31974R2401
No L 256/ 12 Official Journal of the European Communities 21 . 9 . 74
REGULATION ( EEC) No 2401 /74 OF THE COMMISSION of 20 September 1974 opening an invitation to tender for the mobilization of common wheat flour as aid for the Republic of Sri Lanka
THE COMMISSION OF THE EUROPEAN virtue of particpation in the invitation to tender for COMMUNITIES , the supply of goods to the Republic of Sri Lanka ;
Having regard to the Treaty establishing the European Economic Community ; Whereas the Dutch intervention agency should be made responsible for organizing the invitation to Having regard to Council Regulation No 120/ tender ; 67/EEC (') of 13 June 1967 on the common organiza tion of the market in cereals, as last amended by Regu Whereas it is important that the Commission be lation (EEC) No 1996/74 (2); informed without delay of the tenders submitted in response to the invitation and of those accepted by Having regard to Council Regulation (EEC) No the intervention agency ; 1 693/72 (3) of 3 August 1972 establishing the criteria for the mobilization of cereals to be used as food aid, and in particular Article 6 thereof ; Whereas the prices of common wheat flour on the world market exceed at this time to a marked extent Having regard to Council Regulation (EEC) No the prices ruling in the Community for that product ; 974/71 (4) of 12 May 1971 covering certain measures whereas on the bais of data currently available no of conjunctural policy to be taken in the agricultural immediate change in this position is to be foreseen ; sector following the temporary widening of the whereas under these conditions tenderers can reason margins of fluctuation in the currencies of certain ably expect that at the time of delivery of the products Member States, as last amended by Regulation (EEC) in the tender no monetary compensatory amount will No 3450/73 (5), and in particular Article 6 ( 1 ) thereof ; be applied to the export by virtue of Article 4a (2) of Regulation (EEC) No 974/71 ; whereas however the Whereas on 21 March 1974, the Council of the Euro Commission has proposed to the Council the suppres pean Communities declared that by way of Commu sion of Article 4a (2) aforesaid ; whereas this measure nity action it proposed to grant to the Republic of Sri will have the effect of applying under all circum Lanka the equivalent of 16 000 metric tons of stances the monetary compensatory amount for tran common wheat, in the form of flour, i.e. 10 596 sactions with Member States with depreciated curren metric tons of common wheat flour, under its 1973/74 cies and in particular the levying of this amount on food aid programme ; exports ; whereas in order not to hinder the execution of this present food aid it is expedient to provide that Whereas pursuant to Article 3 (3) of Council Regula any compensatory amount that might be applied tion (EEC) No 1693/72 the goods may be purchased following the suppression of Article 4a (2) aforesaid anywhere on the Commjjnity market ; shall not be levied for the products to be delivered by virtue of this present invitation to tender ; Whereas tenders should be invited for the supply of the product to the port of shipment in the vicinity of the vessel, the goods to be set down at the place nomi Whereas the measures provided for in this Regulation nated by the recipient or its agent ; are in accordance with the Opinion of the Manage ment Committee for Cereals, Whereas the contract should be awarded to the tenderer who makes the best offer ;
Whereas it must be made clear who is to bear any costs which arise in the event that for reasons of force HAS ADOPTED THIS REGULATION : majeure the operation in question is not completed within the time stipulated ;
Whereas provision should be made for security to be Article 1 given to guarantee fulfilment of obligations arising by
(») OJ No 117, 19 . 6 . 1967, p. 2269/67. 1 . An invitation to tender shall be issued in respect (2) OJ No L 209, 31 . 7 . 1974, p. 1 . of the supply of 10 596 metric tons of common wheat (3) OJ No L 178 , 5. 8 . 1972, p. 3 . 4 OJ No L 106, 12. 5 . 1971 , p. 1 . flour to the Republic of Sri Lanka by way of Commu (5) OJ No L 353 , 22. 12. 1973, p. 25. nity food aid action .
