wheat.
Community under Commission Regulation (EEC) No
2868 /74 of 15 November 1974 opening an invitation
to tender for the mobilization of common wheat as                   2. The tendering procedure shall take place in
food aid for the Republic of Bolivia (4) was not allo­              Belgium in one lot.
cated ; whereas a new invitation to tender should there­
fore be opened ;                                                    3 . The product shall be mobilized on the Commu­
                                                                    nity market.
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 1693/72 the goods may be purchased                    4. Loading shall take place for shipment from any
anywhere on the Community market ;                                  port of the Community.
Whereas tenders should be invited for the supply of                 5 . The product referred to in paragraph 1 is to be
the product to the port of shipment in the vicinity of              delivered in bulk to the port of shipment in the
the vessel, the goods to be set down at the place nomi­             vicinity of the vessel . The goods must be set down at
nated by the recipient or its agent ;                               the place nominated by the recipient country or its
Whereas      the   contract     should    be   awarded  to  the     agent, the timing of delivery being settled by the
tenderer offering the best terms ;
                                                                    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
                                                                    the invitation provided for in Article 1 shall be taken
Whereas provision should be made for security to be                 on 20 December 1974.
given to guarantee fulfilment of the obligations arising
by virtue of participation in the invitation to tender              2.     The closing date for the receipt of tenders shall
for the supply of common wheat to the Republic of                   be 20 December 1974 at 12 noon .
Bolivia ;
                                                                    3.     The  notice  of   invitation to tender  shall be
  n  OJ No   117, 19 . 6 . 1967, p . 2269/67.
(2)  OJ No   L 209 , 31 . 7. 1974, p. 1 .                           published in the Official Journal of the European
(3)  OJ No   L 178 , 5 . 8 . 1972, p. 3 .                           Communities not less than nine days before the
(4)  OJ No   L 306, 16 . 11 . 1974, p. 7.                           closing date for submission of tenders .
 ---pagebreak--- No L 327/ 22                        Official Journal of the European Communities                             7 . 12. 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 tender,
                                                              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 five 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 dispatched 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 Bolivia 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 % and that a maximum of 3 % of           Member State in whose territory the port of shipment
sprouted grains and 1 -5 % of miscellaneous impuri­           is situated .
ties shall be allowed .
                         Article 7                                                       Article 9
1 . The Belgian 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, 6 December 1974 .
                                                                          For the Commission
                                                                              The President
                                                                         Francois-Xavier ORTOLI