31974R2363

17 . 9 . 74 Official Journal of the European Communities No L 252/ 13

REGULATION ( EEC) No 2363/ 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 Togo

THE COMMISSION OF THE EUROPEAN Whereas the French 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 Having regard to Council Regulation No 120/ of the tenders submitted in response to the invitation 67/EEC (*) of 13 June 1967 on the common organiza­ and of those accepted by the intervention agency ; tion of the market in cereals, as last amended by Regu­ lation ( EEC) No 1 996/74 (2) ; Whereas the prices of soft wheat on the world market exceed at this time to a marked extent the prices Having regard to Council Regulation (EEC) No ruling in the Community for that product ; whereas 1 693/72 (3) of 3 August 1972 laying down the condi­ tions for the mobilization of cereals as food aid, and on the basis of data currently available no immediate change in this position is to be foreseen ; whereas in particular Article 6 thereof ; under these conditions tenderers can reasonably Having regard to Council Regulation (EEC) No expect that at the time of delivery of the products in 974/71 (4) of 12 May 1971 covering certain measures the tender no monetary compensatory amount will be of conjunctural policy to be taken in the agricultural applied to the export by virtue of Article 4 bis (2) of sector following the temporary widening of the Regulation (EEC) No 974/71 ; whereas however the margins of fluctuation in the currencies of certain Commission has proposed to the Council the suppres­ Member States, as last amended by Regulation (EEC) sion of paragraph 2 of Article 4 bis aforesaid ; whereas No 3450/73 (5), and in particular Article 6(1 ) thereof ; this measure will have the effect of applying under all circumstances the monetary compensatory amount for Whereas on 21 March 1974 the Council of the Euro­ transactions with Member States with depreciated pean Communities declared that by way of Commu­ currencies and in particular the levying of this amount nity action it proposed to grant the Republic of Togo on exports ; whereas in order not to hinder the execu­ 3 500 metric tons of common \yheat under the tion of this present food aid it is expedient to provide 1973/74 food-aid programme ; that any compensatory amount that might be applied Whereas an analysis of the state of the cereals market following the suppression of paragraph 2 of Article in the Community indicates that the criteria of Article 4 bis aforesaid shall not be levied for the products to be delivered by virtue of this present invitation to 3(1 ) of Council Regulation (EEC) No 1693/72 should tender ; be applied, and that the product should be bought on the Community market ; Whereas the measures provided for in this Regulation Whereas tenders should be invited for the supply of are in accordance with the Opinion of the Manage­ the product to the port of shipment in the vicinity of ment Committee for Cereals , the vessel, the goods to be set down at the place nomi­ nated by the recipient or its agent ;

Whereas the contract should be awarded to the tenderer offering the best terms ; HAS ADOPTED THIS REGULATION :

Whereas in case it should be impossible for reasons of force majeure to complete the operation in question within the set time limits , it must be made clear who Article 1 is to bear any costs resulting therefrom ; 1 . Tenders are hereby invited for the supply, by Whereas provision should be made for security to be way of Community food aid action , to the Republic of given to guarantee fulfilment of the obligations arising Togo of 3 500 metric tons of common wheat. by virtue of participation in the invitation to tender for the supply of wheat to the Republic of Togo ; 2. The tendering procedure shall take place in the (') OJ No 117, 19 . 6. 1967, p. 2269/ 67. Republic of France in one lot . (2) OJ No L 209, 31 . 7. 1974, p. 1 . (3) OJ No L 178 , 5. 8 . 1972, p. 1 . (<) OJ No L 106, 12. 5. 1971 , p. 1 . 3 . The product shall be mobilized on the Commu­ (5) OJ No L 353 , 22. 12. 1973, p. 25 . nity market .

No L 252/ 14 Official Journal of the European Communities 17 . 9 . 74

4. Loading shall take place for shipment from one fixed, except that the moisture content shall not port of the , Community. exceed 15-5% and that a maximum of 3% of sprouted grains and 1-5 % of miscellaneous impuri­ 5. The product referred to, in paragraph 1 is to be ties shall be allowed . delivered in bulk to the port of shipment in the vicinity of the vessel . The goods must be set down at Article 7 the place nominated by the recipient country or its agent, the timing of delivery being settled by the 1 . The French intervention agency shall be respon­ tenderer and the recipient country's agent. sible for operations relating to the invitation to tender provided for by this Regulation . Article 2 2 . It shall forthwith communicate to the Commis­ 1 . The decision on tenders received in response to sion the list of firms which have responded to the invi­ the invitation provided for in Article 1 shall be taken tation to tender, specifying the terms of each tender, on 27 September 1974. together with the name and business name of the successful tenderer. 2. The closing date for the receipt of tenders shall be 27 September 1974 at 12 noon . 3 . On the other hand, if the successful tenderer is 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 published in the Official Journal of the European despatched through a frontier post of the Member Communities not less than nine days before the State where the successful tenderer is established , the closing date for submission of tenders. intervention agency of the latter Member State shall be responsible for the operations relating to the Article 3 tendering. The contract shall be awarded to the tenderer who In this case, the intervention agency choosing the makes the most favourable offer. successful tenderer shall immediately inform the inter­ 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 tion, the resulting costs shall be borne by the interven­ The information indicated above shall be forwarded tion agency. by the intervention agency to the Commission imme­ 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 majeu re. is situated .

2. The security required under paragraph 1 may be Article 9 provided in the form of a cash deposit or of a guarantee issued by a credit institution conforming to The monetary compensatory amount shall not be criteria laid down by each Member State. levied for the products to be delivered under this Regulation . Article 6 Article 10 The common wheat referred to in Article 1 to be supplied to the Republic of Togo must be of fair and This Regulation shall enter into force on the day of its sound merchantable quality and correspond at least to publication in the Official Journal of the European the standard quality of which the intervention price is Communities.

17. 9 . 74 Official Journal of the European Communities No L 252/ 15

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