31974R2444
28 . 9 . 74 Official Journal of the European Communities No L 262/7
REGULATION ( EEC) No 2444/ 74 OF THE COMMISSION of 27 September 1974 opening a new invitation to tender for the mobilization of common wheat as aid for Malta
THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES , given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender Having regard to the Treaty establishing the European for the supply of wheat to Malta ; Economic Community ;
Having regard to Council Regulation No 120 / Whereas the French intervention agency should be 67/ EEC ( l ) of 13 June 1967 on the common organiza made responsible for the tendering procedure in ques tion of the market in cereals, as last amended by Regu tion ; lation ( EEC) No 1 996 /74 (-) ;
Having regard to Council Regulation ( EEC) No Whereas the Commission must be informed quickly 1 693/72 (3 ) of 3 August 1972 laying down the condi of the tenders submitted in response to the invitation tions for the mobilization of cereals as food aid , and and of those accepted by the intervention agency ; in particular Article 6 thereof ;
Having regard to Council Regulation ( EEC) No Whereas the prices of common wheat on the world 974/ 71 (4 ) of 12 May 1971 covering certain measures market exceed at this time to a marked extent the of conjunctural policy to be taken in the agricultural prices ruling in the Community for that product ; sector following the temporary widening of the whereas on the basis of data currently available no margins of fluctuation in the currencies of certain immediate change in this position is to be foreseen ; Member States , as last amended by Regulation ( EEC) whereas under these conditions tenderers can ' reason No 3450 / 73 (5 ), and in particular Article 6 ( 1 ) thereof ; ably expect that at the time of delivery of the products Whereas on 21 March 1974 the Council of the Euro in the tender no monetary compensatory amount will pean Communities declared that by way of Commu be applied to the export by virtue of Article 4a ( 2) of nity action it proposed to grant Malta 2 000 metric Regulation ( EEC) No 974/ 71 ; whereas however the tons of common wheat under the 1973 / 74 food-aid Commission has proposed to the Council the suppres sion of Article 4a ( 2) aforesaid ; whereas this measure programme ; will have the effect of applying under all circum Whereas the invitation to tender opened in the stances the monetary compensatory amount for tran Community under Commission Regulation ( EEC) No sactions with Member States with depreciated curren 2304/ 74 ( 6) of 6 September 1974 opening an invitation cies and in particular the levying of this amount on to tender for the mobilization of common wheat as exports ; whereas in order not to hinder the execution food aid for Malta was not allocated ; whereas a new of this present food aid it is expedient to provide that invitation to tender should therefore be opened ; any compensatory amount that might be applied following the suppression of Article 4a (2) aforesaid Whereas pursuant to Article 3 (3) of Council Regula shall not be levied for the products to be delivered by tion ( EEC) No 1693 /72 the goods may be purchased virtue of this present invitation to tender ; anywhere on the Community market ;
Whereas tenders should be invited for the supply of Whereas the measures provided for in this Regulation the product to the port of shipment in the vicinity of are in accordance with the Opinion of the Manage the vessel , the goods to be set down at the place nomi ment Committee for Cereals , nated by the recipient or its agent ;
Whereas the contract should be awarded to the tenderer offering the best terms ;
Whereas in case it should be impossible for reasons of HAS ADOPTED THIS REGULATION : farce majeure to complete the operation in question within the set time limits, it must be made clear who is to bear any costs resulting therefrom ; Art ii ! e 1 (') OJ No 117, 19 . 6 . 1967, p . 2269 / 67 . (-') OJ No L 209 , 31 . 7 . 1974, p. 1 . (3 ) OJ No L 178 , 5 . 8 . 1972, p. 3 . 1 . Tenders are hereby invited for the supply, by (■») OJ No L 106 , 12 . 5 . 1971 , p. 1 . (5 ) OJ No L VS .?, 22 . 12 . 1973 , p . 25 . way of Community food aid action , to Malta of 2 000 ( b) OJ No L 245 , 7 . 9 . 1 974, p. 1 5 . metric tons of common wheat . <
No L 262/ 8 Official Journal of the European Communities 28 . 9 . 74
2. The tendering procedure shall take place in the table quality and correspond at least to the standard Republic of France in one lot. quality for which the intervention price is fixed, except that the moisture content shall not exceed 3 . The product shall be mobilized on the Commu 15-5% and that a maximum of 3% of sprouted nity market. grains and 1-5 % of miscellaneous impurities shall be 4. Loading shall take place for shipment from one allowed . port of the Mediterranean Sea. Article 7 5 . The product referred to in paragraph 1 is to be delivered in bulk to the port of shipment in the 1 . The French intervention agency shall be respon vicinity of the vessel . The goods must be set down at sible for operations relating to the invitation to tender the place nominated by the recipient country or its provided for by this Regulation . agent, the timing of delivery being settled by the 2 . It shall forthwith communicate to the Commis tenderer and the recipient country's agent. sion the list of firms which have responded to the invi Article 2 tation to tender, specifying the terms of each tender, together with the name and business name of the 1 . The decision on tenders received in response to successful tenderer . the invitation provided for in Article 1 shall be taken on 11 October 1974 . 3 . On the other hand , if the successful tenderer is established in a Member State other than the one 2. The closing date for the receipt of tenders shall collecting the tenders, and if the product is dispatched be 11 October 1974 at 12 noon . through a frontier post of the Member State where the 3 . The notice of invitation to tender shall be successful tenderer is established , the intervention published in the Official Journal of the European agency of the latter Member State shall be responsible Communities not less than nine days before the for the operations relating to the tendering. closing date for submission of tenders. In this case , the intervention agency choosing the successful tenderer shall immediately inform the inter Article 3 vention agency of the Member State concerned and The contract shall be awarded to the tenderer who shall supply it with all the information which it may makes the most favourable offer. require . However, if the tenders submitted do not appear to 4 . The intervention agency shall request the reflect normal market prices and costs , the interven successful tenderer to supply the following informa tion : tion agency may cancel the invitation to tender. (a) after each shipment a certificate showing the quan Article 4 tities dispatched and the quality of the products ; If the tenderer is unable to deliver the goods in (b) the date of departure of the vessels . compliance with Article 1 (5) on the date given in the The information indicated above shall be forwarded notice of invitation to tender as a result of the late by the intervention agency to the Commission imme availability of the vessels to be used for sea transporta diately upon receipt . tion , the resulting costs shall be borne by the interven tion agency . Article 8 Article 5 On delivery of the goods at the port of shipment, a handing-over certificate shall be supplied to the 1 . The successful tenderer shall give security of a successful tenderer acting as agent for the Commu value of five units of account per metric ton of the nity, by the agent of the recipient country or, in the product ; the security is intended to guarantee that the absence of the latter, by the intervention agency of the operations specified in Article 1 are duly completed . Member State in whose territory the port of shipment The security shall be forfeited if those operations are is situated . not carried out within the prescribed time limit , save as regards quantities not delivered owing to force Article 9 majeure. 2 . The security required under paragraph 1 may be The monetary compensatory amount shall not be provided in the form of a cash deposit or of a levied for the products to be delivered under this guarantee issued by a credit institution conforming to Regulation . criteria laid down by each Member State . Article 10 Article 6 This Regulation shall enter into force on the day of its The common wheat referred to in Article 1 to be publication in the Official Journal of the European supplied to Malta must be of fair and sound merchan Communities.
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28 . 9 . 74 Official Journal of the European Communities No L 262 / 9
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 27 September 1974.
For the Commission
The President
Francois-Xavier ORTOLI