31974R2304

7. 9 . 74 Official Journal of the European Communities No L 245/ 15

REGULATION ( EEC) No 2304 / 74 OF THE COMMISSION of 6 September 1974 opening an invitation to tender for the mobilization of common wheat as aid for Malta

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 (^) ; 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 Malta of 2 000 tions for the mobilization of cereals as food aid , and metric tons of common wheat . in particular Article 6 thereof ; 2. The tendering procedure shall take place in the Whereas on 21 March 1974 the Council of the Euro­ Republic of France in one lot. pean Communities declared that by way of Commu­ nity action it proposed to grant Malta 2 000 metric 3 . The product shall be mobilized on the Commu­ tons of common wheat under the 1973 / 74 food-aid nity market . programme ; 4. Loading shall take place for shipment from one Whereas an analysis of the state of the cereals market port of the Mediterranean Sea . in the Community indicates that the criteria of Article 3 ( 1 ) of Council Regulation ( EEC) No 1693 / 72 should 5. The product referred to in paragraph 1 is to be be applied, and that the product should be bought on delivered in bulk to the port of shipment in the the Community market ; vicinity of the vessel . The goods must be set down at the place nominated by the recipient country or its Whereas tenders should be invited for the supply of the product to the port of shipment in the vicinity of agent, the timing of delivery being settled by the the vessel , the goods to be set down at the place nomi­ tenderer and the recipient country's agent. nated by the recipient or its agent ;

Whereas the contract should be awarded to the Article 2 tenderer offering the best terms ; 1 . The decision on tenders received in response to Whereas in case it should be impossible for reasons of the invitation provided for in Article 1 shall be taken force majeure to complete the operation in question on 19 September 1974 . within the set time limits , it must be made clear who is to bear any costs resulting therefrom ; 2 . The closing date for the receipt of tenders shall be 19 September 1974 at 12 noon . Whereas provision should be made for security to be given to guarantee fulfilment of the obligations arising 3 . The notice of invitation to tender shall, be by virtue of participation in the invitation to tender published in the Official Journal of the European for the supply of wheat to Malta ; 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 (>) OJ No L 178 , 5 . 8 . 1972, p. 3 . tion agency may cancel the invitation to tender.

No L 245 / 16 Official Journal of the European Communities 7 . 9 . 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 majeu re. 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 df 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 Malta must be of fair and sound merchan­ table quality and correspond at least to the standard Article 8 quality for which the intervention price is fixed, On delivery of the goods at the port of shipment, a except that the moisture content shall not exceed handing-over certificate shall be supplied to the 15-5 % and that a maximum of 3 % of sprouted successful tenderer acting as agent for the- Commu­ 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 Member State in whose territory the port of shipment Article 7 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 Communities.

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

Done at Brussels, 6 September 1974.

For the Commission The President

Francois-Xavicr ORTOLI