31974R2213

24 . 8 . 74 Official Journal of the European Communities No L 233 / 27

REGULATION (EEC) No 2213 / 74 OF THE COMMISSION of 23 August 1974 opening an invitation to tender for the mobilization of common wheat as aid for the Republic of Dahomey

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 1 996/ 74 P );

Having regard to Council Regulation (EEC) No Article 1 1 693/72 (3) of 3 August 1972 laying down the condi­ tions for the mobilization of cereals as food aid , and 1 . Tenders are hereby invited for the supply, by in particular Article 6 thereof ; way of Community food aid action to the Republic of Dahomey of 4 000 metric tons of common wheat . Whereas on 21 March 1974 the Council of the Euro­ pean Communities declared that by way of Commu­ 2 . The tendering procedure shall take place in nity action it proposed to grant the Republic of France in two lots . Dahomey 4 000 metric tons of common wheat under the 1973/74 food-aid programme ; 3 . The product shall be mobilized on the Commu­ Whereas an analysis of the state of the cereals market nity market . in the Community indicates that the criteria of Article 3(1 ) of Council Regulation ( EEC) No 1693 /72 should 4. Loading shall take place for shipment from an be applied , and that the product should be bought on Atlantic or Channel port. the Community market ; 5 . The product referred to in paragraph 1 is to be Whereas tenders should be invited for the supply of delivered in new jute sacks of a net capacity of 50 kilo­ the product to the port of shipment in the vicinity of grammes to the port of shipment in the vicinity of the the vessel, the goods to be set down at the place nomi­ vessel . The goods must be set down at the place nomi­ nated by the recipient or its agent ; nated by the recipient country or its agent, the timing Whereas the contract should be awarded to the of delivery being settled by the tenderer and the recip­ tenderer offering the best terms ; ient country's agent.

Whereas in case it should be impossible for reasons of 6 . The following shall be printed on the sacks : force majeure to complete the operation in question within the set time limits, it must be made clear who ' Don de la Communaute Economique Europeenne a is to bear any costs resulting therefrom ; la Republique du Dahomey'.

Whereas provision should be made for security to be given to guarantee fulfilment of the obligations arising Article 2 by virtue of particpation in the invitation to tender for the supply of wheat to the Republic of Dahomey. 1 . The decision on tenders received in response to Whereas the French intervention agency should be the invitation provided for in Article 1 shall be taken made responsible for the tendering procedure in ques­ on 6 September 1974 . tion ; 2 . The closing date for the receipt of tenders shall Whereas the Commission must be informed quickly be 6 September 1974 at 12 noon . of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; 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 209 , 31 . 7 . 1974, p. 1 . Communities not less than nine days before the (3 ) OJ No L 178 , 5 . 8 . 1972, p. 1 . closing date for submission of tenders .

No L 233 /28 Official Journal of the European Communities 24 . 8 . 74

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

2. The security required under paragraph 1 may be The information indicated above shall be forwarded provided in the form of a cash deposit or of a by the intervention agency to the Commission imme­ guarantee issued by a credit institution conforming to diately upon receipt. criteria laid down by each Member State .

Article6¶

The common wheat referred to in Article 1 to be On delivery of the goods at the port of shipment, a supplied to the Republic of Dahomey must be of fair handing-over certificate shall be supplied to the and sound merchantable quality and correspond at successful tenderer, acting as agent for the Commu­ least to the standard quality for which the interven­ nity, by the agent of the recipient country or, in the tion price is fixed, except that the moisture content absence of the latter, by the intervention agency of the shall not exceed 1 5-5 % and that a maximum of 3 % Member State in whose territory the port of shipment of sprouted grains, and 1 -5 % of miscellaneous impuri­ is situated . ties shall be allowed .

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, 23 August 1 974.

f-'or the Commission The President Francois-Xavier ORTOL1