31974R2446

28 . 9 . 74 Official Journal of the European Communities No L 262/ 13

REGULATION ( EEC) No 2446/ 74 OF THE COMMISSION of 27 September 1974 opening an invitation to tender for the mobilization of grain sorghum , maize and common wheat as food aid for the Republic of Chad

THE COMMISSION OF THE EUROPEAN Whereas the Commission must be informed quickly COMMUNITIES , of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to the Treaty establishing the European Economic Community ; Whereas the prices of grain sorghum , maize and soft Having regard to Council Regulation No 120/ wheat on the world market exceed at this time to a 67/ EEC (') of 13 June 1967 on the common organiza­ marked extent the prices ruling in the Community for tion of the market in cereals, as last amended by Regu­ those products ; whereas on the basis of data currently lation ( EEC) No 1 996 / 74 (2 ) ; available no immediate change in this position is to Having regard to Council Regulation (EEC) No be foreseen ; whereas under these conditions tenderers ■ 1 693/72 (3 ) of 3 August 1972 laying down the condi­ can reasonably expect that at the time of delivery of tions for the mobilization of cereals as food aid , and the products in the tender no monetary compensatory in particular Article 6 thereof ; amount will be applied to the export by virtue of Having regard to Council Regulation ( EEC) No Article 4a (2) of Regulation (EEC) No 974/71 ; 974/ 71 (4) of 12 May 1971 covering certain measures whereas however the Commission has proposed to the Council the suppression of Article 4a (2) aforesaid ; of conjunctural policy to be taken in the agricultural sector following the temporary widening of the whereas this measure will have the effect of applying under all circumstances the monetary compensatory margins of fluctuation in the currencies of certain amount for transactions with Member States with Member States, as last amended by Regulation ( EEC) No 3450/ 73 (5 ), and in particular Article 6(1 ) thereof ; depreciated currencies and in particular the levying of this amount on exports ; whereas in order not to Whereas on 21 March 1974 the Council of the Euro­ hinder the execution of this present food aid it is expe­ pean Communities declared that by way of Commu­ dient to provide that any compensatory amount that nity action it proposed to grant the Republic of Chad might be applied following the suppression of Article 10 000 metric tons of cereals under its 1973 / 74 food­ 4a (2) aforesaid shall not be levied for the products to aid programme ; be delivered by virtue of this present invitation to Whereas pursuant to Article 3 (3) of Council Regula­ tender ; tion ( EEC) No 1693 /72 the goods may be purchased 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 unloaded to ment Committee for Cereals , N'Djamena ; Whereas the award under the invitation to tender must be made in favour of the tenderer offering the best terms ; HAS ADOPTED THIS REGULATION : Whereas , should force majeure make it impossible to complete the operation in question within the set time limits , it should be made clear who is to bear the Article 1 liability for any resulting costs ; Whereas provisions should be made for security to be 1 . Tenders are hereby invited for the supply to the given for the purpose of guaranteeing that the obliga­ Republic of Chad by way of Community food-aid tions arising by virtue of participation in the invita­ action of : tion to tender for supplies to the Republic of Chad will be fulfilled ; — 3 000 metric tons of common wheat (lot No 1 ), Whereas the intervention agency of France should be made responsible for the tendering procedure in ques­ — 3 000 metric tons of grain sorghum (lot No 2), tion ; — 2 000 metric tons of maize ( lot No 3 ), ') OJ No 117 , 19 . 6 . 1 967 , p . 2269 / 67 . — 2 000 metric tons of common wheat ( lot No 4). -) OJ No L 209 , 31 . 7 . 1974, p . 1 . •') O'J No 1. 178 , 5 . 8 . 1972, p . 3 . ■*) O'l No L 106, 12. 5 . 1971 , p. 1 . 2 . The tendering procedure shall take place in ■s ) O'l No L 353 , 22. 12 . 1973 , p . 25 . France in four lots . The products shall be mobilized

No L 262/ 14 Official Journal of the European Communities 28 . 9 . 74

on the Community market. The products shall be Maize : loaded for departure from a Community port. must be of fair and sound merchantable quality, be 3. The invitation to tender provided for in para­ free from odour, and correspond at least to the graph 1 is for supply of products delivered unloaded standard quality for which the intervention price is to N'Djamena . fixed .

