CELEX: 31974R3152
Language: en
Date: 1974-12-13 00:00:00
Title: Regulation (EEC) No 3152/74 of the Commission of 13 December 1974 opening a new invitation to tender for the mobilization of common wheat as aid for the Republic of Peru

14. 12. 74                              Official Journal of the European Communities                        No L 334/23
                             REGULATION (EEC) No 3152/74 OF THE COMMISSION
                                                      of 13 December 1974
                opening a new invitation to tender for the mobilization of common wheat as aid
                                                   for the Republic of Peru
THE COMMISSION OF THE EUROPEAN                                     Whereas provision should be made for security to be
COMMUNITIES,                                                       given to guarantee fulfilment of the obligations arising
                                                                   by virtue of participation in the invitation to tender
Having regard to the Treaty establishing the European              for the supply of common wheat to the Republic of
Economic Community ;                                               Peru ;
Having regard to Council Regulation No 120/                        Whereas the Belgian intervention agency should be
67/EEC (1 ) of 13 June 1967 on the common organiza­                made responsible for the tendering procedure in ques­
tion of the market in cereals, as last amended by Regu­            tion ;
lation (EEC) No 1 996/74 (2) ;
Having regard to Council Regulation (EEC) No                       Whereas the Commission must be informed quickly
 1 693/72 (3) of 3 August 1972 laying down the condi­              of the tenders submitted in response to the invitation
tions for the mobilization of cereals as food aid, and             and of those accepted by the intervention agency ;
in particular Article 6 thereof ;
                                                                   Whereas the measures provided for in this Regulation
Whereas on 21 March 1974 the Council of the Euro­                  are in accordance with the Opinion of the Manage­
pean Communities declared that by way of Commu­                    ment Committee for Cereals,
nity action it proposed to grant the Republic of Peru
5 000    metric    tons    of common        wheat  under the
 1973 /74 food-aid programme ;
                                                                   HAS ADOPTED THIS REGULATION :
Whereas the invitation to tender opened in the
Community under Commission Regulation (EEC) No
2597/74 (4) of 11 October 1974 opening an invitation                                        Article 1
to tender for the mobilization of common wheat as
food aid for the Republic of Peru was not allocated ;
whereas a new invitation to tender should therefore be             1 . Tenders are hereby invited for the supply, by
opened ;                                                           way of Community food-aid action , to the Republic of
                                                                   Peru , of 5 000 metric tons of common wheat.
Whereas an analysis of the state of the cereals market
with reference to cereals intervention in Belgium indi­            2. The tendering procedure shall take place in
cates that the criteria of Article 3 (2) of Council Regu­          Belgium in one lot.
lation (EEC) No 1693/72 should be applied and that
the intervention agency of the Member State as speci­              3 . The product shall be mobilized by the Belgian
fied should mobilize the cereals from those stocked in
                                                                   intervention agency from the stores specified in the
its own stores and should also determine the condi­                Annex .
tions of mobilization ;
Whereas tenders should be invited for the supply of                4.     Loading shall take place for shipment from any
                                                                   Community port .
the product to the port of shipment in the vicinity of
the vessel , the goods to be set down at the place nomi­
nated by the recipient or its agent ;                              5 . The product referred to in paragraph 1 is to be
                                                                   delivered in bulk to the port of shipment in the
Whereas      the   contract    should    be   awarded   to the     vicinity of the vessel . The goods must be set down at
tenderer offering the best terms ;                                 the place nominated by the recipient country or its
                                                                   agent, the timing of delivery being settled by the
Whereas in case it should be impossible for reasons of             tenderer and the recipient country's agent.
force majeure to complete the operations in question
within the set time limits, it must be made clear who
is to bear any costs resulting therefrom ;                                                  Article 2
(') OJ  No   117, 19 . 6. 1967, p . 2269/ 67.                      1 . The decision on tenders received in response to
(2) OJ  No  L 209, 31 . 7. 1974, p. 1 .
