CELEX: 31974R2363
Language: en
Date: 1974-09-13 00:00:00
Title: Regulation (EEC) No 2363/74 of the Commission of 13 September 1974 opening a new invitation to tender for the mobilization of common wheat as aid for the Republic of Togo

17 . 9 . 74                             Official Journal of the European Communities                         No L 252/ 13
                              REGULATION (EEC) No 2363/74 OF THE COMMISSION
                                                      of 13 September 1974
                opening a new invitation to tender for the mobilization of common wheat as aid
                                                    for the Republic of Togo
THE COMMISSION OF THE EUROPEAN                                     Whereas the French intervention agency should be
COMMUNITIES,                                                       made responsible for the tendering procedure in ques­
                                                                   tion ;
Having regard to the Treaty establishing the European
 Economic Community ;
                                                                   Whereas the Commission must be informed quickly
 Having regard to Council Regulation No 120/                       of the tenders submitted in response to the invitation
67/EEC (*) of 13 June 1967 on the common organiza­                 and of those accepted by the intervention agency ;
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 1 996/74 (2) ;                                     Whereas the prices of soft wheat on the world market
 Having regard to Council Regulation (EEC) No                       exceed at this time to a marked extent the prices
 1 693/72 (3) of 3 August 1972 laying down the condi­               ruling in the Community for that product ; whereas
tions for the mobilization of cereals as food aid, and              on the basis of data currently available no immediate
in particular Article 6 thereof ;                                  change in this position is to be foreseen ; whereas
                                                                    under these conditions tenderers can reasonably
 Having regard to Council Regulation (EEC) No                       expect that at the time of delivery of the products in
974/71 (4) of 12 May 1971 covering certain measures                 the tender no monetary compensatory amount will be
of conjunctural policy to be taken in the agricultural             applied to the export by virtue of Article 4 bis (2) of
sector following the temporary widening of the                      Regulation (EEC) No 974/71 ; whereas however the
 margins of fluctuation in the currencies of certain                Commission has proposed to the Council the suppres­
Member States, as last amended by Regulation (EEC)                  sion of paragraph 2 of Article 4 bis aforesaid ; whereas
 No 3450/73 (5), and in particular Article 6(1 ) thereof ;          this measure will have the effect of applying under all
                                                                    circumstances the monetary compensatory amount for
Whereas on 21 March 1974 the Council of the Euro­
                                                                    transactions with Member States with depreciated
 pean Communities declared that by way of Commu­                    currencies and in particular the levying of this amount
 nity action it proposed to grant the Republic of Togo              on exports ; whereas in order not to hinder the execu­
 3 500 metric tons of common \yheat under the
                                                                    tion of this present food aid it is expedient to provide
 1973/74 food-aid programme ;                                       that any compensatory amount that might be applied
Whereas an analysis of the state of the cereals market              following the suppression of paragraph 2 of Article
 in the Community indicates that the criteria of Article            4 bis aforesaid shall not be levied for the products to
 3(1 ) of Council Regulation (EEC) No 1693/72 should                be delivered by virtue of this present invitation to
be applied, and that the product should be bought on                tender ;
 the Community market ;
                                                                    Whereas the measures provided for in this Regulation
Whereas tenders should be invited for the supply of                 are in accordance with the Opinion of the Manage­
 the product to the port of shipment in the vicinity of             ment Committee for Cereals ,
 the vessel, the goods to be set down at the place nomi­
 nated by the recipient or its agent ;
Whereas      the   contract    should    be   awarded   to the
 tenderer offering the best terms ;                                 HAS ADOPTED THIS REGULATION :
Whereas in case it should be impossible for reasons of
force majeure to complete the operation in question
within the set time limits , it must be made clear who                                      Article 1
 is to bear any costs resulting therefrom ;
Whereas provision should be made for security to be                  1 . Tenders are hereby invited for the supply, by
given to guarantee fulfilment of the obligations arising            way of Community food aid action, to the Republic of
 by virtue of participation in the invitation to tender             Togo of 3 500 metric tons of common wheat.
 for the supply of wheat to the Republic of Togo ;
                                                                    2. The tendering procedure shall take place in the
(')  OJ   No 117, 19 . 6. 1967, p. 2269/ 67.                        Republic of France in one lot .
(2)  OJ   No L 209, 31 . 7. 1974, p. 1 .
