CELEX: 31974R2701
Language: en
Date: 1974-10-25 00:00:00
Title: Regulation (EEC) No 2701/74 of the Commission of 25 October 1974 opening a new invitation to tender for the mobilization of common wheat as food aid for the Arabian Republic of Yemen

26 . 10 . 74                            Official Journal of the European Communities                          No L 289/7
                            REGULATION (EEC) No 2701 /74 OF THE COMMISSION
                                                      of 25 October 1974
                opening a new invitation to tender for the mobilization of common wheat as
                                       food aid for the Arabian Republic of Yemen
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 ( 1 ) of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 1996/74 (2) ;
                                                                   HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC) No
1 693/72 (3) of 3 August 1972 laying down the condi­
                                                                                            Article 1
tions for the mobilization of cereals as food aid, and
in particular Article 6 thereof ;
                                                                   1 . Tenders are hereby invited for the supply, by
Whereas on 21 March 1974 the Council of the Euro­                  way of Community food-aid action, to the Arabian
pean Communities declared that by way of Commu­                    Republic of Yemen, of 10 000 metric tons of common
nity action it proposed to grant the Arabian Republic              wheat.
of Yemen       10 000   metric tons of common wheat
under the 1973/74 food-aid programme ;                             2. The tendering procedure shall take place in
                                                                   Belgium in one lot.
Whereas an analysis of the state of the cereals market
with reference to cereals intervention in Belgium indi­            3 . The product shall be mobilized by the Belgian
cates that the criteria of Article 3 (2) of Council Regu­          intervention agency from the stores specified in the
                                                                   Annex .
lation (EEC) No 1693/72 should be applied and that
the intervention agency of the Member State as speci­
fied should mobilize the cereals from those stocked in             4. Loading shall take place for shipment from any
its own stores and should also determine the condi­                Community port.
tions of mobilization ;
                                                                   5 . The product referred to in paragraph 1 is to be
Whereas tenders should be invited for the supply of                delivered in bulk to the port of shipment in the
the product to the port of shipment in the vicinity of             vicinity of the vessel . The goods must be set down at
the vessel, the goods to be set down at the place nomi­            the place nominated by the recipient country or its
nated by the recipient or its agent ;                              agent, the timing of delivery being settled by the
                                                                   tenderer and the recipient country's agent.
Whereas      the  contract should be awarded to the
tenderer offering the best terms ;
                                                                                            Article 2
Whereas in case it should be impossible for reasons of
force majeure to complete the operations in question               1 . The decision on tenders received in response to
within the set time limits, it must be made clear who              the invitation provided for in Article 1 shall be taken
                                                                   on 8 November 1974.
is to bear any costs resulting therefrom ;
Whereas provision should be made for security to be                2.    The closing date for the receipt of tenders shall
given to guarantee fulfilment of the obligations arising           be 8 November 1974 at 12 noon .
by virtue of participation in the invitation to tender
                                                                   3.    The   notice  of   invitation to tender  shall be
for the supply of common wheat to the Arabian Repu­
blic of Yemen ;                                                    published in the Official Journal of the European
                                                                   Communities, not less than nine days before the
Whereas the Belgian intervention agency should be                  closing date for submission of tenders .
made responsible for the tendering procedure in ques­
tion ;
                                                                                            Article 3
(') OJ No 117, 19 . 6. 1967, p. 2269/67.
(2 ) OJ No L 209, 31 . 7. 1974, p. 1 .                             The contract shall be awarded to the tenderer who
(3) OJ No L 178 , 5 . 8 . 1972, p. 3 .                             makes the most favourable offer.
 ---pagebreak--- No L 289/8                          Official Journal of the European Communities                             26. 10. 74
However, if the tenders submitted do not appear to             2.     It shall forthwith communicate to the Commis­
reflect normal market prices and costs, the interven­          sion the list of firms which have responded to the invi­
tion agency may cancel the invitation to tender.               tation to tender, specifying the terms of each tender,
                                                               together with the name and business name of the
                         Article 4                             successful tenderer.
If the tenderer is unable to deliver the goods in              3.     On the other hand, if the successful tenderer is
                                                               established in a Member State other than the one
compliance with Article 1 (5) on the date given in the
notice of invitation to tender as a result of the late         collecting the tenders, and if the product is dispatched
availability of the vessels to be used for sea transporta­     through a frontier post of the Member State where the
tion, the resulting costs shall be borne by the interven­      successful tenderer is established, the intervention
tion agency.                                                   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
                                                               successful tenderer shall immediately inform the inter­
1 . The successful tenderer shall give security of a           vention agency of the Member State concerned and
value of five units of account per metric ton of the           shall supply it with all the information which it may
product ; the security is intended to guarantee that the       require.
operations specified in Article 1 are duly completed.
The security shall be forfeited if those operations are        4. The intervention agency shall request the
not carried out within the prescribed time limit, save         successful tenderer to supply the following informa­
as regards quantities not delivered owing to force             tion :
 majeure.                                                      (a) after each shipment a certificate showing the quan­
2. The security required under paragraph 1 may be                   tities dispatched and the quality of the products ;
provided in the form of a cash deposit or of a                 (b) the date of departure of the vessels.
guarantee issued by a credit institution conforming to         The information indicated above shall be forwarded
criteria laid down by each Member State .                       by the intervention agency to the Commission imme­
                                                                diately upon receipt.
                         Article 6
                                                                                          Article 8
The common wheat referred to in Article 1 to be
supplied to the Arabian Republic of Yemen must be               On delivery of the goods at the port of shipment, a
of fair and sound merchantable quality and corres­              handing-over certificate shall be supplied to the
 pond at least to the standard quality for which the            successful tenderer, qcting as agent for the Commu­
 intervention price is fixed, except that the moisture          nity, by the agent of the recipient country, or, in the
 content shall not exceed 1 5 % and that a maximum              absence of the latter, by the intervention agency of the
 of 3 % of sprouted grains and 1 -5 % of miscellaneous          Member State in whose territory the port of shipment
 impurities shall be allowed.                                   is situated .
                         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, 25 October 1974 .
                                                                           For the Commission
                                                                               The President
                                                                          Francois-Xavier ORTOLI
 ---pagebreak--- 26 . 10. 74                  Official Journal of the European Communities                        No L 289/ 9
                                                 ANNEX
            Number of lot    Port of shipment            Metric tonnage fob Town at which stored
                 1        Any Community port         10 000
                                                               whereof :
                                                               4 000           Méeffe
                                                               2 400           Liège
                                                               3 600           Gent