31974R2219

27. 8 . 74 Official Journal of the European Communities No L 234/ 5

REGULATION ( EEC) No 2219/ 74 OF THE COMMISSION of 26 August 1974 opening an invitation to tender for the mobilization of common wheat as aid for the People's Republic of Bangladesh

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 (2) ; Article 1

Having regard to Council Regulation (EEC) No 1 . Tenders are hereby invited for the supply, by 1 693/72 (3) of 3 August 1972 laying down the condi­ way of Community food aid action, to the People's tions for the mobilization of cereals as food aid , and Republic of Bangladesh of 60 000 metric tons of in particular Article 6 thereof ; common wheat .

Whereas on 21 March 1974 the Council of the Euro­ 2. The tendering procedure shall take place in pean Communities declared that by way of Commu­ France in six lots of 10 000 metric tons each . nity action it proposed to grant the People's Republic of Bangladesh 60 000 metric tons of common wheat 3 . The product shall be mobilized on the Commu­ under the 1973/74 food-aid programme ; nity market. Whereas an analysis of the state of the cereals market 4. Loading shall take place for shipment from a in the Community indicates that the criteria of Article Community port. 3(1 ) of Council Regulation (EEC) No 1693/72 should be applied, and that the product should be bought on 5. The product referred to in paragraph 1 is to be the Community market ; delivered in bulk to the port of shipment in the Whereas tenders should be invited for the supply of vicinity of the vessel . The goods must be set down at the product to the port of shipment in the vicinity of the place nominated by the recipient country or its the vessel, the goods to be set down at the place nomi­ agent, the timing of delivery being settled by the nated by the recipient or its agent ; tenderer and the recipient country's agent.

Whereas the contract should be awarded to the tenderer offering the best terms ; Article 2

Whereas in case it should be impossible for reasons of 1 . The decision on tenders received in response to force majeure to complete the operation in question the invitation provided for in Article 1 shall be taken within the set time limits, it must be made clear who on 6 September 1974. is to bear any costs resulting therefrom ; 2. The closing date for the receipt of tenders shall Whereas provision should be made for security to be be 6 September 1974 at 12 noon . given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender 3 . The notice of invitation to tender shall be for the supply of wheat to the People's Republic of published in the Official Journal of the European Bangladesh ; 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 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) OJ No L 209, 31 . 7. 1974, p. 1 . reflect normal market prices and costs, the interven­ P) OJ No L 178 , 5. 8 . 1972, p. 1 . tion agency may cancel the invitation to tender.

No L 234/6 Official Journal of the European Communities 27 . 8 . 74

Article 4 tation to tender, specifying the terms of each tender, together with the name and business name of the If the tenderer is unable to deliver the goods in successful tenderer. compliance with Article 1 (5) on the date given in the notice of invitation to tender as a result of the late 3 . On the other hand, if the successful tenderer is availability of the vessels to be used for sea transporta­ established in a Member State other than the one tion, the resulting costs shall be borne by the interven­ collecting the tenders, and if the product is dispatched tion 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 successful tenderer shall immediately inform the inter­ product ; the security is intended to guarantee that the vention agency of the Member State concerned and operations specified in Article 1 are duly completed . The security shall be forfeited if those operations are shall supply it with all the information which it may require . not carried out within the prescribed time limit, save as regards quantities not delivered owing to force 4. The intervention agency shall request the majeure. successful tenderer to supply the following informa­ tion : 2. The security required under paragraph 1 may be 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 tities dispatched and the quality of the products ; criteria laid down by each Member State. (b) the date of departure of the vessels .

The information indicated above shall be forwarded Article 6 by the intervention agency to the Commission imme­ The common wheat referred to in Article 1 to be diately upon receipt. supplied to the People's Republic of Bangladesh must be of fair and sound merchantable quality and corres­ Article 8 pond at least to the standard quality for which the intervention price is fixed, except that the moisture On delivery of the goods at the port of shipment, a content shall not exceed 1 5-5 % and that a maximum handing-over certificate shall be supplied to the successful tenderer, acting as agent for the Commu­ of 3 % of sprouted grains and 1 •5 % of miscellaneous impurities shall be allowed . nity, by the agent of the recipient country or, in the absence of the latter, by the intervention agency of the Article 7 Member State in whose territory the port of shipment is situated . 1 . The French intervention agency shall be respon­ sible for operations relating to the invitation to tender Article 9 provided for by this Regulation . This Regulation shall enter into force on the day of its 2 . It shall forthwith communicate to the Commis­ publication in the Official Journal of the European sion the list of firms which have responded to the invi­ Co mm unities.

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

Done at Brussels, 26 August 1974.

For the Commission

The President

Francois-Xavier ORTOLI