4. The successful tenderer shall deliver the product Common wheat : specified in paragraph 1 in new jute sacks of a net capacity of .50 kilogrammes. The following shall be must be of fair and sound merchantable quality, be printed on the sacks : free from odour, and correspond at least to the standard quality for which the intervention price is 'Sorgho — Don de la Communaute economique euro­ fixed, except that the humidity shall not exceed peenne — Distribution gratuite' 15-5% and that a maximum tolerance of 3% of 'Mai's — Don de la Communaute economique euro­ sprouted grains and 1 % of miscellaneous impurities peenne — Distribution gratuite' shall be allowed . ' Froment tendre — Don de la Communaute econo­ mique europeenne — Distribution gratuite .' 2. Tenders for supply to the Republic of Chad of the products specified in Article 1 must relate to Article 2 products having the following characteristics :

1 . The decision on tenders received in response to Grain sorghum : the invitation provided for in Article 1 shall be taken on 1 1 October 1 974 . must be of fair and sound merchantable quality, be free from odour, with a moisture content not 2. The closing date for submission of tenders shall exceeding 14% . be 11 October 1974 at 12 noon . Maize : 3 . The notice of invitation to tender shall be published in the Official Journal of the European must be of fair and sound merchantable quality, be Communities not later than nine days before the free from odour, and correspond at least to the closing date for submission of tenders . standard quality for which the intervention price is fixed . Article 3 Common wheat : The contract shall be awarded to the tenderer who makes the highest offer. However, if the tenders must be of fair and sound merchantable quality, be submitted do not appear to correspond to normal free from odour, and correspond at least to the market prices and costs , the intervention agency may standard quality for which the intervention price is cancel the invitation to tender . fixed , except that the humidity shall not exceed 15-5% and that a maximum tolerance of 3% of Article 4 sprouted grains and I % of miscellaneous impurities shall be allowed . 1 . The successful tenderer shall give security of a value of five units of account per metric ton of Article 6 product ; the security is intended to guarantee that the operations specified in Article 1 are duly completed . 1 . The French intervention agency shall be respon­ The security shall be forfeit if those operations are not sible for the operations relating to the invitation to carried out within the prescribed time limit, save as tender provided for by this Regulation . regards quantities not delivered owing to force­ majeure. 2 . It shall forthwith communicate to the Commis­ 2. The security provided for in paragraph 1 may be sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, given in form of a cash deposit or of a guarantee issued by a credit institution conforming to the together with the name and business name of the successful tenderer . criteria laid down by the Member State .

3 . On the other hand , if the successful tenderer is Article 5 established in a Member State other than the one 1 . The products specified in Article 1 to be collecting the tenders , and if the product is dispatched supplied for human consumption to the Republic of through a frontier post of the Member State where the Chad must meet the following requirements : successful tenderer is established , the intervention agency of the latter Member State shall be responsible Grain sorghum ; for the operations relating to the tendering . must be of fair and sound merchantable quality , be free from odour, with a moisture content not In this case , the intervention agencv choosing the exceeding 14 % . successful tenderer shall immediately inform the inter­

28 . 9 . 74 Official Journal of the European Communities No L 262/ 15

vention agency of the Member State concerned and successful tenderer, acting as agent for the Commu­ shall supply it with all the information which it may nity, by the agent of the recipient country or, in the require . absence of the latter, by the intervention agency of the Member State in whose territory the port of shipment 4. The intervention agency shall ask that the is situated . tenderer specifies the following information : (a) after each shipment, a statement giving details of the quantities loaded , the quality of the products and their packaging ; Article 8 (b) the date of the departure of the ships, the expected date of arrival of the products at their destination ; The monetary compensatory amount shall not be levied for the products to be delivered under this (c) all possible contingencies which might occur during transportation of the products . Regulation .

The intervention agency shall transmit the informa­ tion provided for to the Commission as soon as it is received . Article 9

Article 7 This Regulation shall enter into force on the day of its On delivery of the goods at the port of shipment, a publication in the Official Journal of the European handing-over certificate shall be supplied to the Communities.

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

Francois-Xavier ORTOLI