CELEX: 31974R2402
Language: en
Date: 1974-09-20 00:00:00
Title: Regulation (EEC) No 2402/74 of the Commission of 20 September 1974 opening an invitation to tender for the mobilization of common wheat flour as food aid for the United Nations High Commission for Refugees

21 . 9 . 74                               Official Journal of the European Communities                         No L 256/ 15
                              REGULATION (EEC) No 2402/74 OF THE COMMISSION
                                                      of 20 September 1974
               opening an invitation to tender for the mobilization of common wheat flour as
                           food aid for the United Nations High Commission for Refugees
THE COMMISSION OF THE EUROPEAN                                       Whereas, should force majeure make it impossible to
COMMUNITIES,                                                         complete the operation in question within the time
                                                                     limits specified, it must be made clear who is to bear
                                                                     the liability for any resulting costs ;
Having regard to the Treaty establishing the European
Economic Community ;
Having regard to Council Regulation No 120/                          Whereas provision should be made for security to be
67/EEC ( J) of 13 June 1967 on the common organiza­                  given for the purpose of guaranteeing that the obliga­
tion of the market in cereals, as last amended by Regu­              tions arising by virtue of participation in the invita­
lation (EEC) No 1996/74 (2) ;                                        tion to tender for supplies to the United Nations
                                                                     High Commission for Refugees will be fulfilled ;
Having regard to Council Regulation (EEC) No
 1 693/72 (3) of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid, and               Whereas the Italian intervention agency should be
in particular Article 6 thereof ;                                    made responsible for the tendering procedure ;
Having regard to Council Regulation (EEC) No
974/71 (4) of 12 May 1971 covering certain measures
of conjunctural policy to be taken in the agricultural               Whereas the Commission must be informed quickly
sector following the temporary widening of the                       of the tenders submitted in response to the invitation
margins of fluctuation in the currencies of certain                  and of those accepted by the intervention agency ;
Member States, as last amended by Regulation (EEC)
No 3450/73 (5), and in particular Article 6(1 ) thereof ;
                                                                     Whereas the prices of soft wheat flour on the world
Whereas on 21 March 1974 the Council of the Euro­                    market exceed at this time to a marked extent the
 pean Communities declared that it proposed, by way                  prices ruling in the Community for that product ;
of Community action, to grant the equivalent of 2 565                whereas on the basis of data currently available no
 metric tons of common wheat (in other words, 1 699                  immediate change in this position is to be foreseen ;
 metric tons of common wheat flour) to the United                    whereas under these conditions tenderers can reason­
 Nations High Commission for Refugees under its                      ably expect that at the time of delivery of the products
 1973/74 food aid programme ;                                        in the tender no monetary compensatory amount will
                                                                     be applied to the export by virtue of Article 4a (2) of
                                                                     Regulation (EEC) No 974/71 ; whereas however the
Whereas pursuant to Article 3 (3) of Council Regula­                 Commission has proposed to the Council the suppres­
 tion (EEC) No 1693/72 the goods may be purchased                    sion of Article 4a (2) aforesaid ; whereas this measure
anywhere on the Community market ;                                   will have the effect of applying under all circum­
                                                                     stances the monetary compensatory amount for tran­
Whereas tenders should be invited for the supply of                  sactions with Member States with depreciated curren­
 the product to the port of shipment in the vicinity of              cies and in particular the levying of this amount on
 the vessel, the goods to be set down at the place nomi­             exports ; whereas in order not to hinder the execution
 nated by the recipient or its agent ;                               of this present food aid it is expedient to provide that
                                                                     any compensatory amount that might be applied
                                                                      following the suppression of Article 4a (2) aforesaid
 Whereas the award under the invitation to tender                    shall not be levied for the products to be delivered by
 must be made in favour of the tenderer offering the                 virtue of this present invitation to tender ;
 best terms ;
(')  OJ  No  117, 19 . 6 . 1967, p. 2269 /67.
(2)  OJ  No  L 209 , 31.7. 1974, p. 1 .
(J)  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 .                            are in accordance with the Opinion of the Manage­
(5)  OJ  No  L 353, 22. 12. 1973, p. 25.                              ment Committee for Cereals,
 ---pagebreak--- No L 256/ 16                          Official Journal of the European Communities                              21 . 9 . 74
HAS ADOPTED THIS REGULATION :                                    rity is intended to guarantee that the operations speci­
                                                                 fied in Article 1 are duly completed. The security
                          Article 1                              shall be forfeit if those operations are not carried out
                                                                 within the prescribed time limit, save as regards quan­
1 . Tenders are hereby invited for the supply to the             tities not delivered owing to force majeure.
