31974R2701
26 . 10 . 74 Official Journal of the European Communities No L 289 /7
REGULATION ( EEC) No 2701 /74 OF THE COMMISSION of 25 October 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 Whereas the Commission must be informed quickly COMMUNITIES, of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to the Treaty establishing the European Economic Community ; Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage Having regard to Council Regulation No 120/ ment Committee for Cereals, 67/ EEC ( 1 ) of 13 June 1967 on the common organiza tion of the market in cereals, as last amended by Regu lation (EEC) No 1996/74 (2) ; HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 1 693/72 (3) of 3 August 1972 laying down the condi Article 1 tions for the mobilization of cereals as food aid, and in particular Article 6 thereof ; 1 . Tenders are hereby invited for the supply, by Whereas on 21 March 1974 the Council of the Euro way of Community food-aid action, to the Arabian pean Communities declared that by way of Commu Republic of Yemen, of 10 000 metric tons of common wheat . nity action it proposed to grant the Arabian Republic of Yemen 10 000 metric tons of common wheat 2. The tendering procedure shall take place in under the 1973/74 food-aid programme ; Belgium in one lot. Whereas an analysis of the state of the cereals market with reference to cereals intervention in Belgium indi 3 . The product shall be mobilized by the Belgian cates that the criteria of Article 3 (2) of Council Regu intervention agency from the stores specified in the Annex . lation (EEC) No 1693/72 should be applied and that the intervention agency of the Member State as speci fied should mobilize the cereals from those stocked in 4. Loading shall take place for shipment from any its own stores and should also determine the condi Community port. tions of mobilization ; 5 . The product referred to in paragraph 1 is to be Whereas tenders should be invited for the supply of delivered in bulk to the port of shipment in the the product to the port of shipment in the vicinity of vicinity of the vessel . The goods must be set down at the vessel, the goods to be set down at the place nomi the place nominated by the recipient country or its nated by the recipient or its agent ; agent, the timing of delivery being settled by the tenderer and the recipient country's agent. Whereas the contract should be awarded to the tenderer offering the best terms ; Article 2 Whereas in case it should be impossible for reasons of force majeure to complete the operations in question 1 . The decision on tenders received in response to within the set time limits, it must be made clear who the invitation provided for in Article 1 shall be taken on 8 November 1974 . is to bear any costs resulting therefrom ;
Whereas provision should be made for security to be 2. The closing date for the receipt of tenders shall be 8 November 1974 at 12 noon . given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender 3 . The notice of invitation to tender shall be for the supply of common wheat to the Arabian Repu blic of Yemen ; published in the Official Journal of the European Communities, not less than nine days before the Whereas the Belgian intervention agency should be closing date for submission of tenders . made responsible for the tendering procedure in ques tion ; Article 3 (') OJ No 117, 19 . 6. 1967, p. 2269/67. The contract shall be awarded to the tenderer who (2 ) OJ No L 209, 31 . 7. 1974, p. 1 . (3) OJ No L 178 , 5 . 8 . 1972, p. 3 . makes the most favourable offer .
No L 289 / 8 Official Journal of the European Communities 26 . 10 . 74
However, if the tenders submitted do not appear to 2 . It shall forthwith communicate to the Commis reflect normal market prices and costs, the interven sion the list of firms which have responded to the invi tion agency may cancel the invitation to tender. tation to tender, specifying the terms of each tender, together with the name and business name of the Article 4 successful tenderer. 3 . On the other hand, if the successful tenderer is If the tenderer is unable to deliver the goods in established in a Member State other than the one compliance with Article 1 (5) on the date given in the notice of invitation to tender as a result of the late collecting the tenders, and if the product is dispatched through a frontier post of the Member State where the availability of the vessels to be used for sea transporta successful tenderer is established, the intervention tion, the resulting costs shall be borne by the interven tion agency. 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 successful tenderer shall immediately inform the inter 1 . The successful tenderer shall give security of a vention agency of the Member State concerned and value of five units of account per metric ton of the shall supply it with all the information which it may product ; the security is intended to guarantee that the require. operations specified in Article 1 are duly completed. The security shall be forfeited if those operations are 4. The intervention agency shall request the not carried out within the prescribed time limit, save successful tenderer to supply the following informa as regards quantities not delivered owing to force tion : majeure. (a) after each shipment a certificate showing the quan 2. The security required under paragraph 1 may be tities dispatched and the quality of the products ; provided in the form of a cash deposit or of a (b) the date of departure of the vessels. guarantee issued by a credit institution conforming to The information indicated above shall be forwarded criteria laid down by each Member State . by the intervention agency to the Commission imme diately upon receipt. Article 6 Article 8 The common wheat referred to in Article 1 to be supplied to the Arabian Republic of Yemen must be On delivery of the goods at the port of shipment, a of fair and sound merchantable quality and corres handing-over certificate shall be supplied to the pond at least to the standard quality for which the successful tenderer, qcting as agent for the Commu intervention price is fixed, except that the moisture nity, by the agent of the recipient country, or, in the content shall not exceed 1 5 % and that a maximum absence of the latter, by the intervention agency of the of 3 % of sprouted grains and 1 -5 % of miscellaneous Member State in whose territory the port of shipment impurities shall be allowed . is situated .
Article 7 Article 9 1 . The Belgian intervention agency shall be respon This Regulation shall enter into force on the day of its sible for operations relating to the invitation to tender publication in the Official Journal of the European provided for by this Regulation . Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 25 October 1974 . For the Commission
The President Francois-Xavier ORTOLI
26 . 10. 74 Official Journal of the European Communities No L 289 / 9
ANNEX
Number of lot Port of shipment Metric tonnage fob Town at which stored
1 Any Community port 10 000 whereof : 4 000 Méeffe 2 400 Liège 3 600 Gent