31974R1669

29 . 6 . 74 Official Journal of the European Communities No L 175 / 69

REGULATION (EEC) No 1669/74 OF THE COMMISSION of 28 June 1974 opening an invitation to tender for the mobilization of common wheat as aid for the Republic of Tunisia

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 1 25/ 74 (2 ) ; Article J Having regard to Council Regulation (EEC) No 1 693/72 (3) of 3 August 1972 laying down the condi­ 1 . Tenderers are hereby invited for the supply, by tions for the mobilization of cereals as food aid , and way of Community food aid action , to the Republic of Tunisia of 10 000 metric tons of common wheat . in particular Article 6 thereof ;

Whereas on 14 May 1973 the Council of the Euro­ 2. The tendering procedure shall take place in the pean Communities declared that by way of Commu­ Republic of France in one lot. nity action it proposed to grant the Republic of Tunisia 10 {)()()• riietric tons of common wheat under 3 . The product shall be mobilized on the Commu­ the 1972/73 food aid programme ; nity market.

Whereas an analysis of the state of the cereals market 4. ' Loading shall take place for shipment from one in the Community indicates that the criteria of Article port of the Mediterranean Sea . 3(3) of Council Regulation ( EEC) No 1693/72 should be applied , and that the product should be bought on the Community market ; 5 . The product referred to in paragraph 1 is to be loaded fob, that is to say at the moment when the Whereas tenders should be invited for the supply of goods are loaded into the hold of the ship in the port the product fob ; that is to say at the moment when of loading in bulk, by the tenderer. the goods are loaded into the hold of the ship in the port of loading ; A rtic/e 2 • Whereas the contract should be awarded to the tenderer offering the best terms ; 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken Whereas in case it should be impossible for reasons of on 1 2 July 1 974 . force majeure to complete the operation in question within the set time limits , it must be made clear who 2 . The closing date for submission of tenders shall is to bear any costs resulting therefrom ; be 12 July 1974 at 12 noon . Whereas provision should be made for security to be 3 . The notice of invitation to tender shall be given to'guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender published in the Official Journal of the European for the supply of wheat to the Republic of Tunisia . Communities not less than nine days before the closing date for submission of tenders . Whereas the French intervention agency should be made responsible for the tendering procedure in ques­ tion ; Article 3

Whereas the Commission must be informed quickly The contract shall be i awarded to the tenderer who of the tenders submitted in response to the invitation makes the most favourable offer. and of those accepted by the intervention agency ;

However, if the tenders submitted do not appear to (') OJ No 117, 19 . 6 . 1967 , p. 2269 / 67 . (2) O ) No L 12 «, 10 . 5 . 1974 , p. 12 . reflect normal market prices and costs, the interven­ (}) OJ No L 1 7«, .S. X. 1 972, p. 3 . tion agency may cancel the invitation to tender.

No L 175 / 70 Official Journal of the European Communities 29 . 6 . 74

Article 4 2 . It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ If the tenderer is unable to load the product fob on tation to tender, specifying the terms of each tender, the date given in the notice of invitation to tender as a together with the name and business name of the result of the late availability of the vessels to be used successful tenderer. for sea transportation , the resulting costs shall be borne by the intervention agency. 3 . On the other hand , if the successful tenderer is established in a Member State other than the one Article 5 collecting the tenders, and if the product is dispatched 1 . The successful tenderer $hall give security of a through a frontier post of the Member State where the successful tenderer is established , the intervention value of five units of account per metric ton of the product ; the security is intended to guarantee that the agency of the latter Member State shall be responsible operations specified in Article 1 are duly completed . for the operations relating to the tendering. The security shall be forfeited if those operations are not carried out within the prescribed time limit, save In this case, the intervention agency choosing the as regards quantities not delivered owing to force successful tenderer shall immediately inform the inter­ nutjilt re. vention agency of the Member State concerned and shall supply it with all the information which it may 2. The security required under paragraph 1 may be require . provided in the form of a cash deposit or of a guarantee issued by a credit institution conforming to 4. The intervention agency shall request the criteria laid down by each Member State . successful tenderer to supply the following informa­ tion : Article 6 The common wheat referred to in Article 1 to be (a) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; supplied to the Republic of Tunisia must be of fair and sound merchantable quality and correspond at (b) the date of departure of the ships. least to the standard quality for which the interven­ The information indicated above shall be forwarded tion price is fixed , except that the humidity shall not by the intervention agency to the Commission imme­ exceed 1 5-5 % and that a maximum tolerance of 3 % diately upon receipt . of sprouted grains and 1-5 % of miscellaneous impuri­ ties shall be allowed . Article 8 Article 7

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, 28 June 1974 . i For the Commission

The President

Francois-Xavier ORTOLI