CELEX: 31974R2361
Language: en
Date: 1974-09-13 00:00:00
Title: Regulation (EEC) No 2361/74 of the Commission of 13 September 1974 opening a new invitation to tender for the mobilization of common wheat as food aid for the People's Republic of Bangladesh

17. 9 . 74                               Official Journal of the European Communities                         No L 252/7
                             REGULATION (EEC) No 2361 /74 OF THE COMMISSION
                                                     of 13 September 1974
                opening a new invitation to tender for the mobilization of common wheat as aid
                                          for the People's Republic of Bangladesh
THE COMMISSION OF THE EUROPEAN                                     Whereas in case it should be impossible for reasons of
COMMUNITIES,                                                       force majeure to complete the operation in question
                                                                   within the set time limits, it must be made clear who
Having regard to the Treaty establishing the European              is to bear any costs resulting therefrom ;
Economic Community ;
Having regard to Council Regulation No 120/
67/EEC (1) of 13 June 1967 on the common organiza­                 Whereas provision should be made for security to be
tion of the market in cereals, as last amended by Regu­            given to guarantee fulfilment of the obligations arising
lation (EEC) No 1996/74 (2) ;                                      by virtue of participation in the invitation to tender
                                                                   for the supply of wheat to the People's Republic of
Having regard to Council Regulation (EEC) No
                                                                    Bangladesh ;
 1 693/72 (3) of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid, and
in particular Article 6 thereof ;
                                                                   Whereas the French intervention agency should be
Having regard to Council Regulation (EEC) No                        made responsible for the tendering procedure in ques­
974/71 (4) of 12 May 1971 covering certain measures                tion ;
of conjunctural policy to be taken in the agricultural
sector following the temporary widening of the
margins of fluctuation in the currencies of certain
Member States, as last amended by Regulation (EEC)                 Whereas the Commission must be informed quickly
No 3450/73 (5), and in particular Article 6 ( 1 ) thereof ;        of the tenders submitted in response to the invitation
Whereas on 21 March 1974 the Council of the Euro­
                                                                   and of those accepted by the intervention agency ;
pean Communities declared that by way of Commu­
nity action it proposed to grant the People's Republic
of Bangladesh 60 000 metric tons of common wheat                   Whereas the prices of soft wheat on the world market
under the 1973/74 food-aid programme ;                             exceed at this time to a marked extent the prices
                                                                    ruling in the Community for that product ; whereas
Whereas the invitation to tender opened in the                     on the basis of data currently available no immediate
Community under Commission Regulation (EEC) No                     change in this position is to be foreseen ; whereas
2219/74 (6) of 26 August 1974 opening an invitation                under these conditions tenderers can          reasonably
to tender for the mobilization of common wheat as
                                                                   expect that at the time of delivery of the products in
food aid for the People's Republic of Bangladesh was               the tender no monetary compensatory amount will be
not allocated ; whereas a new invitation to tender
                                                                   applied to the export by virtue of Article 4 bis (2) of
should therefore be opened ;                                        Regulation (EEC) No 974/71 ; whereas however the
Whereas an analysis of the state of the cereals market              Commission has proposed to the Council the suppres­
in the Community indicates that the criteria of Article            sion of paragraph 2 of Article 4 bis aforesaid ; whereas
3(1 ) of Council Regulation (EEC) No 1693/72 should                this measure will have the effect of applying under all
be applied, and that the product should be bought on               circumstances the monetary compensatory amount for
the Community market ;                                             transactions with Member States with depreciated
                                                                   currencies and in particular the levying of this amount
Whereas tenders should be invited for the supply of                on exports ; whereas in order not to hinder the execu­
the product to the port of shipment in the vicinity of             tion of this present food aid it is expedient to provide
the vessel, the goods to be set down at the place nomi­            that any compensatory amount that might be applied
nated by the recipient or its agent ;                               following the suppression of paragraph 2 of Article
                                                                   4 bis aforesaid shall not be levied for the products to
Whereas      the  contract    should     be   awarded  to  the
                                                                   be • delivered by virtue of this present invitation to
tenderer offering the best terms ;                                 tender ;
(M  OJ  No   117, 19 . 6. 1967, p. 2269/67.
(2) OJ  No  L 209, 31 . 7. 1974, p. 1 .
(3) OJ  No  L 178 , 5. 8 . 1972, p. 3.                             Whereas the measures provided for in this Regulation
(4) OJ  No  L 106, 12. 5 . 1971 , p. 1 .
