CELEX: 31974R0454
Language: en
Date: 1974-02-22 00:00:00
Title: Regulation (EEC) No 454/74 of the Commission of 22 February 1974 opening a new invitation to tender for the mobilization of common wheat flour as food aid for the Arabian Republic of Yemen

23 . 2. 74                                  Official Journal of the European Communities                         No L 51 /23
                                REGULATION (EEC) No 454/74 OF THE COMMISSION
                                                          of 22 February 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 be
Having regard to Council Regulation No 120/                            made responsible for the tendering procedure in ques­
67/EEC (') of 13 June 1967 on the common organiza­                     tion ;
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 1346/73 (2) ;                                          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
  144/74 (4) of 18 January 1974 opening an invitation to                                       Article 1
 tender for the mobilization of common wheat as food
 aid for the Arabian Republic of Yemen was not allo­                    1 . Tenders are hereby invited for the supply to the
 cated ; whereas a new invitation to tender should there­               Arabian Republic of Yemen by way of Community
  fore 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 provision 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 .                          the carrier must have been agreed upon in advance by
   (2)  OJ No  L 141 , 28 . 5 . 1973, p . 8 .
   (3 ) OJ No  L 178 , 5 . 8 . 1972, p. 3 .                              the authorized agent and the receiving agent of the
   (4)  OJ No  L 16, 19 . 1 . 1974, p . 28 .                             recipient country.
 ---pagebreak--- No L 51 /24                         Official Journal of the European Communities                               23. 2. 74
                         Article 2                             shall not exceed 15-5 % and that a maximum toler­
                                                               ance of 3 % of sprouted grains and 1 % of miscel­
1 . The decision on tenders received in response to            laneous impurities shall be allowed.
the invitation provided for in Article 1 shall be taken
on 15 March 1974 .                                             2. Tenders for supply to the Arabian Republic of
                                                               Yemen of the products specified in Article 1 must
2.     The closing date for submission of tenders shall        relate to products of common wheat of fair and sound
be 15 March 1974 at 12 noon .
                                                               merchantable quality, free from odour, and corres­
3.     The   notice of invitation    to  tender shall be       pond at least to the standard quality for which the
published in the Official Journal of the European              intervention price is fixed, except that the humidity
                                                               shall not exceed 1 5-5 % and that a maximum toler­
Communities 10 days before the closing date for
submission of tenders .                                        ance of 3 % of sprouted grains and 1 % of miscel­
                                                               laneous impurities shall be allowed.
                         Article 3
                                                                                          Article 6
The contract shall be awarded to the tenderer who
makes the most favourable offer. However, if the                1 . The French intervention agency shall be respon­
                                                               sible for the operations relating to the invitation to
tenders submitted do not appear to correspond to
normal market prices and costs, the intervention
                                                               tender provided for by this Regulation .
agency may cancel the invitation to tender.                    2.      It shall forthwith communicate to the Commis­
                                                               sion the list of firms which have responded to the invi­
                         Article 4                             tation to tender, specifying the terms of each tender,
                                                               together with the name and business name of the
 1 . The successful tenderer shall give security of a          successful tenderer.
value of five units of account per metric ton of the
 product ; the security is intended to guarantee that the       3 . The .intervention agency shall request the
 operations specified in Article 1 are duly completed.         successful tenderer to supply the following informa­
                                                                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
 regards quantities not delivered owing to force                    tities dispatched, the quality of the products and
 majeure.
                                                                    the type of packing ;
                                                                (b) the date of departure of the ships, the estimated
 2. The security provided for in paragraph 1 may be                 date of arrival of the products at their destination ;
 given in the form of a cash deposit or of a guarantee
 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.
                                                                The information indicated above shall be forwarded
                          Article 5                             by the intervention agency to the Commission imme­
                                                                diately upon receipt.
 1 . The products specified in Article 1 to be
 supplied for human consumption to the Arabian                                             Article 7
 Republic of Yemen must be of fair and sound
 merchantable quality, be free from odour, and corres­          This Regulation shall enter into force on the day of its
 pond at least to the standard quality for which the             publication in the Official Journal of the European
 intervention price is fixed, except that the humidity           Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
                Done at Brussels, 22 February 1974.
                                                                            For the Commission
                                                                                The President
                                                                           Francois-Xavier ORTOLI
 ---pagebreak--- 23 . 2. 74         Official Journal of the European Communities                         No L 51 / 25
                                       ANNEX
           Number
            of lot  Port of unloading       Minimum rate of unloading     Tonnage cif
              1       Hodeidah               Customs of the port      4 000 metric tons