CELEX: 31974R2213
Language: en
Date: 1974-08-23 00:00:00
Title: Regulation (EEC) No 2213/74 of the Commission of 23 August 1974 opening an invitation to tender for the mobilization of common wheat as aid for the Republic of Dahomey

24. 8 . 74                              Official Journal of the European Communities                          No L 233 / 27
                             REGULATION (EEC) No 2213/74 OF THE COMMISSION
                                                      of 23 August 1974
                opening an invitation to tender for the mobilization of common wheat as aid
                                                for the Republic of Dahomey
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 1 996/74 P);
 Having regard to Council Regulation (EEC) No                                             Article 1
 1 693/72 (3) of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid , and            1 . Tenders are hereby invited for the supply, by
in particular Article 6 thereof ;                                 way of Community food aid action to the Republic of
Whereas on 21 March 1974 the Council of the Euro­
                                                                   Dahomey of 4 000 metric tons of common wheat.
 pean Communities declared that by way of Commu­
 nity action it proposed to grant the Republic of                 2.     The tendering procedure shall take place in
                                                                   France in two lots .
 Dahomey 4 000 metric tons of common wheat under
the 1973/74 food-aid programme ;
                                                                   3 . The product shall be mobilized on the Commu­
Whereas an analysis of the state of the cereals market             nity market.
in the Community indicates that the criteria of Article
3(1 ) of Council Regulation ( EEC) No 1693/72 should              4.     Loading shall take place for shipment from an
be applied , and that the product should be bought on             Atlantic or Channel port.
the Community market ;
                                                                   5 . The product referred to in paragraph 1 is to be
Whereas tenders should be invited for the supply of
                                                                  delivered in new jute sacks of a net capacity of 50 kilo­
the product to the port of shipment in the vicinity of
the vessel, the goods to be set down at the place nomi­           grammes to the port of shipment in the vicinity of the
                                                                  vessel . The goods must be set down at the place nomi­
 nated by the recipient or its agent ;
                                                                   nated by the recipient country or its agent, the timing
Whereas      the  contract    should    be   awarded  to  the     of delivery being settled by the tenderer and the recip­
tenderer offering the best terms ;                                 ient country's agent.
Whereas in case it should be impossible for reasons of             6.    The following shall be printed on the sacks :
 force majeure to complete the operation in question
within the set time limits, it must be made clear who             ' Don de la Communaute Economique Europeenne a
 is to bear any costs resulting therefrom ;                        la Republique du Dahomey'.
Whereas provision should be made for security to be
given to guarantee fulfilment of the obligations arising
                                                                                          Article 2
by virtue of particpation in the invitation to tender for
the supply of wheat to the Republic of Dahomey.
                                                                   1 . The decision on tenders received in response to
Whereas the French intervention agency should be                   the invitation provided for in Article 1 shall be taken
made responsible for the tendering procedure in ques­              on 6 September 1974.
tion ;
                                                                   2.    The closing date for the receipt of tenders shall
Whereas the Commission must be informed quickly                    be 6 September 1974 at 12 noon .
of the tenders submitted in response to the invitation
and of those accepted by the intervention agency ;
                                                                   3.    The   notice of invitation   to . tender shall  be
(') OJ No 117, 19 . 6 . 1967, p . 2269 / 67.                       published in the Official Journal of the European
(2) OJ No L 209 , 31 . 7 . 1974, p. 1 .                            Communities not less than nine days before the
(3 ) OJ No L 178 , 5 . 8 . 1972, p. 1 .                            closing date for submission of tenders .
 ---pagebreak--- No L 233 /28                         Official Journal of the European Communities                              24 . 8 . 74
                          Article 3                            2.      It shall forthwith communicate to the Commis­
The contract shall be awarded to the tenderer who
                                                               sion the list of firms which have responded to the invi­
makes the most favourable offer.
                                                               tation to tender, specifying the terms of each tender,
                                                                together with the name and business name of the
However, if the tenders submitted do not appear to             successful tenderer.
reflect normal market prices and costs, the interven­
tion agency may cancel the invitation to tender.               3.      On the other hand , if the successful tenderer is
                                                                established in a Member State other than the one
                          Article 4                            collecting the tenders, and if the product is dispatched
                                                                through a frontier post of the Member State where the
If the tenderer is unable to deliver the goods in              successful tenderer is established , the intervention
compliance with Article 1 (5) on the date given in the         agency of the latter Member State shall be responsible
notice of invitation to tender as a result of the late          for the operations relating to the tendering.
availability of the vessels to be used for sea transporta­
tion , the resulting costs shall be borne by the interven­      In this case, the intervention agency choosing the
tion agency.                                                   successful tenderer shall immediately inform the inter­
                                                                vention agency of the Member State concerned and
                          Article 5                             shall supply it with all the information which it may
                                                                require.
 1 . The successful tenderer shall give security of a
value of 5 units of account per metric ton of the               4. The intervention agency shall request the
product ; the security is intended to guarantee that the        successful tenderer to supply the following informa­
operations specified in Article 1 are duly completed .          tion :
The security shall be forfeited if those operations are
not carried out within the prescribed time limit save          (a) after each shipment a certificate showing the quan­
as regards quantities not delivered owing to force                  tities dispatched and the quality of the products ;
majeure.                                                       (b) the date of departure of the vessels.
2. The security required under paragraph 1 may be              The information indicated above shall be forwarded
provided in the form of a cash deposit or of a                  by the intervention agency to the Commission imme­
guarantee issued by a credit institution conforming to          diately upon receipt.
criteria laid down by each Member State.
                          Article 6                                                       Article 8
The common wheat referred to in Article           1  to be      On delivery of the goods at the port of shipment, a
supplied to the Republic of Dahomey must be of fair             handing-over certificate shall be supplied to the
and sound merchantable quality and correspond at                successful tenderer, acting as agent for the Commu­
least to the standard quality for which the interven­           nity, by the agent of the recipient country or, in the
tion price is fixed, except that the moisture content           absence of the latter, by the intervention agency of the
shall not exceed 1 5-5 % and that a maximum of 3 %              Member State in whose territory the port of shipment
of sprouted grains, and 1 -5 % of miscellaneous impuri­         is situated .
ties shall be allowed .
                          Article 7                                                       Article 9
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, 23 August 1 974.
                                                                           f-'or the Commission
                                                                                The President
                                                                          Francois-Xavier ORTOL1