CELEX: 31974R2349
Language: en
Date: 1974-09-13 00:00:00
Title: Regulation (EEC) No 2349/74 of the Commission of 13 September 1974 opening an invitation to tender for the mobilization of common wheat flour as aid for the Hashemite Kingdom of Jordan

14. 9 . 74                              Official Journal of the European Communities                          No L 251 /25
                             REGULATION (EEC) No 2349/74 OF THE COMMISSION
                                                     of 13 September 1974
                opening an invitation to tender for the mobilization of common wheat flour as
                                         aid for the Hashemite Kingdom of Jordan
 THE COMMISSION OF THE EUROPEAN                                    Whereas the Belgian intervention agency should be
 COMMUNITIES,                                                       made responsible for organizing the invitation to
                                                                   tender ;
 Having regard to the Treaty establishing the European
 Economic Community ;
                                                                   Whereas it is important that the Commission be
 Having regard to Council Regulation No 120/                        informed without delay of the tenders submitted in
 67/EEC (1 ) of 13 June 1967 on the common organiza­                response to the invitation and of those accepted by
 tion of the market in cereals, as last amended by Regu­            the intervention agency ;
 lation (EEC) No 1996/74 (2);
 Having regard to Council Regulation (EEC) No                      Whereas the prices of soft wheat on the world market
 1693/72 (3) of 3 August 1972 establishing the criteria             exceed at this time to a marked extent the prices
 for the mobilization of cereals to be used as food aid,            ruling in the Community for that product ; whereas
 and in particular Article 6 thereof ;                              on the basis of data currently available no immediate
■Having regard to Council Regulation (EEC) No                       change in this position is to be foreseen ; whereas
 974/71 (4) of 12 May 1971 covering certain measures                under these conditions tenderers can reasonably
 of conjunctural policy to be taken in the agricultural             expect that at the time of delivery of the products in
 sector following the temporary widening of the                     the tender no monetary compensatory amount will be
 margins of fluctuation in the currencies of certain                applied to the export by virtue of Article 4 (a) (2) of
 Member States, as last amended by Regulation (EEC)                 Regulation (EEC) No 974/71 ; whereas however the
 No 3450/73 (5), and in particular Article 6 ( 1 ) thereof ;        Commission has proposed to the Council the suppres­
                                                                    sion of paragraph 2 of Article 4 (a) aforesaid ; whereas
 Whereas on 8 July 1971 and 21 March 1974 the                       this measure will have the effect of applying under all
 Council of the European Communities declared that                  circumstances the monetary compensatory amount for
 by way of Community action it proposed to grant to                 transactions with Member States with depreciate
 the Hashemite Kingdom of Jordan the equivalent of                  currencies and in particular the levying of this amount
  13 500 metric tons of common wheat, in the form of                on exports ; whereas in order not to hinder the execu­
 flour, i.e. 8 940 metric tons of common wheat flour,               tion of this present food aid it is expedient to provide
 under its 1970/71 and 1973/74 food-aid programmes ;                that any compensatory amount that might be applied
 Whereas pursant to Article 3 (3) of Council Regula­                following the suppression of paragraph 2 of Article 4
 tion (EEC) No 1693/72 the goods may be purchased                   (a) aforesaid shall not be levied for the products to be
 anywhere on the Community market ;                                 delivered by virtue of this present invitation to tender ;
 Whereas tenders should be invited for the supply of                Whereas the measures provided for in this Regulation
 the product to the port of shipment in the vicinity of             are in accordance with the Opinion of the Manage­
 the vessel, the goods to be set down at the place nomi­            ment Committee for Cereals,
 nated by the recipient or its agent ;
 Whereas     the  contract    should     be   awarded   to the
 tenderer who makes the best offer ;
 Whereas it must be made clear who is to bear any                   HAS ADOPTED THIS REGULATION :
 costs which arise in the event that for reasons of force
  majeure the operation in question is not completed
 within the time stipulated ;
                                                                                            Article 1
 Whereas provision should be made for security to be
 given to guarantee fulfilment of obligations arising by
 virtue of participation in the invitation to tender for             1 . An invitation to tender shall be issued in respect
 the supply of goods to the Hashemite Kingdom of                    of the supply of 8 940 metric tons of common wheat
 Jordan ;                                                           flour to the Hashemite Kingdom ' of Jordan by way of
                                                                    Community food-aid action .
 (') OJ  No  117, 19. 6. 1967, p. 2269/67.
 (2) OJ  No  L 209, 31 . 7. 1974, p. 1 .                            2. The tendering procedure shall take place in the
 (J) OJ  No  L 178, 5. 8 . 1972, p. 3.
 (♦) OJ  No  L 106, 12. 5. 1971 , p. 1 .                            Kingdom of Belgium and shall be in respect of a
 (») OJ  No  L 353, 22. 12. 1973 , p. 25.                           single lot.
