31974R0607

16 . 3 . 74 Official Journal of the European Communities No L 73 /27

REGULATION (EEC) No 607/74 OF THE COMMISSION of 15 March 1974 opening an invitation to tender for the mobilization of common wheat as aid for the Republic of Indonesia

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 ;

HAS ADOPTED THIS REGULATION : Having regard to Council Regulation No 120/67/ EEC (') of 13 June 1967 on the common organization of the market in cereals as last amended by Regula­ Article 1 tion ( EEC) 1346/73 (2) ; 1 . Tenderers are hereby invited for the supply, by Having regard to Council Regulation (EEC) No way of Community food aid action, to the Republic of 1693/72 (3) of 3 August 1972 laying down the condi­ Indonesia 24 000 metric tons of common wheat . tions for the mobilization of cereals as food aid, and in particular Article 6 thereof ; 2. The tendering procedure shall take place in the Republic of France in one lot. Whereas on 23 May 1972 and 14 May 1973 the Council of the European Communities declared that 3 . The product shall be mobilized on the Commu­ by way of Community action it proposed to grant the nity market. Republic of Indonesia 24 000 metric tons of common wheat under the 1971 /72 and 1972/ 73 food aid 4. Loading shall take place for shipment from the programmes ; port of Le Havre. Whereas an analysis of the state of the cereals market 5. The product referred to in paragraph 1 is to be in the Community indicates that the criteria of Article loaded fob, that is to say at the moment when the 3 (3) of Council Regulation (EEC) No 1693/72 should goods are loaded into the hold of the ship in the port be applied, and that the product should be bought on of loading in bulk by the tenderer. the Community market ;

Whereas tenders should be invited for the supply of Article 2 the product fob ; that is to say at the moment when the goods are loaded into the hold of the ship in the 1 . The decision on tenders received in response to port of loading ; the invitation provided for in Article 1 shall be taken on 29 March 1 974 . Whereas the contract should be awarded to the tenderer offering the best terms. 2. The closing date for submission of tenders shall be 29 March 1974 at 12 noon . Whereas in case it should be impossible for reasons of force majeure to complete the operation in question 3 . The notice of invitation to tender shall be within the set time limits, it must be made clear who published in the Official Journal of the European is to bear any costs resulting therefrom ; Communities not less than nine days before the closing date for submission of tenders . 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 Article 3 for the supply of wheat to the Republic of Indonesia ; The contract shall be awarded to the tenderer who Whereas the French intervention agency should be makes the most favourable offer. « made responsible for the tendering procedure in ques­ tion ; However, if the tenders submitted do not appear to reflect normal market prices ^osts. the interac­ Whereas the Commission must be informed quickly tion agency may cancel the invitation to tender. of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Article 4 (>) OJ No 117, 19 . 6 . 1967, p . 2269/ 67. (2) OJ No L 141 , 28 . 5. 1973 , p . 8 . If the tenderer is unable to load the product fob on (3 ) OJ No L 178 , 5 . 8 . 1973 , p . 3 . the date given in the notice of invitation to tender as a

No L 73 / 28 Official Journal of the European Communities 16 . 3 . 74

result of the late availability of the vessels to be used Article 7 for sea transportation, the resulting costs shall be borne by the intervention agency. 1 . The French intervention agency shall be respon­ sible for operations relating to the invitation to tender Article 5 provided for by this Regulation .

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

Francois-Xavier ORTOLI