CELEX: 31974R2446
Language: en
Date: 1974-09-27 00:00:00
Title: Regulation (EEC) No 2446/74 of the Commission of 27 September 1974 opening an invitation to tender for the mobilization of grain sorghum, maize and common wheat as food aid for the Republic of Chad

28 . 9 . 74                                 Official Journal of the European Communities                          No L 262/ 13
                                 REGULATION ( EEC) No 2446/74 OF THE COMMISSION
                                                          of 27 September 1974
                 opening an invitation to tender for the mobilization of grain sorghum , maize
                                 and common wheat as food aid for the Republic of Chad
 THE COMMISSION OF THE EUROPEAN                                         Whereas the Commission must be informed quickly
  COMMUNITIES,                                                          of the tenders submitted in response to the invitation
  Having regard to the Treaty establishing the European                 and of those accepted by the intervention agency ;
  Economic Community ;
  Having regard to Council Regulation No 120/                           Whereas the prices of grain sorghum , maize and soft
                                                                        wheat on the world market exceed at this time to a
  67/ EEC (') of 13 June 1967 on the common organiza­
  tion of the market in cereals, as last amended by Regu­               marked extent the prices ruling in the Community for
  lation ( EEC) No 1 996/74 (2 ) ;                                      those products ; whereas on the basis of data currently
                                                                        available no immediate change in this position is to
  Having regard to Council Regulation (EEC) No                          be foreseen ; whereas under these conditions tenderers
■ 1 693/72 (3 ) of 3 August 1972 laying down the condi­                 can reasonably expect that at the time of delivery of
  tions for the mobilization of cereals as food aid , and               the products in the tender no monetary compensatory
  in particular Article 6 thereof ;                                     amount will be applied to the export by virtue of
  Having regard to Council Regulation ( EEC) No                         Article 4a (2) of Regulation (EEC) No 974/71 ;
  974/ 71 (4) of 12 May 1971 covering certain measures                  whereas however the Commission has proposed to the
  of conjunctural policy to be taken in the agricultural                Council the suppression of Article 4a (2) aforesaid ;
  sector following the temporary widening of the                        whereas this measure will have the effect of applying
  margins of fluctuation in the currencies of certain                   under all circumstances the monetary compensatory
                                                                        amount    for  transactions  with  Member    States  with
  Member States, as last amended by Regulation (EEC)
  No 3450/ 73 (5 ), and in particular Article 6(1 ) thereof ;           depreciated currencies and in particular the levying of
                                                                        this amount on exports ; whereas in order not to
  Whereas on 21 March 1974 the Council of the Euro­
                                                                        hinder the execution of this present food aid it is expe­
  pean Communities declared that by way of Commu­                       dient to provide that any compensatory amount that
  nity action it proposed to grant the Republic of Chad                 might be applied following the suppression of Article
  10 000 metric tons of cereals under its 1973 / 74 food­
                                                                        4a (2) aforesaid shall not be levied for the products to
  aid programme ;                                                       be delivered by virtue of this present invitation to
  Whereas pursuant to Article 3 (3) of Council Regula­                  tender ;
  tion ( EEC) No 1693 /72 the goods may be purchased
  anywhere on the Community market ;                                    Whereas the measures provided for in this Regulation
  Whereas the proposed invitation to tender should be                   are in accordance with the Opinion of the Manage­
  for supply of the products delivered unloaded to                      ment Committee for Cereals ,
  N'Djamena ;
  Whereas the award under the invitation                 to tender
  must be made in favour of the tenderer offering the
  best terms ;                                                          HAS ADOPTED THIS REGULATION :
  Whereas, should force majeure make it impossible to
  complete the operation in question within the set
  time limits , it should be made clear who is to bear the
                                                                                                 Article 1
  liability for any resulting costs ;
  Whereas provisions should be made for security to be
  given for the purpose of guaranteeing that the obliga­                 1 . Tenders are hereby invited for the supply to the
  tions arising by virtue of participation in the invita­               Republic of Chad by way of Community food-aid
                                                                        action of :
  tion to tender for supplies to the Republic of Chad
  will be fulfilled ;
                                                                        — 3 000 metric tons of common wheat (lot No 1 ),
  Whereas the intervention agency of France should be
  made responsible for the tendering procedure in ques­                 — 3 000 metric tons of grain sorghum (lot No 2),
  tion ;
                                                                        — 2 000 metric tons of maize ( lot No 3),
    ') OJ No 117 , 19 . 6 . 1 967 , p . 2269 / 67 .                     — 2 000 metric tons of common wheat (lot No 4).
   -) OJ No L 209 , 31 . 7 . 1974, p . 1 .
   •') O'J No 1. 178 , 5 . 8 . 1972, p . 3 .
   ■*) O'l No L 106, 12. 5 . 1971 , p. 1 .                              2 . The tendering procedure shall take place in
   ■s ) O'l No L 353 , 22. 12 . 1973 , p . 25 .                         France in four lots . The products shall be mobilized
 ---pagebreak--- No L 262/ 14                        Official Journal of the European Communities                               28 . 9 . 74
on the Community market. The products shall be                 Maize :
loaded for departure from a Community port.
