31974R0345

12 . 2 . 74 Official Journal of the European Communities No L 40/7

REGULATION (EEC) No 345/74 OF THE COMMISSION of 8 February 1974 opening an invitation to tender for the mobilization of common wheat as aid for the Democratic Republic of the Sudan

THE COMMISSION OF THE EUROPEAN Whereas the measures provided for in this Regulation COMMUNITIES, are in accordance with the Opinion of the Manage­ ment Committee for Cereals, Having regard to the Treaty establishing the European Economic Community ;

Having regard to Council Regulation No 120/ HAS ADOPTED THIS REGULATION : 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 1346/73 (2) ; Article 1

Having regard to Council Regulation (EEC) No 1 . Tenderers are hereby invited for the supply, by 1693/72 (3) of 3 August 1972 laying down the condi­ way of Community food aid action, to the Democratic tions for the mobilization of cereals as food aid, and Republic of the Sudan, of 5 000 metric tons of in particular Article 6 thereof ; common wheat . Whereas on 14 May 1973 the Council of the Euro­ pean Communities declared that by way of Commu­ 2. The tendering procedure shall take place in the nity action it proposed to grant the Democratic Repu­ Republic of France in one lot. blic of the Sudan 5 000 metric tons of common wheat under the 1 972/73 food aid programme ; 3 . The product shall be mobilized on the Commu­ nity market. Whereas an analysis of the state of the cereals market in the Community indicates that the criteria of Article 4. Loading shall take place for shipment from one 3(3) of Council Regulation (EEC) No 1693/72 should of the Community ports indicated in the Annex . be applied, and that the product should be bought on the Community market ; 5 . The product referred to in paragraph 1 is to be loaded fob, that is to say at the moment when the Whereas tenders should be invited for the supply of goods are loaded into the hold of the ship in the port the product fob ; that is to say at the moment when of loading in bulk by the tenderer. the goods are loaded into the hold of the ship in the port of loading ; Article 2 Whereas the contract should be awarded to the tenderer offering the best terms ; 1 . The decision on tenders received in response to Whereas in case it should be impossible for reasons of the invitation provided for in Article 1 shall be taken force majeure to complete the operation in question on 22 February 1974 . within the set time limits , it must be made clear who is to bear any costs resulting therefrom ; 2. The closing date for submission of tenders shall be 22 February 1974 at 12 noon . Whereas provision should be made for security to be 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 pub­ for the supply of wheat to the Democratic Republic of lished in the Official Journal of the European the Sudan ; Communities not less than nine days before the closing date for submission of tenders. Whereas the French intervention agency should be made responsible for the tendering procedure in ques­ tion ; Article 3

Whereas the Commission must be informed quickly The contract shall be awarded to the tenderer who of the tenders submitted in response to the invitation makes the most favourable offer . and of those accepted by the intervention agency ;

However, if the tenders submitted do not appear to (>) OJ No 117, 19 . 6 . 1967, p . 2269 / 67. (2) OJ No L 141 , 28 . 5 . 1973, p. 8 . reflect normal market prices and costs, the interven­ h) OJ No L 178 , 5. 8 . 1972, p. 3 . tion agency may cancel the invitation to tender.

No L 40/ 8 Official Journal of the European Communities 12 . 2 . 74

Article 4 maximum tolerance of 3 % of sprouted grains and 1-5 % of miscellaneous impurities shall be allowed. If the tenderer is unable to load the product fob on the date given in the notice of invitation to tender as a Article 7 result of the late availability of the vessels to be used for sea transportation, the resulting costs shall be 1 . The French intervention agency shall be respon­ borne by the intervention agency. sible for operations relating to the invitation to tender provided for by this Regulation. Article 5 2 . It shall forthwith communicate to the Commis­ 1 . The successful tenderer shall give security of a sion the list of firms which have responded to the invi­ value of 5 units of account per metric ton of the tation to tender, specifying the terms of each tender, product ; the security is intended to guarantee that the together with the name and business name of the operations specified in Article 1 are duly completed. successful tenderer. The security shall be forfeited if those operations are not carried out within the prescribed time limit, save 3 . The intervention agency shall request the as regards quantities not delivered owing to force successful tenderer to supply the following informa­ majeure. tion : 2. The security required under paragraph 1 may be (a) after each shipment a certificate showing the quan­ provided in the form of a cash deposit or of a tities dispatched and the quality of the products ; guarantee issued by a credit institution conforming to (b) the date of departure of the ships. criteria laid down by each Member State. The information indicated above shall be forwarded Article 6 by the intervention agency to the Commission imme­ diately upon receipt. The common wheat referred to in Article 1 to be supplied to the Democratic Republic of the Sudan Article 8 must be of fair and sound merchantable quality and correspond at least to the standard quality for which This Regulation shall enter into force on the day of its the intervention price is fixed, except that the publication in the Official Journal of the European humidity shall not exceed 15-5 % and that a Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 8 February 1974. For the Commission

The President François-Xavier ORTOLI

ANNEX

Minimum rate of loading Number of lot Port from which consigned Tonnage fob per day

1 Atlantic or North Sea ports Customs of the port 5 000 metric tons