CELEX: 31974R0144
Language: en
Date: 1974-01-18 00:00:00
Title: Regulation (EEC) No 144/74 of the Commission of 18 January 1974 opening a new invitation to tender for the mobilization of common wheat as food aid for the Arabian Republic of Yemen

No L 16/ 28                               Official Journal of the European Communities                            19 . 1 . 74
                               REGULATION ( EEC) No 144/ 74 OF THE COMMISSION
                                                        of 18 January 1974
               opening a new invitation to tender for the mobilization of common wheat as
                                         food aid for the Arabian Republic of Yemen
THE COMMISSION OF THE EUROPEAN                                       tions arising by virtue of participation in the invita­
COMMUNITIES,                                                         tion to tender for supplies to the Arabian Republic of
                                                                     Yemen will be fulfilled ;
Having regard to the Treaty establishing the European
Economic Community ;
                                                                     Whereas the French intervention agency should , in
Having regard to Council Regulation No 120/                          any event, be made responsible for the tendering
67/ EEC (') of 13 June 1967 on the common organiza­                  procedure in question ;
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 1 346/73 (-) ;                                       Whereas the Commission must be informed quickly
                                                                     of the tenders submitted in response to the invitation
Having regard to Council Regulation (EEC) No                         and of those accepted by the intervention agency ;
1 693/72 (3 ) of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid , and
                                                                     Whereas the measures provided for in this Regulation
in particular Article 6 thereof ;
                                                                     are in accordance with the Opinion of the Manage­
                                                                     ment Committee for Cereals ,
Whereas on 23 May 1973 the Council of the Euro­
pean Communities declared that by way of Commu­
nity action it proposed to grant the Arabian Republic
of Yemen 4 000 metric tons of common wheat under
its 1971 /72 food aid programme ;                                     HAS ADOPTED THIS REGULATION :
Whereas the invitation to tender opened in the
Community under Commission Regulation ( EEC) No
3189/73 (4 ) of 23 November 1973 opening an invita­                                           Article 1
tion to tender for the mobilization of common wheat
as food aid for the Arabian Republic of Yemen was                     1 . Tenders are hereby invited for the supply to the
not allocated ; whereas a new invitation to tender                    Arabian Republic of Yemen by way of Community
should therefore be opened ;                                          food aid   action   of 4 000  metric tons of common
                                                                      wheat .
Whereas analysis of the state of the Community
cereals market indicates that the criteria of Article 3
(3) of Council Regulation ( EEC) No 1693/72 should                    2.    The tendering procedure shall take place in
be applied, and that the products should be purchased                 France in one lot. The product shall be mobilized on
on the Community market ;                                             the Community market . The products shall be loaded
                                                                      for departure from a Community port .
Whereas the proposed invitation to tender should be
 for supply of the products delivered cif ; that is at the            3 . The invitation to tender provided for in para­
 moment when the goods are actually removed from                      graph 1 is for supply of products delivered cif, that is
 the ship's hold at the port of unloading ;                           at the moment when the goods are actually removed
 Whereas the award under the invitation to tender
                                                                      from the ship's hold in bulk at the port of unloading.
 must be made in favour of the tenderer offering the
 best terms ;                                                         The recipient country shall bear all costs subsequent
                                                                      to delivery of the goods , including unloading costs
 Whereas, should force majeure make it impossible to                  (such as unstowing, hoisting and reception ) and any
 complete the operation in question within the set                    lighterage costs .
 time limit , it must be made clear who is to bear the
 liability for any resulting costs ;                                  Any demurrage costs or dispatch money at the port of
                                                                      unloading shall be a charge on or for the benefit of
 Whereas provisions should be made for security to be                 the recipient country. The rates and detailed arrange­
 given for the purpose of guaranteeing that the obliga­               ments relating thereto laid down in the contract
                                                                      between the authorized agent of the Community and
 (')  OJ No  117, 19 . 6 . 1967 , p . 2269 / 67 .
 H    OJ No  L 141 , 28 . 5 . 1973 , p. 8 .                           the carrier must have been agreed upon in advance by
 (3 ) OJ No  L 178 , 5 . 8 . 1972, p. 3 .                             the authorized agent and the receiving agent of the
 (■») OJ No  L 323 , 24 . 11 . 1 973 , p. 23 .                         recipient country .
 ---pagebreak---   9 . 1 . 74                         Official Journal of the European Communities                             No L 16/ 29
                         Article 2                              ance of 3 % of sprouted grains and 1 % of miscel­
                                                                laneous impurities shall be allowed .
1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken         2 . Tenders for supply to the Arabian Republic of
on 1 February 1974.                                             Yemen of the products specified in Article 1 must
                                                                relate to products of common wheat of fair and sound
2. The closing date for submission of tenders shall             merchantable quality, free from odour, and corres­
be 1 February 1974 at 12 noon .                                 pond at least to the standard quality for which the
3.      The  notice  of  invitation   to  tender  shall be      intervention price is fixed, except that the humidity
                                                                shall not exceed 15-5 % and that a maximum toler­
published in the Official Journal of the European
Communities ten days before the closing date for                ance of 3 % of sprouted grains and 1 % of miscel­
submission of tenders .                                         laneous impurities shall be allowed .
                          A rticle 3                                                        Article 6
The contract shall be awarded to the tenderer who                1 . The French intervention agency shall be respon­
makes the most favourable offer. However, if the                sible for the operations relating to the invitation to
tenders submitted do not appear to correspond to                tender provided for by this Regulation .
normal market prices and costs, the intervention                2.      It shall forthwith communicate to the Commis­
agency may cancel the invitation to tender.                     sion the list of firms which have responded to the invi­
                                                                tation to tender, specifying the terms of each tender,
                          A rticle 4
                                                                together with the name and business name of the
                                                                successful tenderer.
 1 . The successful tenderer shall give security of a
value of five units of account per metric ton of the             3 . The intervention agency shall request the
 product ; the security is intended to guarantee that the        successful tenderer to supply the following informa­
 operations specified in Article 1 are duly completed .          tion :
The security shall be forfeit if those operations are not
 carried out within the prescribed time limit, save as           (a) after each shipment, a certificate showing the quan­
 regard quantities not delivered owing to force majeure.              tities dispatched, the quality of the products and
                                                                      the type of packing ;
 2. The security provided for in paragraph 1 may                 (b) the date of departure of the ships, the estimated
 given in form of a cash deposit or of a guarantee                    date of arrival of the products at their destination ;
 issued by a credit institution conforming to the                (c) incidents likely to occur during transport of the
 criteria laid down by the Member State .                             products.
                          Article 5                              The information indicated above shall be forwarded
                                                                 by the intervention agency to the Commission imme­
  1 . The products specified in Article 1 to be                   diately upon receipt.
 supplied for human consumption to the Arabian
 Republic of Yemen must be of fair and sound                                                Article 7
 merchantable quality, be free from odour, and corres­
 pond at least to the standard quality for which the             This Regulation shall enter into force on the day of its
 intervention price is fixed , except that the humidity           publication in the Official Journal of the European
 shall not exceed 15-5% and that a maximum toler­                 Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
                Done at Brussels, 18 January 1974.
                                                                             For the Commission
                                                                                 The President
                                                                            Francois-Xavier ORTOLI
 ---pagebreak--- No L 16 / 30               Official Journal of the European Communities                         19 . 1 . 74
                                               ANNEX
             Number of lot   Port of unloading      Minimum rate of unloading     Tonnage cif
                  1            Hodeidah              Customs of the port      4 000 metric tons