(3) OJ  No  L 178 , 5. 8 . 1972, p. 3 .                            the invitation provided for in Article 1 shall be taken
(4) OJ  No  L 277, 12. 10 . 1974, p. 27.                           on 30 December 1974 .
 ---pagebreak---   No L 334/24                          Official Journal of the European Communities                              14. 12. 74
  2.     The closing date for the receipt of tenders shall                                 Article 7
  be 30 December 1974 at 12 noon .
                                                                  1 . The Belgian intervention agency shall be respon­
  3.     The   notice of invitation     to  tender shall  be      sible for operations relating to the invitation to tender
  published in the Official Journal of the European               provided for by this Regulation .
  Communities, not less than nine days before the
  closing date for submission of tenders.
                                                                  2.     It shall forthwith communicate to the Commis­
                                                                  sion the list of firms which have responded to the invi­
                                                                  tation to tender, specifying the terms of each tender,
                            Article 3                             together with the name and business name of the
                                                                  successful tenderer.
  The contract shall be awarded to the tenderer who
  makes the most favourable offer.                                3.     On the other hand, if the successful tenderer is
                                                                  established in a Member State other than the one
  However, if the tenders submitted do not appear to              collecting the tenders, and if the product is dispatched
  reflect normal market prices and costs, the interven­           through a frontier post of the Member State where the
                                                                  successful tenderer is ' established, the intervention
  tion agency may cancel the invitation to tender.
                                                                  agency of the latter Member State shall be responsible
                                                                  for the operations relating to the tendering.
                            Article 4
                                                                  In this case, the intervention agency choosing the
                                                                  successful tenderer shall immediately inform the inter­
  If the tenderer is unable to deliver the goods in               vention agency of the Member State concerned and
  compliance with Article 1 (5) on the date given in the          shall supply it with all the information which it may
  notice of invitation to tender as a result of the late          require.
  availability of the vessels to be used for sea transporta­
  tion , the resulting costs shall be borne by the interven­
                                                                  4. The intervention agency shall request the
  tion agency.
                                                                  successful tenderer to supply the following informa­
                                                                  tion :
                            Article 5                             (a) after each shipment a certificate showing the quan­
                                                                       tities dispatched and the quality of the products ;
  1 . The successful tenderer shall give security of a            (b) the date of departure of the vessels .
  value of five units of account per metric ton of the
  product ; the security is intended to guarantee that the        The information indicated above shall be forwarded
  operations specified in Article 1 are duly completed.
  The security shall be forfeited if those operations are         by the intervention agency to the Commission imme­
  not carried out within the prescribed time limit, save          diately upon receipt.
  as regards quantities not delivered owing to force
  majeure.
                                                                                           Article 8
  2. The security required under paragraph 1 may be
  provided in the form of a cash deposit or of a
  guarantee issued by a credit institution conforming to          On delivery of the goods at the port of shipment, a
  criteria laid down by each Member State.                        handing-over certificate shall be supplied to the
                                                                  successful tenderer, acting as agent for the Commu­
                                                                  nity, by the agent of the recipient country, or, in the
                                                                  absence of the latter, by the intervention agency of the
                            Article 6                             Member State in whose territory the port of shipment
                                                                  is situated .
  The common wheat referred to in Article 1            to be
  supplied to the Republic of Peru must be of fair and
  sound merchantable quality and correspond at least to                                    Article 9
  the standard quality for which the intervention price
  is fixed, except that the moisture content shall not
  exceed 1 5 % and that a maximum of 3 % of sprouted              This Regulation shall enter into force on the day of its
• grains and 1-5 % of miscellaneous impurities shall be           publication in the Official Journal of the European
p allowed .                                                       Communities.
 ---pagebreak--- 14. 12. 74                    Official Journal of the European Communities                                No L 334/25
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 13 December 1974.
                                                                     For the Commission
                                                                         The President
                                                                    Francois-Xavier ORTOLI
                                                  ANNEX
            Number of lot    Port of shipment            Metric tonnage fob          Town at which stored
                  1       Any Community port         5 000
                                                               whereof :
                                                               2 600                    Racour
                                                               2 400                    Liège