31974R1547

No L 166/38 Official Journal of the European Communities 21, 6 . 74

REGULATION ( EEC) No 1547 /74 OF THE COMMISSION of 20 June 1974 opening an invitation to tender for the mobilization of common wheat as aid for the Republic of Cyprus

THE COMMISSION OF THE EUROPEAN Whereas the Commission must be informed quickly COMMUNITIES, of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to the Treaty establishing the European Economic Community ; Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ Having regard to Council Regulation No 120/ ment Committee for Cereals , 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 1 25/74 (2) ;

Having regard to Council Regulation (EEC) No HAS ADOPTED THIS REGULATION : 1 693/72 (3) of 3 August 1972 laying down the condi­ tions for the mobilization of cereals as food aid, and in particular Article 6 thereof ; Article 1 Whereas on 21 March 1974 the Council of the Euro­ pean Communities, declared that by way of Commu­ 1 . Tenders are hereby invited for the supply, by nity action it proposed to grant the Republic of way of Community food aid action , to the Republic of Cyrups 5 000 metric tons of common wheat under the Cyprus, of 5 000 metric tons of common wheat. 1973/74 food aid programme ;

2 . The tendering procedure shall take place in the Whereas an analysis of the state of the cereals market Republic of France in one lot. in the Community indicates that the criteria of Article 3 (3) of Council Regulation (EEC) No 1693/72 should be applied and that the product should be bought on 3 . The product shall be mobilized on the Commu­ the Community market ; nity market.

Whereas tenders should be invited for the supply of 4. ■ Loading shall take place for shipment from one the product fob ; that is to say at the moment when port of the Mediterranean Sea. the goods are put down at the point of exportation named by the Commission of the European Commu­ nities at the berth specified by the recipient country 5 . The product referred to in paragraph 1 is to be loaded fob, that is to say at the moment when the or its agent ; goods are put down at the point of exportation named Whereas the contract should be awarded to the by the Commission of the European Communities at tenderer offering the best terms ; the berth specified by the recipient country or its agent, in bulk, by the tenderer. Whereas in case it should be impossible for reasons of force majeure to complete the operation in question within the set time limits , it must be made clear who Article 2 is to bear any costs resulting therefrom ;

Whereas provision should be made for security to be 1 . The decision on tenders received in response to given to guarantee fulfilment of the obligations arising the invitation provided for in Article 1 shall be taken by virtue of participation in the invitation to tender on 12 July 1974. for the supply of wheat to the Republic of Cyprus ; 2 . The closing date for submission of tenders shall Whereas the French intervention agency should be be 12 July 1974 at 12 noon . made responsible for the tendering procedure in ques­ tion ; 3 . The notice of invitation to tender shall be published in the Official Journal of the European (') OJ No 117, 19 . 6 . 1967, p. 2269/67 . (2) OJ No L 128 , 10 . 5. 1974, p. 12 . Communities not less than nine days before the (3 OJ No L 178 , 5. 8 . 1972, p. 3 . closing date for submission of tenders .

21 . 6 . 74 Official Journal of the European Communities No L 166/39

Article3¶

The contract shall be awarded to the tenderer who 1 . The French intervention agency shall be respon­ makes the most favourable offer. sible for operations relating to the invitation to tender provided for by this Regulation . However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ 2 . It shall forthwith communicate to the Commis­ tion agency may cancel the invitation to tender. sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, Article 4 together with the name and business name of the successful tenderer. If the tenderer is unable to load the product fob on the date given in the notice of invitation to tender as a 3 . On the other hand, if the successful tenderer is result of the late availability of the vessels to be used established in a Member State other than the one for sea transportation, the resulting costs shall be collecting the tenders, and if the product is dispatched borne by the intervention agency. through a frontier post of the Member State where the successful tenderer is established, the intervention Article 5 agency of the latter Member State shall be responsible for the operations relating to the tendering. 1 . The successful tenderer shall give security of a value of 5 units of account per metric ton of the In this case, the intervention agency choosing the product ; the security is intended to guarantee that the successful tenderer shall immediately inform the inter­ operations specified in Article 1 are duly completed. vention agency of the Member State concerned arid The security shall be forfeited if those operations are shall supply it with all the information which it may not carried out within the prescribed time limit, save require . as regards quantities not delivered owing to force majeure. 4. The intervention agency shall request the successful tenderer to supply the following informa­ 2. The security required under paragraph 1 may be tion : 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 criteria laid down by each Member State. tities dispatched and the quality of the products ; (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 Cyprus 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 impuri­ publication in the Official Journal of the European ties shall be allowed . Communities.

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

Done at Brussels, 20 June 1974. For the Commission

The President Francois-Xavier ORTOLI