United Nations High Commission for Refugees by
way of a Community action of 1 699 metric tons of                2. The security provided for in paragraph 1 may be
common wheat flour.                                              given in the form of a cash deposit or of a gaurantee
                                                                 issued by a credit institution conforming to the
2. The tendering procedure shall take place in Italy             criteria laid down by the Member State.
in one lot. The product shall be mobilized on the
Community market. The products shall be loaded for                                        Article 6
departure from a Mediterranean sea-port.
                                                                 1.     The common wheat flour referred to in Article 1
3 . The product referred to in paragraph 1 is to be              to be supplied to the United Nations High Commis­
delivered in new cotton sacks of a net capacity of 50            sion for Refugees must meet the following require­
kilogrammes to the port of shipment in the vicinity of           ments :
the vessel . The goods must be set down at the place
nominated by the recipient country or its agent, the             — moisture : 1 2 % maximum ;
timing of delivery being settled by the tenderer and             — protein content : 10-5 % minimum (N x 6-25 on
the recipient country's agent.                                        dry matter) ;
The following shall be printed on the sacks :                    — ash content : 0-52 % maximum referred to dry
                                                                      matter.
'Wheat flour — gift of the European Community to
the UNHCR for free distribution to Cyprus popula­                 Flour not meeting these requirements shall be
tion .'                                                           refused .
                                                                  2. Tenders for supply to the United Nations High
                          Article 2                               Commission for Refugees of the common wheat flour
                                                                  referred to in Article 1 must relate to a product with
 1 . The decision on tenders received in response to              the following characteristics :
the invitation provided for in Article 1 shall be taken
on 30 September 1974.                                            — moisture : 12% maximum ;
                                                                 — protein content : 10-5 % minimum (N x 6-25 on
 2. The closing date for the submission of tenders
                                                                      dry matter) ;
shall be 30 September 1974 at 12 noon .
                                                                  — ash content : 0-52 % maximum referred to dry
 3.     The   notice  of   invitation  to  tender  shall be            matter .
 published in the Official Journal of the European
 Communities not less than six days before the closing                                    Article 7
 date for the submission of tenders .
                                                                  1 . The Italian intervention agency shall be respon­
                           Article 3                              sible for the operations relating to the invitation to
                                                                  tender provided for by this Regulation .
The contract shall be awarded to the tenderer offering
 the best terms . However, if the tenders submitted do            2.    It shall forthwith communicate to the Commis­
 not appear to correspond to normal market prices and             sion the list of firms which have responded to the invi­
 costs, the intervention agency may cancel the invita­            tation to tender, specifying the terms of each tender,
 tion to tender.                                                  together with the name and business name of the
                                                                  successful tenderer.
                           Article 4                              3.    On the other hand, if the successful tenderer is
                                                                  established in a Member State other than the one
 If the tenderer is unable to deliver the goods in                collecting the tenders, and if the product is dispatched
 compliance with Article 1 (3) on the date given in the           through a frontier post of the Member State where the
 notice of invitation to tender as a result of the late
                                                                  successful tenderer is established, the intervention
 availability of the vessels to be used for sea transporta­       agency of the latter Member State shall be responsible
 tion , the resulting costs shall be borne by the interven­       for the operations relating to the tendering.
 tion agency.
                                                                   In this case, the intervention agency choosing the
                           Article 5                              successful tenderer shall immediately inform the inter­
                                                                  vention agency of the Member State concerned and
  1 . The successful tenderer shall give security of a            shall supply it with all the information which it may
 value of 10 units of account per metric ton ; the secu­           require .
 ---pagebreak--- 21 . 9 . 74                        Official Journal of the European Communities                         No L 256/ 17
4. The intervention agency shall ask that the                successful tenderer, acting as agent for the Commu­
tenderer specifies the following information :               nity, by the agent of the recipient country or, in the
(a) after each shipment, a statement giving details of       absence of the latter, by the intervention agency of the
     the quantities loaded, the quality of the products      Member State in whose territory the port of shipment
                                                             is situated .
     and their packaging ;
(b) the date of the departure of the ships, the expected                              Article 9
     date of arrival of the products at their destination .
                                                             The monetary compensatory amount shall not be
The intervention agency shall transmit the informa­          levied for the products to be delivered under this
tion provided for to the Commission as soon as it is         Regulation .
received .
                                                                                      Article 10
                         Article 8
                                                             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, 20 September 1974.
                                                                       For the Commission
                                                                           The President
                                                                      Francois-Xavier ORTOLI