CELEX: 31974R1177
Language: en
Date: 1974-05-10 00:00:00
Title: Regulation (EEC) No 1177/74 of the Commission of 10 May 1974 opening an invitation to tender for the mobilization of common wheat as aid for the Republic of Bolivia

No L 129 / 12                             Official Journal of the European Communities                               11 . 5 . 74
                             REGULATION ( EEC) No 1177/74 OF THE COMMISSION
                                                           of 10 May 1974
              opening an invitation to tender for the mobilization of common wheat as aid
                                                    for the Republic of Bolivia
THE COMMISSION OF THE EUROPEAN                                       HAS ADOPTED THIS REGULATION :
COMMUNITIES,
Having regard to the Treaty establishing the European                                        Article 1
Economic Community ;
Having regard to Council Regulation No 120/                          1.    Tenderers are hereby invited for the supply, by
67/ EECC ) of 13 June 1967 on the common organiza­                   way of Community food aid action , to the Republic of
tion of the market in cereals, as last amended by Regu­              Bolivia, of 10 000 metric tons of common wheat.
lation ( EEC) No 1 346/ 73 (-');
Having regard to Council Regulation (EEC) No                         2 . The tendering procedure shall take place in the
1 693/72 (3) of 3 August 1972 laying down the condi­                 Republic of France in one lot.
tions for the mobilization of cereals as food aid, and
in particular Article 6 thereof ;                                    3 . The product shall be mobilized on the Commu­
                                                                     nity market.
Whereas on 14 May 1973 the Council of the Euro­
pean Communities declared that by way of Commu­                      4.    Loading shall take place for shipment from one
nity action it proposed to grant the Republic of                     port of the Community.
Bolivia 10 000 metric tons of common wheat under
the 1972/73 food aid programme ;                                     5 . The product referred to in paragraph 1 is to be
Whereas an analysis of the state of the cereals market               loaded fob, that is to say at the moment when the
in the Community indicates that the criteria of Article              goods are loaded into the hold of the ship in the port
3(3) of Council Regulation (EEC) No 1693/72 should                   of loading in bulk, by the tenderer.
be applied, and that the product should be bought on
the Community market ;
                                                                                             Article 2
Whereas tenders should be invited for the supply of
the product fob ; that is to say at the moment when                  1 . The decision on tenders received in response to
the goods are loaded into the hold of the ship in the                the invitation provided for in Article 1 shall be taken
port of loading ;                                                    on 27 May 1974.
Whereas     the  contract     should      be   awarded   to  the
tenderer offering the best terms ;                                   2.    The closing date for submission of tenders shall
                                                                     be 27 May 1974 at 12 noon .
Whereas in case it should be impossible for reasons of
 force majeure to complete the operation in question                 3.    The   notice  of  invitation   to tender shall      be
within the set time limits , it must be made clear who
                                                                     published in the Official Journal of the European
is to bear any costs resulting therefrom ;                           Communities not less than nine days before the
Whereas provision should be made for security to be                  closing date for submission of tenders.
given to guarantee fulfilment of the obligations arising
by virtue of participation in the invitation to tender
for the supply of wheat to the Republic of Bolivia ;                                         Article 3
Whereas the French intervention agency should be                     The contract shall be awarded to the tenderer who
made responsible for the tendering procedure in ques­                makes the most favourable offer.
tion ;
Whereas the Commission must be informed quickly                      However, if the tenders submitted do not appear to
of the tenders submitted in response to the invitation               reflect normal market prices and costs, the interven­
and of those accepted by the intervention agency ;                   tion agency may cancel the invitation to tender.
Whereas the measures provided for in this Regulation
are in accordance with the Opinion of the Manage­                                            Article 4
ment Committee for Cereals,
(') OJ No 117, 19 . 6 . 1967, p . 2269/67 .                          If the tenderer is unable to load the product fob on
(2 ) OJ No L 141 , 28 . 5 . 1973 , p. 8 .                            the date given in the notice of invitation to tender as a
P) OJ No L 178 , 5 . 8 . 1972, p. 3 .                                result of the late availability of the vessels to be used
 ---pagebreak--- 11 . .5 . 74                        Official Journal of the European Communities                         No L 129/ 13
for sea transportation , the resulting costs shall be         2.      It shall forthwith communicate to the Commis­
borne by the intervention agency.                             sion the list of firms which have responded to the invi­
                                                              tation to tender, specifying the terms of each tender,
                         Article 5                             together with the name and business name of the
                                                              successful tenderer.
1 . The successful tenderer shall give security of a
value of 5 units of account per metric ton of the              3.     On the other hand , if the successfull tenderer is
                                                              established in a Member State other than the one
product ; the security is intended to guarantee that the
operations specified in Article 1 are duly completed.         collecting the tenders, and if the product is dispatched
The security shall be forfeited if those operations are        through a frontier post of the Member State where the
not carried out within the prescribed time limit, save        successful tenderer is established, the intervention
as regards quantities not delivered owing to force            agency of the latter Member State shall be responsible
majeure.                                                       for the operations relating to the tendering.
2. The security required under paragraph 1 may be              In this case, the intervention agency choosing the
provided in the form of a cash deposit or of a                successful tenderer shall immediately inform the inter­
guarantee issued by a credit institution conforming to        vention agency of the Member State concerned and
criteria laid down by each Member State .                     shall supply it with all the information which it may
                                                               require.
                         Article 6                            4. The intervention agency shall request the
                                                              successful tenderer to supply the following informa­
The common wheat referred to in Article 1 to be               tion :
supplied to the Republic of Bolivia must be of fair
and sound merchantable quality and correspond at              (a) after each shipment a certificate showing the quan­
least to the standard quality for which the interven­              tities dispatched and the quality of the products ;
tion price is fixed , except that the humidity shall not      (b) the date of departure of the ships.
exceed 1.5-5 % and that a maximum tolerance of 3 %            The information indicated above shall be forwarded
of sprouted grains and 1-5 % of miscellaneous impuri­         by the intervention agency to the Commission imme­
ties shall be allowed .
                                                              diately upon receipt.
                         Article 7                                                       Article 8
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, 10 May 1974.
                                                                          For the Commission
                                                                              The President
                                                                         Francois-Xavier ORTOL1