31974R2351

14 . 9 . 74 Official Journal of the European Communities No L 251 / 33

REGULATION ( EEC) No 2351 /74 OF THE COMMISSION of 13 September 1974 opening an invitation to tender for the mobilization of common wheat as aid for the Republic of Indonesia

THE COMMISSION OF THE EUROPEAN Whereas the Dutch intervention agency should be COMMUNITIES, made responsible for the tendering procedure in ques­ tion ; Having regard to the Treaty establishing the European Economic Community ; Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to Council Regulation No 120/ and of those accepted by the intervention agency ; 67/EEC ( 1) of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ Whereas the measures provided for in this Regulation lation (EEC) No 1996/74 (2) ; are in accordance with the Opinion of the Manage­ ment Committee for Cereals, Having regard to Council Regulation (EEC) No 1693/72 (3) of 3 August 1972 laying down the condi­ tions for the mobilization of cereals as food aid, and HAS ADOPTED THIS REGULATION : in particular Article 6 thereof ;

Whereas on 21 March 1974 the Council of the Euro­ Article 1 pean Communities declared that by way of Commu­ nity action it proposed to grant the Republic of Indo­ nesia 21 000 metric tons of common wheat under the 1 . Tenders are hereby invited for the supply, by 1973/74 food-aid programme ; way of Community food aid action , to the Republic of Indonesia of 21 000 metric tons of common wheat. Whereas an analysis of the state of the cereals market with reference to cereals intervention in the Nether­ 2. The tendering procedure shall take place in the Netherlands in one lot . lands indicates that the criteria of Article 3 (2) of Council Regulation (EEC) No 1693/72 should be applied and that the intervention agency of the 3 . The product shall be mobilized by the Dutch Member State as specified should mobilize the cereals intervention agency from the stores specified in the from those stocked in its own stores and should also Annex . determine the conditions of mobilization ; 4. Loading shall take place for shipment from one Whereas tenders should be invited for the supply of port of the Community. the product to the port of shipment in the vicinity of the vessel, the goods to be set down at the place nomi­ 5. The product referred to in paragraph 1 is to be nated by the recipient or its agent ; delivered in bulk to the port of shipment in the vicinity of the vessel . The goods must be set down at Whereas the contract should be awarded to the the place nominated by the recipient country or its agent, the timing of delivery being settled by the tenderer offering the best terms ; tenderer and the recipient country's agent. Whereas in case it should be impossible for reasons of force majeure to complete the operation in question Article 2 within the set time limits, it must be made clear who is to bear any costs resulting therefrom ; 1 . The decision on tenders received in response to from ; the invitation provided for in Article 1 shall.be taken on 27 September 1974. Whereas provision should be made for security to be 2. The closing date for the receipt of tenders shall given to guarantee fulfilment of the obligations arising be 27 September 1974 at 12 noon . by virtue of participation in the invitation to tender for the supply of wheat to the Republic of Indonesia ; 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. I1) OJ No L 209, 31 . 7. 1974, p. 1 . Communities not less than nine days before the (>) OJ No L 178 , 5. 8 . 1972, p. 3. closing date for submission of tenders.

No L 251 /34 Official Journal of the European Communities 14. 9 . 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 tenders, 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 collecting the tenders, and if the product is dispatched Article 4 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 despatched 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 Indonesia 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 is situated . impurities shall be allowed .

Article7¶

1 . The Dutch 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, 13 September 1974. For the Commission The President Francois-Xavier ORTOLI

14 . 9 . 74 Official Journal of the European Communities No L 251 /35

ANNEX

Number of Lot Port of shipment Metric tonnage fob Address of store Town at which stored

1 Community ports 21 000 Graan Elevator Maatschappij Rotterdam Maashaven