31974R2445

No L 262/ 10 Official Journal of the European Communities 28 . 9 . 74

REGULATION ( EEC) No 2445 / 74 OF THE COMMISSION of 27 September 1974 opening an invitation to tender for the mobilization of grain sorghum as food aid for the Republic of Niger

THE COMMISSION OF THE EUROPEAN Whereas the intervention agency of France 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/ 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 (-); Whereas the prices of grain sorghum on the world market exceed at this time to a marked extent the Having regard to Council Regulation (EEC) No prices ruling in the Community for that product ; 1 693/72 (3 ) of 3 August 1972 laying down the condi­ whereas on the basis of data currently available no tions for the mobilization of cereals as food aid , and immediate change in this position is to be foreseen ; in particular Article 6 thereof ; whereas under these conditions tenderers can reason­ ably expect that at the time of delivery of the products Having regard to Council Regulation (EEC) No in the tender no monetary compensatory amount will 974/ 71 (4 ) of 12 May 1971 covering certain measures be applied to the export by virtue of Article 4a (2) of of conjunctural policy to be taken in the agricultural Regulation ( EEC) No 974/ 71 ; whereas however the sector following the temporary widening of the Commission has proposed to the Council the suppres­ margins of fluctuation in the currencies of certain sion of Article 4a (2) aforesaid ; whereas this measure Member States, as last amended by Regulation ( EEC) will have the effect of applying under all circum­ No 3450 /73 (5 ), and in particular Article 6 ( 1 ) thereof ; stances the monetary compensatory amount for tran­ Whereas on 21 March 1974 the Council of the Euro­ sactions with Member States with depreciated curren­ cies and in particular the levying of this amount on pean Communities declared that by way of Commu­ exports ; whereas in order not to hinder the execution nity action it proposed to grant the Republic of Niger of this present food aid it is expedient to provide that 5 000 metric tons of grain sorghum under its 1973/74 any compensatory amount that might be applied food-aid programme ; following the suppression of Article 4a ( 2) aforesaid Whereas pursuant to Article 3 (3) of Council Regula­ shall not be levied for the products to be delivered by tion (EEC) No 1693 / 72 the goods may be purchased virtue of this present invitation to tender ; anywhere on the Community market ; Whereas the measures provided for in this Regulation Whereas the proposed invitation to tender should be are in accordance with the Opinion of the Manage­ for supply of the products delivered cif, that is at the ment Committee for Cereals , moment when the goods are actually placed on the dock at the port of unloading ;

Whereas the award under the invitation to tender HAS ADOPTED THIS REGULATION : must be made in favour of the tenderer offering the best terms ;

Whereas , should force nni / enre make it impossible to Article I complete the operation in question within the set time limits , it should be made clear who is to bear the 1 . Tenders are hereby invited for the supply to the liability for any resulting costs ; Republic of Niger by way of Community food aid Whereas provisions should be made for security to be action of 5 000 metric tons of grain sorghum . given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ 2 . The tendering procedure shall take place in tion to tender for supplies to Niger will be fulfilled ; France in two lots . The product shall be mobilized on the Comnumi'N market . - The product shall be loaded (') OJ No 117 , 19 . 6 . 1967, p . 2269/67 . for departure noni a Communis port (-') OJ No L 209 , 31 . 7 . 1974, p. 1 . (>) OJ No L 1 78 , 5 . X. 1972, p. 3 . (•») OJ No L 106 , 12 . 5 . 1971 , p. 1 . i . The invitation to tender provided tor in para­ (*) O'l No L 353 , 22 . 12 . 1973 , p. 25 . graph 1 is for supply of products delivered cif , that is

28 . 9 . 74 Official Journal of the European Communities No L 262/ 11

at the moment when the goods are actually placed on Article 6 the dock at the port listed in the Annex . 1 . The French intervention agency shall be respor* 4. The successful tenderer shall deliver the product sible for organizing the invitation to tender provic specified in paragraph 1 in new jute sacks of a net for by this Regulation . capacity of SO kilogrammes. The following shall be 2 . It shall forthwith communicate to the Commis­ printed on the sacks : sion the list of firms which have responded to the invi­ 'Sorgho — Don de la Communaute economique euro­ tation to tender, specifying the terms of each tender, peenne — Distribution gratuite.' together with the name and business name of the successful tenderer .

Article 2 3 . On the other hand , if the successful tenderer is established in a Member State other than the one 1 . The decision on tenders received in response to collecting the tenders, and if the product is dispatched the invitation provided for in Article 1 shall be taken through a frontier post of the Member State where the on 11 October 1974 . successful tenderer is established , the intervention agency of the latter Member State shall be responsible 2. The closing date for submission of tenders shall for the operations relating to the tendering. be 11 October 1974 at 12 noon . In this case, the intervention agency choosing the 3 . The notice of invitation to tender shall be successful tenderer shall immediately inform the inter­ published in the Official Journal of the European vention agency of the Member State concerned and Communities not less than nine days before the shall supply it with all the information which it may closing date for submission of tenders. require .

4. The intervention agency shall request the Article 3 successful tenderer to supply the following informa­ tion : The contract shall be awarded to the tenderer who offers the most favourable terms . If it appears , (a) after each shipment a certificate showing the quan­ however, that the tenders submitted do not reflect tities dispatched and the quality of the products ; normal market prices and rates , the intervention (b) the date of departure of the vessels ; agency may cancel the invitation to tender. (c) all possible contingencies which might occur during transportation of the products . Article 4 The information indicated above shall be forwarded 1 . The successful tenderer shall give security in an by the intervention agency to the Commission imme­ amount of five units of account per metric ton of diately upon receipt . goods ; the purpose of such security is to guarantee performance of the operations specified in Article 1 . Article 7 The security shall be forfeit if those operations are not carried out within the time stipulated , save as regards On delivery of the goods at the port of shipment, a quantities not delivered for reasons of force majeure. handing-over certificate shall be supplied to the successful tenderer, acting as agent for the Commu­ 2 . The security referred to in paragraph 1 may be nity, by the agent of the recipient country or, in the given in the form of a cash deposit or of a guarantee absence of the latter, by the intervention agency of the issued by a credit institution conforming to the Member State in whose territory the port of shipment criteria laid down by the Member State . is situated .

A rticle 5 Article 8 I. The product referred to in Article 1 which is to The monetary compensatory amount shall not be be supplied for human consumption to Niger must be levied for the products to be delivered under this of fair and sound merchantable quality , be free from Regulation . odour, and with a moisture content not exceeding < 14% . Article 9 ^ 2. Tenders for supply to Niger of the product speci­ o fied in Article 1 must relate to grain sorghum of fair This Regulation shall enter into force on the day of its n and sound merchantable quality , free from odour, and publication in the Official Journal of the European 12 with a moisture content not exceeding 14% . Communities.

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No L 262/ 12 Official Journal of the European Communities 28 . 9 . 74

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

Done at Brussels, 27 September 1974.

For the Commission

The President

François-Xavier ORTOLI

ANNEX

Metric tonnage Number of lot Port of unloading Minimum rate of unloading cif

1 Cotonou 3 000 2 Apapa 2 000 i Customs of the port