31974R1177

No L 129 / 12 Official Journal of the European Communities 11 . 5 . 74

REGULATION ( EEC) No 1177 /74 OF THE COMMISSION

of 10 May 1974

opening an invitation to tender for the mobilization of common wheat as aid for the Republic of Bolivia

THE COMMISSION OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES,

Having regard to the Treaty establishing the European Article 1 Economic Community ;

Having regard to Council Regulation No 120/ 1 . Tenderers are hereby invited for the supply, by 67/ EECC ) of 13 June 1967 on the common organiza­ way of Community food aid action , to the Republic of tion of the market in cereals, as last amended by Regu­ Bolivia, of 10 000 metric tons of common wheat. lation ( EEC) No 1 346 / 73 (-'); 2 . The tendering procedure shall take place in the Having regard to Council Regulation (EEC) No Republic of France in one lot. 1 693/72 (3) of 3 August 1972 laying down the condi­ tions for the mobilization of cereals as food aid, and 3 . The product shall be mobilized on the Commu­ in particular Article 6 thereof ; nity market . Whereas on 14 May 1973 the Council of the Euro­ pean Communities declared that by way of Commu­ 4. Loading shall take place for shipment from one nity action it proposed to grant the Republic of port of the Community. Bolivia 10 000 metric tons of common wheat under the 1972/73 food aid programme ; 5 . The product referred to in paragraph 1 is to be loaded fob, that is to say at the moment when the Whereas an analysis of the state of the cereals market in the Community indicates that the criteria of Article goods are loaded into the hold of the ship in the port 3(3) of Council Regulation (EEC) No 1693/72 should of loading in bulk, by the tenderer. be applied, and that the product should be bought on the Community market ; Article 2 Whereas tenders should be invited for the supply of the product fob ; that is to say at the moment when 1 . The decision on tenders received in response to the goods are loaded into the hold of the ship in the the invitation provided for in Article 1 shall be taken port of loading ; on 27 May 1974 . Whereas the contract should be awarded to the tenderer offering the best terms ; 2. The closing date for submission of tenders shall be 27 May 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 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 Article 3 for the supply of wheat to the Republic of Bolivia ;

Whereas the French intervention agency should be The contract shall be awarded to the tenderer who made responsible for the tendering procedure in ques­ makes the most favourable offer . tion ;

Whereas the Commission must be informed quickly However, if the tenders submitted do not appear to of the tenders submitted in response to the invitation reflect normal market prices and costs, the interven­ and of those accepted by the intervention agency ; tion agency may cancel the invitation to tender .

Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ Article 4 ment Committee for Cereals,

If the tenderer is unable to load the product fob on (') OJ No 117, 19 . 6 . 1967, p . 2269/67 . (2 ) OJ No L 141 , 28 . 5 . 1973 , p. 8 . the date given in the notice of invitation to tender as a P) OJ No L 178 , 5 . 8 . 1972, p. 3 . result of the late availability of the vessels to be used

11 . .5 . 74 Official Journal of the European Communities No L 129/ 13

for sea transportation , the resulting costs shall be 2 . It shall forthwith communicate to the Commis­ borne by the intervention agency. sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, Article 5 together with the name and business name of the successful tenderer . 1 . The successful tenderer shall give security of a 3 . On the other hand , if the successfull tenderer is value of 5 units of account per metric ton of the established in a Member State other than the one product ; the security is intended to guarantee that the collecting the tenders, and if the product is dispatched operations specified in Article 1 are duly completed. through a frontier post of the Member State where the The security shall be forfeited if those operations are successful tenderer is established, the intervention not carried out within the prescribed time limit, save agency of the latter Member State shall be responsible as regards quantities not delivered owing to force for the operations relating to the tendering. 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 Bolivia must be of fair (a) after each shipment a certificate showing the quan­ and sound merchantable quality and correspond at tities dispatched and the quality of the products ; 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, 10 May 1974 .

For the Commission

The President

Francois-Xavier ORTOL1