                                                               must be of fair and sound merchantable quality, be
3. The invitation to tender provided for in para­              free from odour, and correspond at least to the
graph 1 is for supply of products delivered unloaded           standard quality for which the intervention price is
to N'Djamena .                                                 fixed .
4. The successful tenderer shall deliver the product           Common wheat :
specified in paragraph 1 in new jute sacks of a net
capacity of .50 kilogrammes. The following shall be            must be of fair and sound merchantable quality, be
printed on the sacks :                                         free from odour, and correspond at least to the
                                                               standard quality for which the intervention price is
'Sorgho — Don de la Communaute economique euro­                fixed, except that the humidity shall not exceed
peenne — Distribution gratuite'                                15-5% and that a maximum tolerance of 3% of
'Mai's — Don de la Communaute economique euro­                 sprouted grains and 1 % of miscellaneous impurities
peenne — Distribution gratuite'                                shall be allowed .
'Froment tendre — Don de la Communaute econo­
mique europeenne — Distribution gratuite.'                     2. Tenders for supply to the Republic of Chad of
                                                               the products specified in Article 1 must relate to
                         Article 2                             products having the following characteristics :
 1 . The decision on tenders received in response to           Grain sorghum :
the invitation provided for in Article 1 shall be taken
on 1 1 October 1 974.                                          must be of fair and sound merchantable quality, be
                                                               free     from   odour,   with  a  moisture   content     not
2.    The closing date for submission of tenders shall         exceeding 14% .
be 11 October 1974 at 12 noon .
                                                               Maize :
3.     The   notice  of  invitation  to  tender  shall  be
published in the Official Journal of the European              must be of fair and sound merchantable quality, be
 Communities not later than nine days before the               free from odour, and correspond at least to the
closing date for submission of tenders .                       standard quality for which the intervention price is
                                                               fixed .
                         Article 3
                                                               Common wheat :
The contract shall be awarded to the tenderer who
makes the highest offer. However, if the tenders               must be of fair and sound merchantable quality, be
submitted do not appear to correspond to normal                free from odour, and correspond at least to the
market prices and costs, the intervention agency may           standard quality for which the intervention price is
cancel the invitation to tender.                               fixed , except that the humidity shall not exceed
                                                                15-5% and that a maximum tolerance of 3% of
                         Article 4                             sprouted grains and I % of miscellaneous impurities
                                                               shall be allowed .
 1.    The successful tenderer shall give security of a
value of five units of account per metric ton of
                                                                                         Article 6
product ; the security is intended to guarantee that the
operations specified in Article 1 are duly completed .
The security shall be forfeit if those operations are not       1 . The French intervention agency shall be respon­
carried out within the prescribed time limit, save as          sible for the operations relating to the invitation to
                                                               tender provided for by this Regulation .
regards quantities not delivered owing to force­
 majeure.                                                      2.      It shall forthwith communicate to the Commis­
2.     The security provided for in paragraph 1 may be         sion the list of firms which have responded to the invi­
given in form of a cash deposit or of a guarantee              tation to tender, specifying the terms of each tender,
issued by a credit institution conforming to the               together with the name and business name of the
criteria laid down by the Member State .                       successful tenderer .
                         Article 5
                                                               3.      On the other hand , if the successful tenderer is
                                                               established in a Member State other than the one
 1 . The products specified in Article 1 to be                 collecting the tenders, and if the product is dispatched
supplied for human consumption to the Republic of              through a frontier post of the Member State where the
Chad must meet the following requirements :                    successful     tenderer is established , the  intervention
                                                               agency of the latter Member State shall be responsible
 Grain sorghum ;
                                                               for the operations relating to the tendering .
must be of fair and sound merchantable quality, be
free   from   odour,    with  a   moisture   content   not     In this case , the intervention agencv choosing the
exceeding 14 % .                                               successful tenderer shall immediately inform the inter­
 ---pagebreak--- 28 . 9 . 74                         Official Journal of the European Communities                         No L 262/ 15
vention agency of the Member State concerned and              successful tenderer, acting as agent for the Commu­
shall supply it with all the information which it may          nity, by the agent of the recipient country or, in the
require.                                                      absence of the latter, by the intervention agency of the
                                                              Member State in whose territory the port of shipment
4. The intervention agency shall ask that the                  is situated .
tenderer specifies the following information :
(a) after each shipment, a statement giving details of
     the quantities loaded, the quality of the products
     and their packaging ;                                                              Article 8
(b) the date of the departure of the ships, the expected
     date of arrival of the products at their destination ;   The monetary compensatory amount shall not be
(c) all possible contingencies which might occur               levied for the products to be delivered under this
     during transportation of the products .                   Regulation .
The intervention agency shall transmit the informa­
tion provided for to the Commission as soon as it is
received .                                                                              Article 9
                          Article 7
                                                              This Regulation shall enter into force on the day of its
On delivery of the goods at the port of shipment, a            publication in the Official Journal of the European
handing-over certificate shall be supplied to the              Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 27 September 1974.
                                                                         For the Commission
                                                                             The President
                                                                        Francois-Xavier ORTOLI