CELEX: 31974R1097
Language: en
Date: 1974-05-03 00:00:00
Title: Regulation (EEC) No 1097/74 of the Commission of 3 May 1974 opening an invitation to tender for the mobilization of common wheat as aid for the Republic of the Lebanon

4 . 5 . 74                               Official Journal of the European Communities                           No L 122/21
                             REGULATION ( EEC) No 1097 /74 OF THE COMMISSION
                                                          of 3 May 1974
                 opening an invitation to tender for the mobilization of common wheat as aid
                                                for the Republic of the Lebanon
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 ;
                                                                    HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation No 120/
67/ EEC (') of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­                                     Article- 1
lation (EEC) No 1 346/73 (2) ;
                                                                    1 . Tenderers are hereby invited for the supply, by
Having regard to Council Regulation (EEC) No                        way of Community food aid action , to the Republic of
 1 693 /72 (3 ) of 3 August 1972 laying down the condi­             the Lebanon , of 5 000 metric tons of common wheat .
tions for the mobilization of cereals as food aid, and
in particular Article 6 thereof ;                                   2. The tendering procedure shall take place in the
Whereas on 14 May 1973 the Council of the Euro­                     Republic of France in one lot.
pean Communities declared that by way of Commu­                     3 . The product shall be mobilized on the Commu­
nity action it proposed to grant the Republic of the                nity market.
Lebanon 5 000 metric tons of common wheat under
the 1972/73 food aid programme ;                                    4.     Loading shall take place for shipment from one
                                                                    of the Community ports .
Whereas an analysis of the state of the cereals market
in the Community indicates that the criteria of Article             5 . The product referred to in paragraph 1 is to be
3 (3) of Council Regulation ( EEC) No 1693 /72 should               loaded fob, that is to say at the moment when the
be applied, and that the product should be bought on                goods are loaded into the hold of the ship in the port
the Community market ;                                              of loading in bulk by the tenderer.
Whereas tenders should be invited for the supply of
the product fob ; that is to say at the moment when                                         Article 2
the goods are loaded into the hold of the ship in the
 port of loading ;                                                   1.    The decision on tenders received in response to
                                                                    the invitation provided for in Article 1 shall be taken
Whereas        the  contract   should      be awarded   to  the
                                                                    on 17 May 1974.
tenderer offering the best terms ;
                                                                    2.     The closing date for submission of tenders shall
Whereas in case it should be impossible for reasons of              be 17 May 1974 at 12 noon .
 force majeure to complete the operation in question
within the set time limits, it must be made clear who               3.     The  notice  of  invitation  to   tender  shall be
 is to bear any costs resulting therefrom ;                          published in the Official Journal of the European
                                                                     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 the                                             Article 3
 Lebanon ;
                                                                    The contract shall be awarded to the tenderer who
 Whereas the French intervention agency should be                    makes the most favourable offer.
 made responsible for the tendering procedure in ques­
 tion ;                                                              However, if the tenders submitted do not appear to
                                                                     reflect normal market prices and costs, the interven­
 Whereas the Commission must be informed quickly                     tion agency may cancel the invitation to tender.
 of the tenders submitted in response to the invitation
 and of those accepted by the intervention agency ;
                                                                                            Article 4
 (') OJ No 117, 19 . 6 . 1967, p . 2269/ 67.
 (2 ) OJ No L 141 , 28 . 5 . 1973 , p. 8 .                           If the tenderer is unable to load the product fob on
 (3 ) OJ No L 178 , 5 . 8 . 1972, p. 3 .                             the date given in the notice of invitation to tender as a
 ---pagebreak--- No L 122/ 22                        Official Journal of the European Communities                                4 . 5 . 74
result of the late availability of the vessels to be used      2.     It shall forthwith communicate to the Commis­
for sea transportation , the resulting costs shall be          sion the list of firms which have responded to the invi­
borne by the intervention agency.                              tation to tender, specifying the terms of each tender,
                                                               together with the name and business name of the
                        Article 5                              successful tenderer.
1 . The successful tenderer shall give security of a           3.     On the other hand , if the successful tenderer is
                                                               established in a Member State other than the one
value of 5 units of account per metric ton of the
product ; the security is intended to guarantee that the       collecting the tenders, and if the product is
operations specified in Article 1 are duly completed.          despatched through a frontier post of the Member
The security shall be forfeited if those operations are        State where the successful tenderer is established , the
not carried out within the prescribed time limit, save         intervention agency of the latter Member State shall
as regards quantities not delivered owing to force             be responsible for the operations relating to the tender­
majeure.                                                       ing.
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 the Lebanon must be of
fair and sound merchantable quality and correspond             (a) after each shipment a certificate showing the quan­
at least to the standard quality for which the interven­            tities despatched 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, 3 May 1974.
                                                                           For the Commission
                                                                               The President
                                                                          Francois-Xavier ORTOLI