31974R2361

17 . 9 . 74 Official Journal of the European Communities No L 252/ 7

REGULATION ( EEC) No 2361 /74 OF THE COMMISSION of 13 September 1974 opening a new invitation to tender for the mobilization of common wheat as aid for the People's Republic of Bangladesh

THE COMMISSION OF THE EUROPEAN Whereas in case it should be impossible for reasons of COMMUNITIES, force majeure to complete the operation in question within the set time limits, it must be made clear who Having regard to the Treaty establishing the European is to bear any costs resulting therefrom ; Economic Community ;

Having regard to Council Regulation No 120/ 67/EEC (1) of 13 June 1967 on the common organiza­ Whereas provision should be made for security to be tion of the market in cereals, as last amended by Regu­ given to guarantee fulfilment of the obligations arising lation (EEC) No 1996/74 (2) ; by virtue of participation in the invitation to tender for the supply of wheat to the People's Republic of Having regard to Council Regulation (EEC) No Bangladesh ; 1 693/72 (3) of 3 August 1972 laying down the condi­ tions for the mobilization of cereals as food aid, and in particular Article 6 thereof ; Whereas the French intervention agency should be Having regard to Council Regulation (EEC) No made responsible for the tendering procedure in ques­ 974/71 (4) of 12 May 1971 covering certain measures tion ; of conjunctural policy to be taken in the agricultural sector following the temporary widening of the margins of fluctuation in the currencies of certain Member States, as last amended by Regulation (EEC) Whereas the Commission must be informed quickly No 3450/73 (5), and in particular Article 6 ( 1 ) thereof ; of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Whereas on 21 March 1974 the Council of the Euro­ pean Communities declared that by way of Commu­ nity action it proposed to grant the People's Republic of Bangladesh 60 000 metric tons of common wheat Whereas the prices of soft wheat on the world market under the 1973/74 food-aid programme ; exceed at this time to a marked extent the prices ruling in the Community for that product ; whereas Whereas the invitation to tender opened in the on the basis of data currently available no immediate Community under Commission Regulation (EEC) No change in this position is to be foreseen ; whereas 2219/74 (6) of 26 August 1974 opening an invitation under these conditions tenderers can reasonably to tender for the mobilization of common wheat as expect that at the time of delivery of the products in food aid for the People's Republic of Bangladesh was the tender no monetary compensatory amount will be not allocated ; whereas a new invitation to tender applied to the export by virtue of Article 4 bis (2) of should therefore be opened ; Regulation (EEC) No 974/71 ; whereas however the Whereas an analysis of the state of the cereals market Commission has proposed to the Council the suppres­ sion of paragraph 2 of Article 4 bis aforesaid ; whereas in the Community indicates that the criteria of Article this measure will have the effect of applying under all 3(1 ) of Council Regulation (EEC) No 1693/72 should be applied, and that the product should be bought on circumstances the monetary compensatory amount for transactions with Member States with depreciated the Community market ; currencies and in particular the levying of this amount Whereas tenders should be invited for the supply of on exports ; whereas in order not to hinder the execu­ the product to the port of shipment in the vicinity of tion of this present food aid it is expedient to provide the vessel, the goods to be set down at the place nomi­ that any compensatory amount that might be applied nated by the recipient or its agent ; following the suppression of paragraph 2 of Article 4 bis aforesaid shall not be levied for the products to Whereas the contract should be awarded to the be • delivered by virtue of this present invitation to tenderer offering the best terms ; tender ;

(M OJ No 117, 19 . 6. 1967, p. 2269/67. (2) OJ No L 209, 31 . 7. 1974, p. 1 . (3) OJ No L 178 , 5. 8 . 1972, p. 3. Whereas the measures provided for in this Regulation (4) OJ No L 106, 12. 5 . 1971 , p. 1 . (5) OJ No L 353, 22. 12. 1973, p. 25. are in accordance with the Opinion of the Manage­ (') OJ No L 234 27. 8 . 1974, p. 5. ment Committee for Cereals,

No L 252/ 8 Official Journal of the European Communities 17 . 9 . 74

HAS ADOPTED THIS REGULATION : 2. The security required under paragraph 1 may be provided in the form of a cash deposit or of a Article 1 guarantee issued by a credit institution conforming to criteria laid down by each Member State . 1 . Tenders are hereby invited for the supply, by way of Community food aid action, to the People's Article 6 Republic of Bangladesh of 60 000 metric tons of common wheat. The common wheat referred to in Article 1 to be 2. The tendering procedure shall take place in supplied to the People's Republic of Bangladesh must France in six lots of 10 000 metric tons each . be of fair and sound merchantable quality and corres­ pond at least the standard quality of which the inter­ 3. The product shall be mobilized on the Commu­ vention price is fixed, except that the moisture nity market. content shall not exceed 15-5 % and that a maximum 4. Loading shall take place for shipment from a of 3 % of sprouted grains and 1 -5 % of miscellaneous Community port. impurities shall be allowed.

5. The product referred to in paragraph 1 is to be Article 7 delivered bulk to the port of shipment in the vicinity of the vessel . The goods must be set down at the place 1 . The French intervention agency shall be respon­ nominated by the recipient country or its agent, the sible for operations relating to the invitation to tender timing of delivery being settled by the tenderer and provided for by this Regulation . the recipient country's agent. 2 . It shall forthwith communicate to the Commis­ Article 2 sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, 1 . The decision on tenders received in response to together with the name and business name of the the invitation provided for in Article 1 shall be taken successful tenderer. on 24 September 1974. 3 . On the other hand, if the successful tenderer is 2. The closing date for the receipt of tenders shall established in a Member State other than the one be 24 September 1974 at 12 noon . collecting the tenders, and if the product is 3 . The notice of invitation to tender shall be despatched through a frontier post of the Member State where the successful tenderer is established, the published in the Official Journal of the European Communities not less than seven days before the intervention agency of the latter Member State shall closing date for submission of tenders. be responsible for the operations relating to the tendering. Article 3 In this case, the intervention agency choosing the The contract shall be awarded to the tenderer who successful tenderer shall immediately inform the inter­ makes the most favourable offer. vention agency of the Member State concerned and shall supply it with all the information which it may However, if the tenders submitted do not appear to require . reflect normal market prices- and costs, the interven­ tion agency may cancel the invitation to tender. 4. The intervention agency shall request the successful tenderer to supply the following informa­ Article 4 tion : (a) after each shipment a certificate showing the quan­ If the tenderer is unable to deliver the goods in tities despatched and the quality of the products ; compliance with Article 1 (5) on ihe date given in the notice of invitation to tender as a result of the late (b) the date of departure of the vessels. availability of the vessels to be used for sea transporta­ The information indicated above shall be forwarded tion, the resulting costs shall be borne by the interven­ by the intervention agency to the Commission imme­ tion agency. diately upon receipt. Article 5 Article 8 1 . The successful tenderer shall give security of a value of five units of account per metric ton of the On delivery of the goods at the port of shipment, a product ; the security is intended to guarantee that the handing-over certificate shall be supplied to the operations specified in Article 1 are duly completed. successful tenderer, acting as agent for the Commu­ The security shall be forfeited if those operations are nity, by the agent of the recipient country, or in the not carried out within the prescribed time limit, save absence of the latter, by the intervention agency of the as regards quantities not delivered owing to force Member State in whose territory the port of shipment majeure. is situated .

17 . 9 . 74 Official Journal of the European Communities No L 252/ 9

Article9¶

The monetary compensatory amount shall not be This Regulation shall enter into force on the day of its levied for the products to be delivered under this publication in the Official Journal of the European 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