CELEX: 31974R0814
Language: en
Date: 1974-04-05 00:00:00
Title: Regulation (EEC) No 814/74 of the Commission of 5 April 1974 opening an invitation to tender for the mobilization of common wheat as aid for the Democratic and Popular Republic of Algeria

No L 96/ 14                             Official Journal of the European Communities                              6 . 4. 74
                            REGULATION (EEC) No 814/74 OF THE COMMISSION
                                                        of 5 April 1974
               opening an invitation to tender for the mobilization of common wheat as aid
                                for the Democratic and Popular Republic of Algeria
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 ( 1 ) of 13 June <1967 on the common organiza­
tion of the market in cereals as last amended by Regu­
lation (EEC) 1346/73 (2) ;
                                                                                          Article 1
Having regard to Council Regulation (EEC) No
1 693/72 (3) of 3 August 1972 laying down the condi­               1 . Tenders 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 Democratic
in particular Article 6 thereof ;                                  and Popular Republic of Algeria of 40 000 metric tons
                                                                   of common wheat.
Whereas on 23 May 1972 and 14 May 1973 the
Council of the European Communities declared that
by way of Community action it proposed to grant the                2. The tendering procedure shall take place in the
Democratic and Popular Republic of Algeria 40 000                  Republic of France in four lots.
metric tons of common wheat under the 1971 /72 and
1972/73 food aid programmes ;                                      3 . The product shall be mobilized on the Commu­
                                                                   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                of the ports laid down in the Annex.
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 ;
Whereas     the contract should be awarded to             the                             Article 2
tenderer offering the best terms.
                                                                   1 . The decision on tenders received in response to
Whereas in case it should be impossible for reasons of             the invitation provided for in Article 1 shall be taken
force majeure to complete the operation in question                on 19 April 1974.
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
Whereas provision should be made for security to be                be 19 April 1974 at 12 noon .
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
for the supply of wheat to the Democratic and                      published in the Official Journal of the European
Popular Republic of Algeria ;                                      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 J
Whereas the Commission must be informed quickly                    The contract shall be 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) OJ No L 141 , 28 . 5. 1973, p. 8 .                             reflect normal market prices and costs, the interven­
(3) OJ No L 178 , 5. 8 . 1973 , p . 3 .                            tion agency may cancel the invitation to tender.
 ---pagebreak--- 6 . 4. 74                            Official Journal of the European Communities                                   No L 96/ 15
                          Article 4                                 maximum tolerance of 3 % of sprouted grains and 1 -5
                                                                    of miscellaneous impurities shall be allowed.
If the tenderer is unable to load the product fob on
the date given in the notice of invitation to tender as a
                                                                                                Article 7
result of the late availability of the vessels to be used
for sea transportation, the resulting costs shall be                1 . The French intervention agency shall be respon­
borne by the intervention agency.                                   sible for operations relating to the invitation to tender
                                                                    provided for by this Regulation.
                        1 Article 5
                                                                    2.     It shall forthwith communicate to the Commis­
1 . The successful tenderer shall give security of a                sion the list of firms which have responded to the invi­
value of five units of account per metric ton of the                tation to tender, specifying the terms of each tender,
product ; the security is intended to guarantee that the            together with the name and business name of the
operations specified in Article 1 are duly completed.               successful tenderer.
The security shall be forfeited if those operations are
not carried out within the prescribed time limit, save              3 . The intervention agency shall request the
as regards quantities not delivered owing to force                  successful tenderer to supply the following informa­
majeure.                                                            tion :
2. The security required under paragraph 1 may be                   (a) after each shipment a certificate showing the quan­
provided in the form of a cash deposit or of a                          tities despatched and the quality of the products ;
guarantee issued by a credit institution conforming to              (b) the date of departure of the ships.
criteria laid down by each Member State.
                                                                    The information indicated above shall be forwarded
                          Article 6                                 by the intervention agency to the Commission imme­
                                                                    diately upon receipt.
The common wheat referred to in Article 1 to be
supplied to the Democratic and Popular Republic of                                              Article 8
Algeria must be of fair and sound merchantable
quality and correspond at least to the standard quality             This Regulation shall enter into force on the day of its
for which the intervention price is fixed, except that              publication in the Official Journal of the European
the humidity shall not exceed 1 5*5 % and that a                    Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 5 April 1974.
                                                                               For the Commission
                                                                                   The President
                                                                              Francois-Xavier ORTOLI
                                                             ANNEX
               Number of lot       Port from which consigned    Minimum rate of loading per day      Tonnage fob
                     i                                                                           10 000 metric tons
                                    Antwerp, Rotterdam,
                    2                Dunkerque, Rouen                                            10 000 metric tons
                                   and/or Mediterranean            Customs of the port
                    3                                                                            10 000 metric tons
                                             ports
                    4                                                                            10 000 metric tons