31974R0454

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 made responsible for the tendering procedure in ques­ Having regard to Council Regulation No 120/ tion ; 67/EEC (') of 13 June 1967 on the common organiza­ 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 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 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.

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 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 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 (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 regards quantities not delivered owing to force the type of packing ; majeure. (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 (c) incidents likely to occur during transport of the issued by a credit institution conforming to the products . criteria laid down by the Member State. 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

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