 ---pagebreak--- No L 251 /26                         Official Journal of the European Communities                              14. 9 . 74
3. The goods shall be mobilized on the Commu­                                            Article 6
nity market.
                                                                1 . The goods referred to in Article 1 which are to
4.     Shipment shall be from a Community port.                be supplied to the Hashemite Kingdom of Jordan
                                                                must meet the following requirements :
5. The product referred to in paragraph 1 is to be
delivered in new cotton sacks of a net capacity of 50           Common wheat flour :
kilogrammes to the port of shipment in the vicinity of         — moisture content : 1 5 % maximum,
the vessel. The goods must be set down at the place            — acidity : 4 ml NaOH/n maximum per 100 g (calcu­
nominated by the recipient country or its agent, the                lated on the dry matter),
timing of delivery being settled by the tenderer and
the recipient country's agent.                                 — ash content : 0-52 % maximum on the dry matter.
                                                                If the goods referred to in Article 1 do not meet the
6.     The following shall be printed on the sacks :
                                                                foregoing requirements they shall be rejected and the
'Wheat flour — gift of the European Community —                 successful tenderer shall be owner thereof.
for free distribution '.
                                                                2. Tenders for supply to the Hashemite Kingdom
                                                                of Jordan of the goods referred to in Article 1 must
                         Article 2
                                                                relate to products with the following characteristics :
 1 . The award of the contract shall take place on 27           Common wheat flour :
September 1974.                                                 — moisture content : 1 5 % maximum,
2. The closing date for submission of tenders shall             — acidity : 4 ml NaOH/n maximum per 100 g (calcu­
be 27 September 1974 at 12 noon .                                    lated on the dry matter),
3.     The    notice of invitation to tender shall be
                                                                — ash content : 0-52 % maximum on the dry matter.
published in the Official Journal of the European
                                                                                         Article 7
 Communities not less than nine days before the
closing date for submission of tenders.
                                                                1 . The Belgian intervention agency shall be respon­
                                                                sible for operations relating to the invitation to tender
                          Article 3                             provided for by this Regulation .
The contract shall be awarded to the tenderer who               2.     It shall forthwith communicate to the Commis­
makes the most favourable offer.                                sion the list of firms which have responded to the invi­
                                                                tation to tender, specifying the terms of each tender,
However, if the tenders submitted do not appear to              together with the name and business name of the
reflect normal market prices and costs, the interven­           successful tenderer.
tion agency may cancel the invitation to tender.
                                                                3.     On the other hand, if the successful tenderer is
                          Article 4                             established in a Member State other than the one
                                                                collecting the tenders, and if the product is
 If the tenderer is unable to deliver the goods in              despatched through a frontier post of the Member
compliance with Article 1 (5) on the date given in the          State where the successful tenderer is established, the
 notice of invitation to tender as a result of the late         intervention agency of the latter Member State shall
availability of the vessels to be used for sea transporta­      be responsible for the operations relating to the
 tion, the resulting costs shall be borne by the interven­      tendering.
 tion agency.
                                                                Tn this case, the intervention agency choosing the
                                                                successful tenderer shall immediately inform the inter­
                          Article 5
                                                                vention agency of the Member State concerned and
 1 . The successful tenderer shall give security in an          shall supply it with all the information which it may
 amount of 10 units of account per metric ton of                require.
goods ; the purpose of such security is to guarantee            4. The intervention agency shall request the
 performance of the operations specified in Articles 1          successful tenderer to supply the following informa­
 and 6. The security shall be forfeit if those operations       tion :
 are not carried out within the time stipulated, save as
 regards quantities not delivered for reasons of force          (a) after each shipment a certificate showing the quan­
 majeure.                                                            tities despatched and the quality of the products ;
                                                                (b) the date of departure of the vessels.
 2. The security referred to in paragraph 1 may be
given in the form of a cash deposit or of a guarantee           The information indicated above shall be forwarded
 issued by a credit institution which satisfies the             by the intervention agency to the Commission imme­
 criteria laid down by each Member State.                        diately upon receipt.
 ---pagebreak--- 14. 9 . 74                         Official Journal of the European Communities                       No L 251 /27
                        Article 8                                                    Article 9
                                                             The monetary compensatary amount shall not be
On delivery of the goods at the port of shipment, a          levied for the products to be delivered under this
handing-over Certificate shall be supplied to the            Regulation .
successful tenderer, acting as agent for the Commu­
nity, by the agent of the recipient country or, in the                               Article 10
absence of the latter, by the intervention agency of the     This Regulation shall enter into force on the day of its
Member State in whose territory the port of shipment         publication in the Official Journal of the European
is situated .                                                 Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 13 September 1974.
                                                                      For the Commission
                                                                          The President
                                                                     Francois-Xavier ORTOLI