31974R0144

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 any event, be made responsible for the tendering Having regard to Council Regulation No 120/ procedure in question ; 67/ EEC (') of 13 June 1967 on the common organiza­ 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 from the ship's hold in bulk at the port of unloading. Whereas the award under the invitation to tender 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 . the carrier must have been agreed upon in advance by H 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 (■») OJ No L 323 , 24 . 11 . 1 973 , p. 23 . recipient country .

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 (a) after each shipment, a certificate showing the quan­ carried out within the prescribed time limit, save as tities dispatched, the quality of the products and regard quantities not delivered owing to force majeure. 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

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