(3)  OJ   No L 178 , 5. 8 . 1972, p. 1 .
(<)  OJ   No L 106, 12. 5. 1971 , p. 1 .                            3.    The product shall be mobilized on the Commu­
(5)  OJ   No L 353, 22. 12. 1973, p. 25.                            nity market.
 ---pagebreak--- No L 252/ 14                        Official Journal of the European Communities                               17 . 9 . 74
4. Loading shall take place for shipment from one              fixed, except that the moisture content shall not
port of the , Community.                                       exceed     15-5% and that a maximum of 3%                of
                                                               sprouted grains and 1-5 % of miscellaneous impuri­
5. The product referred to, in paragraph 1 is to be            ties shall be allowed .
delivered in bulk to the port of shipment in the
vicinity of the vessel . The goods must be set down at                                  Article 7
the place nominated by the recipient country or its
agent, the timing of delivery being settled by the             1 . The French intervention agency shall be respon­
tenderer and the recipient country's agent.                    sible for operations relating to the invitation to tender
                                                               provided for by this Regulation .
                         Article 2
                                                               2.     It shall forthwith communicate to the Commis­
1 . The decision on tenders received in response to            sion the list of firms which have responded to the invi­
the invitation provided for in Article 1 shall be taken        tation to tender, specifying the terms of each tender,
on 27 September 1974.                                          together with the name and business name of the
                                                               successful tenderer.
2. The closing date for the receipt of tenders shall
be 27 September 1974 at 12 noon .                              3.     On the other hand, if the successful tenderer is
                                                               established in a Member State other than the one
3.    The    notice of invitation    to tender shall be        collecting the tenders, and if the product is
published in the Official Journal of the European              despatched through a frontier post of the Member
Communities not less than nine days before the                 State where the successful tenderer is established, the
closing date for submission of tenders.                        intervention agency of the latter Member State shall
                                                               be responsible for the operations relating to the
                         Article 3                             tendering.
The contract shall be awarded to the tenderer who              In this case, the intervention agency choosing the
makes the most favourable offer.                               successful tenderer shall immediately inform the inter­
                                                               vention agency of the Member State concerned and
However, if the tenders submitted do not appear to             shall supply it with all the information which it may
reflect normal market prices and costs, the interven­          require .
tion agency may cancel the invitation to tender.
                                                               4. The intervention agency shall request the
                         Article 4                             successful tenderer to supply the following informa­
                                                               tion :
If the tenderer is unable to deliver the goods in              (a) after each shipment a certificate showing the quan­
compliance with Article 1 (5) on the date given in the              tities despatched and the quality of the products ;
notice of invitation to tender as a result of the late
                                                               (b) the date of departure of the vessels.
availability of the vessels to be used for sea transporta­
tion, the resulting costs shall be borne by the interven­      The information indicated above shall be forwarded
tion agency.                                                   by the intervention agency to the Commission imme­
                                                                diately upon receipt.
                          Article 5
                                                                                        Article 8
 1 . The successful tenderer shall give security of a
value of five units of account per metric ton of the            On delivery of the goods at the port of shipment, a
product ; the security is intended to guarantee that the        handing-over certificate shall be supplied to the
operations specified in Article 1 are duly completed.           successful tenderer, acting as agent for the Commu­
The security shall be forfeited if those operations are         nity, by the agent of the recipient country, or in the
 not carried out within the prescribed time limit, save         absence of the latter, by the intervention agency of the
 as regards quantities not delivered owing to force             Member State in whose territory the port of shipment
 majeu re.                                                      is situated .
 2.   The security required under paragraph 1 may be                                     Article 9
 provided in the form of a cash deposit or of a
guarantee issued by a credit institution conforming to          The monetary compensatory amount shall not be
criteria laid down by each Member State.                        levied for the products to be delivered under this
                                                                Regulation .
                          Article 6
                                                                                        Article 10
The common wheat referred to in Article 1 to be
 supplied to the Republic of Togo must be of fair and           This Regulation shall enter into force on the day of its
 sound merchantable quality and correspond at least to          publication in the Official Journal of the European
 the standard quality of which the intervention price is         Communities.
 ---pagebreak--- 17. 9 . 74                    Official Journal of the European Communities                      No L 252/ 15
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 13 September 1974.
                                                                  For the Commission
                                                                      The President
                                                                 Francois-Xavier ORTOLI