21 . 9 . 74 Official Journal of the European Communities No L 256/ 13
2. The tendering procedure shall take place in the and 6. The security shall be forfeit if those operations Kingdom of the Netherlands and shall be in respect are not carried out within the time stipulated, save as of a single lot. regards quantities not delivered for reasons of force majeure. 3 . The goods shall be mobilized on the Commu nity market. 2. The security referred to in paragraph 1 may be given in the form of a cash deposit or of a guarantee 4. Shipment shall be from a Community port. issued by credit institution which satisfies the criteria laid down by each Member State . 5 . The product referred to in paragraph 1 is to be delivered in new cotton sacks of a net capacity of 50 Article 6 kilogrammes to the port of shipment in the vicinity of the vessel . The goods must be set down at the place 1 . The goods referred to in Article 1 which are to nominated by the recipient country or its agent, the be supplied to the Republic of Sri Lanka must meet timing of delivery being settled by the tenderer and the following requirements : the recipient country's agent. Common wheat flour : 6. The following shall be printed on the sacks : — moisture content : 1 5 % maximum ; 'Wheat flour — gift of the European Community'. — acidity : 4 ml NaOH/n maximum 100 g (calcu lated on the dry matter) ; — ash content : 0-52 % maximum on the dry matter. Article 2 If the goods referred to in Article 1 do not meet the 1 . The award of the contract shall take place on 4 foregoing requirements they shall be rejected and the successful tenderer shall be owner thereof. October 1974 .
2. Tenders for supply to the Republic of Sri Lanka 2. The closing date for submission of tenders shall be 4 October 1974 at 12 noon . of the goods referred to in Article 1 must relate to products with the following characteristics : 3 . The notice of invitation to tender shall be Common wheat flour : published in the Official Journal of the European — moisture content : 1 5 % maximum ; Communities not less than nine days before the closing date for submission of tenders. — acidity : 4 ml NaOH/n maximum per 100 g (calcu lated on the dry matter) ; — ash content : 0-52 % maximum on the dry matter. Article 3 Article 7 The contract shall be awarded to the tenderer who makes the most favourable offer. 1 . The intervention agency of the Kingdom of the Netherlands shall be responsible for organizing the However, if the tenders submitted do not appear to invitation to tender provided for by this Regulation . reflect normal market prices and costs, the interven tion 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 tation to tender, specifying the terms of each tender, Article 4 together with the name and business name of the successful tenderer. If the tenderer is unable to deliver the goods in compliance with Article 1 (5) on the date given in the 3 . On the other hand , if the successful tenderer is notice of invitation to tender as a result of the late established in a Member State other than the one availability of the vessels to be used for sea transporta collecting the tenders, and if the product is dispatched tion, the resulting costs shall be borne by the interven through a frontier post of the Member State where the tion agency. successful tenderer is established , the intervention agency of the latter Member State shall be responsible for the operations relating to the tendering. Article 5 In this case, the intervention agency choosing the 1 . The successful tenderer shall give security in an successful tenderer shall immediately inform the inter amount of 10 units of account per metric ton of vention agency of the Member State concerned and goods ; the purpose of such security is to guarantee shall supply it with all the information which it may performance of the operations specified in Articles 1 require.
No L 256/ 14 Official Journal of the European Communities 21 . 9 . 74
4. The intervention agency shall request the nity, by the agent of the recipient country or, in the successful tenderer to supply the following informa absence of the latter, by the intervention agency of the tion : Member State in whose territory the port of shipment is situated . (a) after each shipment a certificate showing the quan tities dispatched and the quality of the products ; Article 9 (b) the date of departure of the vessels. The information indicated above shall be forwarded The monetary compensatory amount shall not be by the intervention agency to the Commission imme levied for the products to be delivered under this Regulation . diately upon receipt.
Article8¶
On delivery of the goods at the port of shipment, a This Regulation shall enter into force on the day of its handing-over certificate shall be supplied to the publication in the Official Journal of the European successful tenderer, acting as agent for the Commu Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 20 September 1^74.
For the Commission
The President
Francois-Xavier ORTOLI