31974R2362

No L 252/ 10 Official Journal of the European Communities 17 . 9 . 74

REGULATION ( EEC) No 2362/74 OF THE COMMISSION of 13 September 1974 opening a new invitation to tender for the mobilization of common wheat as aid for, the Republic of Dahomey

THE COMMISSION OF THE EUROPEAN Whereas the contract should be awarded to the COMMUNITIES, tenderer offering the best terms ;

Having regard to the Treaty establishing the European Economic Community ; Whereas in case it should be impossible for reasons of force majeure to complete the operation in question Having regard to Council Regulation No 120/ within the set time limits, it must be made clear who 67/ EEC (') of 13 June 1967 on the common organiza­ is to bear any costs resulting therefrom ; tion of the market in cereals, as last amended by Regu­ lation (EEC) No 1996/74 (2); Whereas provision should be made for security to be Having regard to Council Regulation (EEC) No given to guarantee fulfilment of the obligations arising 1 693/72 (3) of 3 August 1972 laying down the condi­ by virtue of participation in the invitation to tender tions for the mobilization of cereals as food aid, and for the supply of wheat to the Republic of Dahomey ; in particular Article 6 thereof ;

Having regard to Council Regulation (EEC) No Whereas the French intervention agency should be 974/71 (4) of 12 May 1971 covering certain measures made responsible for the tendering procedure in ques­ 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 Republic of Whereas the prices of soft wheat on the world market Dahomey 4 000 metric tons of comnlon wheat under exceed at this time to a marked extent the prices the 1973/74 food-aid programme ; ruling in the Community for that product ; whereas on the basis of data currently available no immediate Whereas the invitation to tender opened in the change in this position is to be foreseen ; whereas Community under Commission Regulation (EEC), No under these conditions tenderers can reasonably 2213/74 (6) of 23 August 1974 opening an invitation expect that at the time of delivery of the products in to tender for the mobilization of common wheat as the tender no monetary compensatory amount will be food aid for the Republic of Dahomey was not allo­ applied to the export by virtue of Article 4 bis (2) of cated ; whereas a new invitation to tender should there­ Regulation (EEC) No 974/71 ; whereas however the fore be opened ; Commission has proposed to the Council the suppres­ sion of paragraph 2 of Article 4 bis aforesaid ; whereas Whereas an analysis of the state of the cereals market this measure will have the effect of applying under all in the Community indicates that the criteria of Article circumstances the monetary compensatory amount for 3(1 ) of Council Regulation (EEC) No 1693/72 should transactions with Member States with depreciated be applied, and that the product should be bought on currencies and in particular the levying of this amount the Community market ; on exports ; whereas in order not to hinder the execu­ tion of this present food aid it is expedient to provide Whereas tenders should be invited for the supply of that any compensatory amount that might be applied the product to the port of shipment in the vicinity of following the suppression of paragraph 2 of Article the vessel, the goods to be set down at the place nomi­ 4 bis aforesaid shall not be levied for the products to nated by the recipient or its agent ; be delivered by virtue of this present invitation to tender ; (') 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 . (s ) OJ No L 353 , 22. 12. 1973, p. 25 . are in accordance with the Opinion of the Manage­ (') OJ No L 233, 24. 8 . 1974, p. 27 . ment Committee for Cereals,

17 . 9 . 74 Official Journal of the European Communities No L 252/ 11

HAS ADOPTED THIS REGULATION : operations specified in Article 1 are duly completed. The security shall be forfeited if those operations are Article 1 not carried out within the prescribed time limit, save as regards quantities not delivered owing to force 1 . Tenders are hereby invited for the supply, by majeure. way of Community food aid action , to the Republic of Dahomey of 4 000 metric tons of common wheat. 2. The security required under paragraph 1 may be provided in the form of a cash deposit or of a 2. The tendering procedure shall take place in guarantee issued by a credit institution conforming to France in two lots . criteria laid down by each Member State. 3. The product shall be mobilized on the Commu­ nity market. Article 6

4. Loading shall take place for shipment from a The common wheat referred to in Article 1 to be Channel port. supplied to the Republic of Dahomey must be of fair and sound merchantable quality and correspond at 5. The product referred to in paragraph 1 is to be least to the standard quality of which the intervention delivered in new jute sacks of a net capacity of 50 kilo­ price is fixed, except that the moisture content shall grammes to the port of shipment in the vicinity of the not exceed 15-5 % and that a maximum of 3 % of vessel. The goods must be set down at the place nomi­ sprouted grains and 1-5 % of miscellaneous impuri­ nated by the recipient country or its agent, the timing ties shall be allowed . of delivery being settled by the tenderer and the recip­ ient country's agent. Article 7 6. The following shall be printed on the sacks : 1 . The French intervention agency shall be respon­ 'Don de la Communaute ficonomique Europeenne a sible for operations relating to the invitation to tender la Republique du Dahomey'. provided for by this Regulation .

2 . It shall forthwith communicate to the Commis­ Article 2 sion the list of firms which have responded to the invi­ 1 . The decision on tenders received in response to tation to tender, specifying the terms of each tender, the invitation provided for in Article 1 shall be taken together with the name and business name of the on 24 September 1974. successful tenderer. 2. The closing date for the receipt of tenders shall 3 . On the other hand , if the successful tenderer is be 24 September 1974 at 12 noon . established in a Member State other than the one 3 . The notice of invitation to tender shall be collecting the tenders, and if the product is despatched through a frontier post of the Member published in the Official Journal of the European State where the successful tenderer is established , the 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 However, if the tenders submitted do not appear to shall supply it with all the information which it may reflect normal market prices and costs, the interven­ require . 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 :

If the tenderer is unable to deliver the goods in (a) after each shipment a certificate showing the quan­ compliance with Article 1 (5) on the date given in the tities despatched and the quality of the products ; 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 tion agency. by the intervention agency to the Commission imme­ diately upon receipt . Ant icle 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

No L 252/ 12 Official Journal of the European Communities 17 . 9 . 74

successful tenderer, acting as agent for the Commu­ Article 10 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 is situated .

Article 9 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