31974R0605

No L 73 / 22 Official Journal of the European Communities 16 . 3 . 74

REGULATION ( EEC ) No 605 / 74 OF THE COMMISSION of 15 March 1974 opening an invitation to tender for the mobilization of maize as food aid for Senegal

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 (') of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ lation ( EEC) No 1 346/ 73 (2 ) ; Article 1

Having regard to Council Regulation (EEC) No 1 . Tenders are hereby invited for the supply to 1693 /72 (3 ) of 3 August 1972 laying down the condi­ Senegal by way of Community food aid action of tions for the mobilization of cereals as food aid , and 1 5 000 metric tons of maize . in particular Article 6 thereof ; 2 . The tendering procedure shall take place in Whereas on 28 December 1973 the Council of the France in three lots . The product shall be mobilized European Communities declared that by way of on the Community market. The product shall be Community action it proposed to grant the countries loaded for departure from a Community port. of the Sahel and Ethiopia 130 000 metric tons of cereals under its 1973/74 food aid programme ; 3 . The invitation to tender provided for in para­ Whereas analysis of the state of the Community graph 1 is for supply of products delivered cif, that is cereals market indicates that the criteria of Article 3 at the moment when the goods are actually placed on (3) of Council Regulation ( EEC) No 1693/72 should the dock at the port listed in the Annex. be applied, according to which the products must be 4. The successful tenderer shall deliver the product purchased on the Community market ; specified in paragraph 1 in new jute sacks of a net Whereas the proposed invitation to tender should be capacity of 50 kilogrammes . The following shall be for supply of the products delivered cif, that is at the printed on the sacks : moment when the goods are actually placed on the Mais — Don de la Communauté économique euro­ dock at the port of unloading ; péenne — Distribution gratuite .' Whereas the award under the invitation to tender must be made in favour of the tenderer offering the Article 2 best terms ;

Whereas, should force majeure make it impossible to 1 . The decision on tenders received in response to complete the operation in question within the set the invitation provided for in Article 1 shall be taken time limits , it should be made clear who is to bear the on 29 March 1974 . liability for any resulting costs ; 2. The closing date for submission of tenders shall Whereas provisions should be made for security to be be 29 March 1974 at 12 noon . given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ 3 . The notice of invitation to tender shall be tion to tender for supplies to Senegal will be fulfilled ; published in the Official Journal of the European Communities not less than nine days before the Whereas the intervention agency of France should be closing date for submission of tenders . made responsible for the tendering procedure in question ; Article 3 Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation The contract shall be awarded to the tenderer who and of those accepted by the intervention agency, offers the most favourable terms . If it appears, however, that the tenders submitted do not reflect (!) OJ No 117, 19 . 6 . 1967, p . 2269 /67. (2) OJ No L 141 , 28 . 5 . 1973 , p. 8 . normal market prices and rates, the intervention (3 ) OJ No L 178 , 5 . 8 . 1972, p . 3 . agency may cancel the invitation to tender.

16 . 3 . 74 Official Journal of the European Communities No L 73 / 23

Article 4 2 . It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ 1 . The successful tenderer shall give security in an tation to tender, specifying the terms of each tender, amount of five units of account per metric ton of together with the name and business name of the goods ; the purpose of such security is to guarantee successful tenderer . performance of the operations specified in Article 1 . The security shall be forfeit if those operations are not carried out within the time stipulated , save as regards 3 . The intervention agency shall request the quantities not delivered for reasons of force majeure. successful tenderer to supply the following informa­ tion : 2 . The security referred to in paragraph 1 may be given in the form of a cash deposit or of a guarantee (a) after each shipment, a certificate showing the quan­ issued by a credit institution conforming to the tities dispatched, the quality of the products and criteria laid down by the Member State . , their packaging ; Article 5 (b) the date of the departure of the ships, the expected date of arrival of the products at their destination ; 1 . The product referred to in Article 1 which is to be supplied for human consumption to Senegal must (c) all possible contingencies which might occur be of fair and sound merchantable quality, be free during transportation of the products. from odour, and correspond at least to the standard quality for which the intervention price is fixed. The information indicated above shall be forwarded 2. Tenders for supply to Senegal of the product by the intervention agency to the Commission imme­ specified in Article 1 must relate to maize of fair and diately upon receipt. sound merchantable quality, free from odour, and correspond at least to the standard quality for which the intervention price is fixed . Article 7 Article 6

1 . The French intervention agency shall be respon­ This Regulation shall enter into force on the day of its sible for organizing the invitation to tender provided publication in the Official Journal of the European for by this Regulation . Communities.

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

Done at Brussels , 15 March 1974. For the Commission The President

François-Xavier ORTOLI

ANNEX

Number of lot Port of unloading Minimum rate of unloading Tonnage cif

1 ) 5 000 metric tons 2 > Dakar Customs of the port 5 000 metric tons 3 ) 5 000 metric tons