CELEX: 31974R2219
Language: en
Date: 1974-08-26 00:00:00
Title: Regulation (EEC) No 2219/74 of the Commission of 26 August 1974 opening an invitation to tender for the mobilization of common wheat as aid for the People's Republic of Bangladesh

27. 8 . 74                            Official Journal of the European Communities                          No L 234/ 5
                           REGULATION (EEC) No 2219/74 OF THE COMMISSION
                                                    of 26 August 1974
                opening an invitation to tender for the mobilization of common wheat as aid
                                       for the People's Republic of Bangladesh
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 (2) ;                                                           Article 1
 Having regard to Council Regulation (EEC) No                    1.    Tenders are hereby invited for the supply, by
 1 693/72 (3) of 3 August 1972 laying down the condi­            way of Community food aid action, to the People's
tions for the mobilization of cereals as food aid , and          Republic of Bangladesh of 60 000 metric tons of
in particular Article 6 thereof ;                                common wheat .
Whereas on 21 March 1974 the Council of the Euro­
                                                                 2.    The tendering procedure shall take place in
pean Communities declared that by way of Commu­                  France in six lots of 10 000 metric tons each .
nity action it proposed to grant the People's Republic
of Bangladesh 60 000 metric tons of common wheat                 3 . The product shall be mobilized on the Commu­
under the 1973/74 food-aid programme ;                           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 a
3(1 ) of Council Regulation (EEC) No 1693/72 should              Community port.
be applied, and that the product should be bought on
the Community market ;                                           5. The product referred to in paragraph 1 is to be
                                                                 delivered in bulk to the port of shipment in the
Whereas tenders should be invited for the supply of             vicinity of the vessel . The goods must be set down at
the product to the port of shipment in the vicinity of           the place nominated by the recipient country or its
the vessel, the goods to be set down at the place nomi­          agent, the timing of delivery being settled by the
nated by the recipient or its agent ;                            tenderer and the recipient country's agent.
Whereas      the  contract  should    be   awarded  to  the
tenderer offering the best terms ;                                                       Article 2
Whereas in case it should be impossible for reasons of           1 . The decision on tenders received in response to
force majeure to complete the operation in question              the invitation provided for in Article 1 shall be taken
within the set time limits, it must be made clear who            on 6 September 1974.
is to bear any costs resulting therefrom ;
                                                                 2. The closing date for the receipt of tenders shall
Whereas provision should be made for security to be             be 6 September 1974 at 12 noon .
given to guarantee fulfilment of the obligations arising
by virtue of participation in the invitation to tender          3.    The    notice of invitation  to  tender shall   be
for the supply of wheat to the People's Republic of              published in the Official Journal of the European
Bangladesh ;                                                     Communities not less than nine days before the
Whereas the French intervention agency should be                closing date for submission of tenders .
made responsible for the tendering procedure in ques­
tion ;                                                                                   Article 3
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 209, 31 . 7. 1974, p. 1 .                           reflect normal market prices and costs, the interven­
P) OJ No L 178 , 5. 8 . 1972, p. 1 .                            tion agency may cancel the invitation to tender.
 ---pagebreak--- No L 234/6                          Official Journal of the European Communities                              27 . 8 . 74
                         Article 4                             tation to tender, specifying the terms of each tender,
                                                               together with the name and business name of the
If the tenderer is unable to deliver the goods in              successful tenderer.
compliance with Article 1 (5) on the date given in the
notice of invitation to tender as a result of the late         3.     On the other hand, if the successful tenderer is
availability of the vessels to be used for sea transporta­     established in a Member State other than the one
tion, the resulting costs shall be borne by the interven­      collecting the tenders, and if the product is dispatched
tion agency.                                                   through a frontier post of the Member State where the
                                                               successful tenderer is established, the intervention
                         Article 5                             agency of the latter Member State shall be responsible
                                                               for the operations relating to the tendering.
1 . The successful tenderer shall give security of a
value of 5 units of account per metric ton of the              In this case, the intervention agency choosing the
product ; the security is intended to guarantee that the       successful tenderer shall immediately inform the inter­
operations specified in Article 1 are duly completed .        vention agency of the Member State concerned and
The security shall be forfeited if those operations are       shall supply it with all the information which it may
not carried out within the prescribed time limit, save         require.
as regards quantities not delivered owing to force             4. The intervention agency shall request the
majeure.                                                       successful tenderer to supply the following informa­
                                                               tion :
2. The security required under paragraph 1 may be
provided in the form of a cash deposit or of a                (a) after each shipment a certificate showing the quan­
guarantee issued by a credit institution conforming to             tities dispatched and the quality of the products ;
criteria laid down by each Member State.                      (b) the date of departure of the vessels .
                         Article 6                            The information indicated above shall be forwarded
                                                               by the intervention agency to the Commission imme­
The common wheat referred to in Article 1 to be                diately upon receipt.
supplied to the People's Republic of Bangladesh must
be of fair and sound merchantable quality and corres­                                    Article 8
pond at least to the standard quality for which the
intervention price is fixed, except that the moisture          On delivery of the goods at the port of shipment, a
content shall not exceed 1 5-5 % and that a maximum            handing-over certificate shall be supplied to the
of 3 % of sprouted grains and 1 •5 % of miscellaneous          successful tenderer, acting as agent for the Commu­
impurities shall be allowed .                                  nity, by the agent of the recipient country or, in the
                                                               absence of the latter, by the intervention agency of the
                         Article 7                             Member State in whose territory the port of shipment
                                                               is situated .
1 . The French intervention agency shall be respon­
sible for operations relating to the invitation to tender                                Article 9
provided for by this Regulation .
                                                              This Regulation shall enter into force on the day of its
2.     It shall forthwith communicate to the Commis­           publication in the Official Journal of the European
sion the list of firms which have responded to the invi­       Co mm unities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
                Done at Brussels, 26 August 1974.
                                                                          For the Commission
                                                                              The President
                                                                         Francois-Xavier ORTOLI