CELEX: 31974R0345
Language: en
Date: 1974-02-08 00:00:00
Title: Regulation (EEC) No 345/74 of the Commission of 8 February 1974 opening an invitation to tender for the mobilization of common wheat as aid for the Democratic Republic of the Sudan

12. 2. 74                              Official Journal of the European Communities                          No L 40/7
                           REGULATION (EEC) No 345/74 OF THE COMMISSION
                                                     of 8 February 1974
              opening an invitation to tender for the mobilization of common wheat as aid
                                       for the Democratic Republic of the Sudan
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 1346/73 (2) ;                                                            Article 1
Having regard to Council Regulation (EEC) No
1693/72 (3) of 3 August 1972 laying down the condi­               1 . Tenderers are hereby invited for the supply, by
tions for the mobilization of cereals as food aid, and            way of Community food aid action, to the Democratic
in particular Article 6 thereof ;                                 Republic of the Sudan, of 5 000 metric tons of
                                                                  common wheat.
Whereas on 14 May 1973 the Council of the Euro­
pean Communities declared that by way of Commu­                   2. The tendering procedure shall take place in the
nity action it proposed to grant the Democratic Repu­             Republic of France in one lot.
blic of the Sudan 5 000 metric tons of common wheat
under the 1 972/73 food aid programme ;                           3 . The product shall be mobilized on the Commu­
                                                                  nity market.
Whereas an analysis of the state of the cereals market
in the Community indicates that the criteria of Article           4. Loading shall take place for shipment from one
3(3) of Council Regulation (EEC) No 1693/72 should                of the Community ports indicated in the Annex.
be applied, and that the product should be bought on
the Community market ;                                            5 . The product referred to in paragraph 1 is to be
                                                                  loaded fob, that is to say at the moment when the
Whereas tenders should be invited for the supply of               goods are loaded into the hold of the ship in the port
the product fob ; that is to say at the moment when               of loading in bulk by the tenderer.
the goods are loaded into the hold of the ship in the
port of loading ;
                                                                                         Article 2
Whereas    the   contract   should      be  awarded   to the
tenderer offering the best terms ;
                                                                  1 . The decision on 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 22 February 1974.
within the set time limits , it must be made clear who
is to bear any costs resulting therefrom ;                        2. The closing date for submission of tenders shall
                                                                  be 22 February 1974 at 12 noon .
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            3 . The notice of invitation to tender shall be pub­
for the supply of wheat to the Democratic Republic of             lished in the Official Journal of the European
the Sudan ;                                                        Communities not less than nine days before the
                                                                  closing date for submission of tenders.
Whereas the French 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 141 , 28 . 5. 1973, p. 8 .                            reflect normal market prices and costs, the interven­
h) OJ No L 178, 5. 8 . 1972, p. 3.                                tion agency may cancel the invitation to tender.
 ---pagebreak--- No L 40/ 8                          Official Journal of the European Communities                                   12. 2. 74
                        Article 4                                 maximum tolerance of 3 % of sprouted grains and
                                                                  1-5 % of miscellaneous impurities shall be allowed.
If the tenderer is unable to load the product fob on
the date given in the notice of invitation to tender as a
                                                                                             Article 7
result of the late availability of the vessels to be used
for sea transportation, the resulting costs shall be              1 . The French intervention agency shall be respon­
borne by the intervention agency.                                 sible for operations relating to the invitation to tender
                                                                  provided for by this Regulation.
                         Article 5
                                                                  2.     It shall forthwith communicate to the Commis­
1 . The successful tenderer shall give security of a              sion the list of firms which have responded to the invi­
value of 5 units of account per metric ton of the                 tation to tender, specifying the terms of each tender,
product ; the security is intended to guarantee that the          together with the name and business name of the
operations specified in Article 1 are duly completed.             successful tenderer.
The security shall be forfeited if those operations are
not carried out within the prescribed time limit, save            3 . The intervention agency shall request the
as regards quantities not delivered owing to force                successful tenderer to supply the following informa­
 majeure.                                                         tion :
2. The security required under paragraph 1 may be                 (a) after each shipment a certificate showing the quan­
provided in the form of a cash deposit or of a                         tities dispatched and the quality of the products ;
guarantee issued by a credit institution conforming to            (b) the date of departure of the ships.
criteria laid down by each Member State.
                                                                  The information indicated above shall be forwarded
                         Article 6                                by the intervention agency to the Commission imme­
                                                                  diately upon receipt.
The common wheat referred to in Article 1 to be
 supplied to the Democratic Republic of the Sudan                                            Article 8
 must be of fair and sound merchantable quality and
 correspond at least to the standard quality for which            This Regulation shall enter into force on the day of its
 the intervention price is fixed, except that the                  publication in the Official Journal of the European
 humidity shall not exceed 15-5 % and that a                       Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at Brussels, 8 February 1974.
                                                                               For the Commission
                                                                                   The President
                                                                             François-Xavier ORTOLI
                                                             ANNEX
                                                                 Minimum rate of loading
               Number of lot       Port from which consigned               per day                Tonnage fob
                    1          Atlantic or North Sea ports        Customs of the port            5 000 metric tons