31974R2652

9 . 0 . 74 No L 283 / 37 Official Journal of the European Communities

REGULATION ( EEC) No 2652/ 74 OF THE COMMISSION of 18 October 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 measures provided for in this Regulation COMMUNITIES , are in accordance with the Opinion of the Manage­ ment Committee for Cereals, Having regard to the Treaty establishing the European Economic Community ;

HAS ADOPTED THIS REGULATION : Having regard to Council Regulation No 120 / 67/ EEC (') of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ Article 1 lation ( EEC) No 1 996/74 (2) ;

Having regard to Council Regulation (EEC) No 1 . Tenders are hereby invited for the supply to the 1 693/72 (3) of 3 August 1972 laying down the condi­ Republic of Niger by way of Community food-aid tions for the mobilization of cereals as food aid, and action of 5 000 metric tons of grain sorghum . in particular Article 6 thereof ; 2 . The tendering procedure shall take place in Whereas on 21 March 1974 the Council of the Euro­ France in two lots . The product shall be mobilized on pean Communities declared that by way of Commu­ the Community market. The product shall be loaded nity action it proposed to grant the Republic of Niger for departure from a Community port. 5 000 metric tons of grain sorghum under its 1973/74 food-aid programme ; 3 . The invitation to tender provided for in para­ graph 1 is for supply of products delivered cif, that is Whereas pursuant to Article 3 (3) of Council Regula­ at the moment when the goods are actually placed on tion (EEC) No 1693/72 the goods may be purchased the dock at the port listed in the Annex . anywhere on the Community market ; 4 . The successful tenderer shall deliver the product Whereas the proposed invitation to tender should be specified in paragraph 1 in new jute sacks of a net for supply of the products delivered cif, that is at the capacity of 50 kilogrammes. The following shall be moment when the goods are actually placed on the printed on the sacks : dock at the port of unloading ; ' Sorgho — Don de la Communaute economique euro­ Whereas the award under the invitation to tender peenne — Distribution gratuite'. must be made in favour of the tenderer offering the best terms ; Article 2 Whereas, should force majeure make it impossible to 1 . The decision on tenders received in response to complete the operation in question within the set the invitation provided for in Article 1 shall be taken time limits, it should be made clear who is to bear the on .5 November 1974 . liability for any resulting costs ; 2. The closing date for submission of tenders shall Whereas provisions should be made for security to be be 5 November 1974 at 12 noon . given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ 3 . The notice of invitation to tender shall be tion to tender for supplies to Niger will be fulfilled ; published in the Official Journal of the European Communities not less than nine days before the Whereas the intervention agency of France should be closing date for submission of tenders . made responsible for the tendering procedure in ques­ tion ; Article 3 Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation The contract shall be awarded to the tenderer who and of those accepted by the intervention agency ; offers the most favourable terms. If it appears, however, that the tenders submitted do not reflect (') OJ No 117, 19 . 6 . 1967, p. 2269/ 67 . (-) OJ No L 209 , 31 . 7 . 1974, p. 1 . normal market prices and rates, the intervention (3 ) OJ No L 178 , 5 . 8 . 1972, p. 3 . agency may cancel , the invitation to tender.

No L 283 /38 Official Journal of the European Communities 19 . 10 . 74

Article 4 tation to tender, specifying the terms of each tender, together with the name and business name of the 1 . The successful tenderer shall give security in an successful tenderer . amount of five units of account per metric ton of goods ; the purpose of such security is to guarantee 3 . On the other hand, if the successful tenderer is established in a Member State other than the one performance of the operations specified in Article 1 . The security shall be forfeit if those operations are not collecting the tenders, and if the product is dispatched carried out within the time stipulated, save as regards through a frontier post of the Member State where the successful tenderer is established, the intervention quantities not delivered for reasons of force majeure. agency of the latter Member State shall be responsible 2. The security referred to in paragraph 1 may be for the operations relating to the tendering. given in the form of a cash deposit or of a guarantee issued by a credit institution conforming to the In this case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ criteria laid down by the Member State . vention agency of the Member State concerned and shall supply it with all the information which it may Article 5 require . 1 . The product referred to in Article 1 which is to 4. The intervention agency shall request the be supplied for human consumption to Niger must be successful tenderer to supply the following informa­ of fair and sound merchantable quality, be free from tion : odour, and with a moisture content not exceeding 14 % . (a) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; 2. Tenders for supply to Niger of the product speci­ (b) the date of departure of the vessels ; fied in Article 1 must relate to grain sorghum of fair (c) all possible contingencies which might occur and sound merchantable quality, free from odour, and during transportation of the products . with a moisture content not exceeding 14 % . The information indicated above shall be forwarded Article 6 by the intervention agency to the Commission imme­ diately upon receipt. 1 . The French intervention agency shall be respon­ sible for organizing the invitation to tender provided Article 7 for by this Regulation . This Regulation shall enter into force on the day of its 2 . It shall forthwith communicate to the Commis­ publication in the Official Journal of the European sion the list of firms which have responded to the invi­ Communities.

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

Done at Brussels, 18 October 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 3 750 i 2 Apapa 1 250 ^ Customs of the port