CELEX: 31974R1669
Language: en
Date: 1974-06-28 00:00:00
Title: Regulation (EEC) No 1669/74 of the Commission of 28 June 1974 opening an invitation to tender for the mobilization of common wheat as aid for the Republic of Tunisia

29 . 6 . 74                             Official Journal of the European Communities                         No L 175 / 69
                             REGULATION (EEC) No 1669/74 OF THE COMMISSION
                                                        of 28 June 1974
               opening an invitation to tender for the mobilization of common wheat as aid
                                                  for the Republic of Tunisia
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 (') of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 1 1 25/74 (2 ) ;                                                          Article J
Having regard to Council Regulation (EEC) No
 1 693/72 (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 Republic of
in particular Article 6 thereof ;                                 Tunisia of 10 000 metric tons of common wheat .
Whereas on 14 May 1973 the Council of the Euro­                    2. The tendering procedure shall take place in the
pean Communities declared that by way of Commu­                    Republic of France in one lot.
nity action it proposed to grant the Republic of
Tunisia 10 {)()()• riietric tons of common wheat under
                                                                   3 . The product shall be mobilized on the Commu­
the 1972/73 food aid programme ;                                   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                port of the Mediterranean Sea .
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 ;
                                                                                          A rtic/e 2 •
Whereas      the  contract    should      be  awarded  to the
tenderer offering the best terms ;                                 1 . The decision on tenders received in response to
                                                                   the invitation provided for in Article 1 shall be taken
Whereas in case it should be impossible for reasons of             on 1 2 July 1 974.
force majeure to complete the operation in question
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 12 July 1974 at 12 noon .
Whereas provision should be made for security to be
given to'guarantee fulfilment of the obligations arising           3.    The   notice of  invitation   to tender  shall be
by virtue of participation in the invitation to tender             published in the Official Journal of the European
for the supply of wheat to the Republic of Tunisia .               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 i 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) O ) No L 12 «, 10 . 5 . 1974 , p. 12 .                         reflect normal market prices and costs, the interven­
(}) OJ No L 1 7«, .S. X. 1 972, p. 3 .                             tion agency may cancel the invitation to tender.
 ---pagebreak--- No L 175/ 70                        Official Journal of the European Communities                             29 . 6 . 74
                         Article 4                             2.     It shall forthwith communicate to the Commis­
                                                               sion the list of firms which have responded to the invi­
If the tenderer is unable to load the product fob on           tation to tender, specifying the terms of each tender,
the date given in the notice of invitation to tender as a      together with the name and business name of the
result of the late availability of the vessels to be used      successful tenderer.
for sea transportation , the resulting costs shall be
borne by the intervention agency.
                                                               3.     On the other hand, if the successful tenderer is
                                                              established in a Member State other than the one
                         Article 5
                                                              collecting the tenders, and if the product is dispatched
 1 . The successful tenderer $hall give security of a         through a frontier post of the Member State where the
value of five units of account per metric ton of the          successful tenderer is established, the intervention
product ; the security is intended to guarantee that the      agency of the latter Member State shall be responsible
operations specified in Article 1 are duly completed .        for the operations relating to the tendering.
The security shall be forfeited if those operations are
not carried out within the prescribed time limit, save        In this case, the intervention agency choosing the
as regards quantities not delivered owing to force            successful tenderer shall immediately inform the inter­
nutjilt re.                                                   vention agency of the Member State concerned and
                                                              shall supply it with all the information which it may
2. The security required under paragraph 1 may be             require .
provided in the form of a cash deposit or of a
guarantee issued by a credit institution conforming to
criteria laid down by each Member State .                     4. The intervention agency shall request the
                                                              successful tenderer to supply the following informa­
                                                              tion :
                         Article 6
The common wheat referred to in Article 1 to be               (a) after each shipment a certificate showing the quan­
supplied to the Republic of Tunisia must be of fair                tities dispatched and the quality of the products ;
and sound merchantable quality and correspond at              (b) the date of departure of the ships.
least to the standard quality for which the interven­         The information indicated above shall be forwarded
tion price is fixed , except that the humidity shall not      by the intervention agency to the Commission imme­
exceed 1 5-5 % and that a maximum tolerance of 3 %            diately upon receipt .
of sprouted grains and 1-5 % of miscellaneous impuri­
ties shall be allowed .
                                                                                         Article 8
                         Article 7
1 . The French 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, 28 June 1974.                                                      i
                                                                          For the Commission
                                                                              The President
                                                                         Francois-Xavier ORTOLI