(5) OJ  No  L 353, 22. 12. 1973, p. 25.                            are in accordance with the Opinion of the Manage­
(') OJ  No  L 234 27. 8 . 1974, p. 5.                               ment Committee for Cereals,
 ---pagebreak--- No L 252/8                          Official Journal of the European Communities                              17. 9 . 74
HAS ADOPTED THIS REGULATION :                                 2. The security required under paragraph 1 may be
                                                               provided in the form of a cash deposit or of a
                         Article 1                            guarantee issued by a credit institution conforming to
                                                              criteria laid down by each Member State.
1.    Tenders are hereby invited for the supply, by
way of Community food aid action, to the People's
                                                                                         Article 6
Republic of Bangladesh of 60 000 metric tons of
common wheat.                                                 The common wheat referred to in Article 1 to be
2.    The tendering procedure shall take place in              supplied to the People's Republic of Bangladesh must
France in six lots of 10 000 metric tons each .                be of fair and sound merchantable quality and corres­
                                                               pond at least the standard quality of which the inter­
3. The product shall be mobilized on the Commu­                vention price is fixed, except that the moisture
nity market.                                                   content shall not exceed 15-5 % and that a maximum
4.     Loading shall take place for shipment from a            of 3 % of sprouted grains and 1 -5 % of miscellaneous
Community port.                                                impurities shall be allowed.
5. The product referred to in paragraph 1 is to be                                       Article 7
delivered bulk to the port of shipment in the vicinity
of the vessel . The goods must be set down at the place        1 . The French intervention agency shall be respon­
nominated by the recipient country or its agent, the           sible for operations relating to the invitation to tender
timing of delivery being settled by the tenderer and           provided for by this Regulation .
the recipient country's agent.
                                                               2.      It shall forthwith communicate to the Commis­
                          Article 2                            sion the list of firms which have responded to the invi­
                                                               tation to tender, specifying the terms of each tender,
1 . The decision on tenders received in response to            together with the name and business name of the
the invitation provided for in Article 1 shall be taken        successful tenderer.
on 24 September 1974.
                                                               3.      On the other hand, if the successful tenderer is
2. The closing date for the receipt of tenders shall           established in a Member State other than the one
be 24 September 1974 at 12 noon .                              collecting the tenders, and if the product is
3.     The   notice of invitation to     tender shall   be     despatched through a frontier post of the Member
published in the Official Journal of the European              State where the successful tenderer is established, the
Communities not less than seven days before the                intervention agency of the latter Member State shall
closing date for submission of tenders.                        be responsible for the operations relating to the
                                                               tendering.
                          Article 3
                                                                In this case, the intervention agency choosing the
The contract shall be awarded to the tenderer who              successful tenderer shall immediately inform the inter­
makes the most favourable offer.                               vention agency of the Member State concerned and
                                                                shall supply it with all the information which it may
However, if the tenders submitted do not appear to              require .
reflect normal market prices- and costs, the interven­
tion agency may cancel the invitation to tender.                4. The intervention agency shall request the
                                                                successful tenderer to supply the following informa­
                          Article 4                             tion :
 If the tenderer is unable to deliver the goods in              (a) after each shipment a certificate showing the quan­
 compliance with Article 1 (5) on ihe date given in the             tities despatched and the quality of the products ;
 notice of invitation to tender as a result of the late         (b) the date of departure of the vessels.
 availability of the vessels to be used for sea transporta­     The information indicated above shall be forwarded
 tion, the resulting costs shall be borne by the interven­
 tion agency.                                                   by the intervention agency to the Commission imme­
                                                                diately upon receipt.
                          Article 5
                                                                                          Article 8
 1 . The successful tenderer shall give security of a
 value of five units of account per metric ton of the           On delivery of the goods at the port of shipment, a
 product ; the security is intended to guarantee that the       handing-over certificate shall be supplied to the
 operations specified in Article 1 are duly completed.          successful tenderer, acting as agent for the Commu­
 The security shall be forfeited if those operations are        nity, by the agent of the recipient country, or in the
 not carried out within the prescribed time limit, save         absence of the latter, by the intervention agency of the
 as regards quantities not delivered owing to force             Member State in whose territory the port of shipment
  majeure.                                                      is situated .
 ---pagebreak--- 17. 9 . 74                      Official Journal of the European Communities                           No L 252/9
                      Article 9                                                     Article 10
The monetary compensatory amount shall not be               This Regulation shall enter into force on the day of its
levied for the products to be delivered under this          publication in the Official Journal of the European
Regulation .                                                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