31974R1097

4 . 5 . 74 Official Journal of the European Communities No L 122/21

REGULATION ( EEC) No 1097 / 74 OF THE COMMISSION of 3 May 1974 opening an invitation to tender for the mobilization of common wheat as aid for the Republic of the Lebanon

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 organiza­ tion of the market in cereals, as last amended by Regu­ Article- 1 lation ( EEC) No 1 346/ 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 1 693 /72 (3 ) of 3 August 1972 laying down the condi­ the Lebanon , of 5 000 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 14 May 1973 the Council of the Euro­ pean Communities declared that by way of Commu­ 3 . The product shall be mobilized on the Commu­ nity action it proposed to grant the Republic of the nity market . Lebanon 5 000 metric tons of common wheat under the 1972/ 73 food aid programme ; 4 . Loading shall take place for shipment from one of the Community ports . Whereas an analysis of the state of the cereals market in the Community indicates that the criteria of Article 5 . The product referred to in paragraph 1 is to be 3 (3 ) of Council Regulation ( EEC) No 1693 / 72 should loaded fob , that is to say at the moment when the be applied, and that the product should be bought on goods are loaded into the hold of the ship in the port the Community market ; of loading in bulk by the tenderer.

Whereas tenders should be invited for the supply of the product fob ; that is to say at the moment when Article 2 the goods are loaded into the hold of the ship in the port of loading ; 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken Whereas the contract should be awarded to the on 17 May 1974 . tenderer offering the best terms ; 2 . The closing date for submission of tenders shall Whereas in case it should be impossible for reasons of be 17 May 1974 at 12 noon . force majeure to complete the operation in question within the set time limits, it must be made clear who 3 . The notice of invitation to tender shall be is to bear any costs resulting therefrom ; published in the Official Journal of the European Communities not less than nine days before the Whereas provision should be made for security to be closing date for submission of tenders . given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender for the supply of wheat to the Republic of the Article 3 Lebanon ; 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 and costs , the interven­ 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 . 1972, p. 3 . the date given in the notice of invitation to tender as a

No L 122/ 22 Official Journal of the European Communities 4 . 5 . 74

result of the late availability of the vessels to be used 2 . It shall forthwith communicate to the Commis­ for sea transportation , the resulting costs shall be sion the list of firms which have responded to the invi­ borne by the intervention agency . tation to tender, specifying the terms of each tender, together with the name and business name of the Article 5 successful tenderer . 3 . On the other hand , if the successful tenderer is 1 . The successful tenderer shall give security of a established in a Member State other than the one value of 5 units of account per metric ton of the collecting the tenders , and if the product is product ; the security is intended to guarantee that the despatched through a frontier post of the Member operations specified in Article 1 are duly completed . State where the successful tenderer is established , the The security shall be forfeited if those operations are not carried out within the prescribed time limit, save intervention agency of the latter Member State shall be responsible for the operations relating to the tender­ as regards quantities not delivered owing to force ing. majeure. In this case, the intervention agency choosing the 2. The security required under paragraph 1 may be successful tenderer shall immediately inform the inter­ provided in the form of a cash deposit or of a vention agency of the Member State concerned and guarantee issued by a credit institution conforming to shall supply it with all the information which it may criteria laid down by each Member State . require . Article 6 4. The intervention agency shall request the successful tenderer to supply the following informa­ The common wheat referred to in Article 1 to be tion : supplied to the Republic of the Lebanon must be of (a) after each shipment a certificate showing the quan­ fair and sound merchantable quality and correspond tities despatched and the quality of the products ; at least to the standard quality for which the interven­ tion price is fixed, except that the humidity shall not (b) the date of departure of the ships . exceed 1 5-5 % and that a maximum tolerance of 3 % The information indicated above shall be forwarded of sprouted grains and 1-5 % of miscellaneous impuri­ by the intervention agency to the Commission imme­ ties shall be allowed . diately upon receipt .

Article7¶

1 . The French 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, 3 May 1974 .

For the Commission

The President

Francois-Xavier ORTOLI