31974R3090

7 . 12 . 74 Official Journal of the European Communities No L 327/21

REGULATION (EEC) No 3090/74 OF THE COMMISSION of 6 December 1974 opening a new invitation to tender for the mobilization of common wheat as food aid for the Republic of Bolivia

THE COMMISSION OF THE EUROPEAN Whereas the Belgian 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 of the tenders submitted in response to the invitation Having regard to Council Regulation No 120/ and of those accepted by the intervention agency ; 67/EEC ( 1 ) of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ Whereas the measures provided for in this Regulation lation (EEC) No 1 996/74 (2) ; are in accordance with the Opinion of the Manage­ ment Committee for Cereals, Having regard to Council Regulation (EEC) No 1 693/72 (3) of 3 August 1972 laying down the condi­ tions for the mobilization of cereals as food aid, and in particular Article 6 thereof ; HAS ADOPTED THIS REGULATION : 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 Article 1 Bolivia 5 000 metric tons of common wheat under its 1973/74 fopd-aid programme ; 1 . Tenders are hereby invited for the supply, by way of Community food-aid action to the Republic of Whereas the invitation to tender opened in the Bolivia of 5 000 metric tons of common wheat . Community under Commission Regulation (EEC) No 2868 /74 of 15 November 1974 opening an invitation to tender for the mobilization of common wheat as 2. The tendering procedure shall take place in Belgium in one lot. food aid for the Republic of Bolivia (4) was not allo­ cated ; whereas a new invitation to tender should there­ 3 . The product shall be mobilized on the Commu­ fore be opened ; nity market. Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 1693/72 the goods may be purchased 4. Loading shall take place for shipment from any anywhere on the Community market ; port of the Community.

Whereas tenders should be invited for the supply of 5 . The product referred to in paragraph 1 is to be the product to the port of shipment in the vicinity of delivered in bulk to the port of shipment in the the vessel, the goods to be set down at the place nomi­ vicinity of the vessel . The goods must be set down at nated by the recipient or its agent ; the place nominated by the recipient country or its Whereas the contract should be awarded to the agent, the timing of delivery being settled by the tenderer and the recipient country's agent. tenderer offering the best terms ;

Whereas in case it should be impossible for reasons of Article 2 force majeure to complete the operation in question within the set time limits, it must be made clear who is to bear any costs resulting therefrom ; 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken Whereas provision should be made for security to be on 20 December 1974 . given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender 2 . The closing date for the receipt of tenders shall for the supply of common wheat to the Republic of be 20 December 1974 at 12 noon . Bolivia ; 3 . The notice of invitation to tender shall be n OJ No 117, 19 . 6 . 1967, p . 2269/67. published in the Official Journal of the European (2) OJ No L 209 , 31 . 7. 1974, p. 1 . (3) OJ No L 178 , 5 . 8 . 1972, p. 3 . Communities not less than nine days before the (4) OJ No L 306, 16 . 11 . 1974, p. 7. closing date for submission of tenders .

No L 327 / 22 Official Journal of the European Communities 7 . 12 . 74

Article 3 2 . It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ The contract shall be awarded to the tenderer who tation to tender, specifying the terms of each tender, makes the most favourable offer. together with the name and business name of the However, if the tenders submitted do not appear to successful tenderer. reflect normal market prices and costs, the interven­ 3 . On the other hand, if the successful tenderer is tion agency may cancel the invitation to tender. established in a Member State other than the one Article 4 collecting the tenders, and if the product is dispatched through a frontier post of the Member State where the If the tenderer is unable to deliver the goods in successful tenderer is established, the intervention compliance with Article 1 (5) on the date given in the agency of the latter Member State shall be responsible notice of invitation to tender as a result of the late for the operations relating to the tendering. availability of the vessels to be used for sea transporta­ tion, the resulting costs shall be borne by the interven­ In this case, the intervention agency choosing the tion agency. successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and Article 5 shall supply it with all the information which it may require . 1 . The successful tenderer shall give security of a value of five units of account per metric ton of the 4. The intervention agency shall request the product ; the security is intended to guarantee that the successful tenderer to supply the following informa­ operations specified in Article 1 are duly completed. tion : The security shall be forfeited if those operations are (a) after each shipment a certificate showing the quan­ not carried out within the prescribed time limit, save tities dispatched and the quality of the products ; as regards quantities not delivered owing to force majeure. (b) the date of departure of the vessels .

2. The security required under paragraph 1 may be The information indicated above shall be forwarded provided in the form of a cash deposit or of a by the intervention agency to the Commission imme­ guarantee issued by a credit institution conforming to diately upon receipt. criteria laid down by each Member State.

Article6¶

The common wheat referred to in Article 1 to be On delivery of the goods at the port of shipment, a supplied to the Republic of Bolivia must be of fair handing-over certificate shall be supplied to the and sound merchantable quality and correspond at successful tenderer acting as agent for the Commu­ least to the standard quality for which the interven­ nity, by the agent of the recipient country or, in the tion price is fixed, except that the moisture content absence of the latter by the intervention agency of the shall not exceed 1 5 % and that a maximum of 3 % of Member State in whose territory the port of shipment sprouted grains and 1 -5 % of miscellaneous impuri­ is situated . ties shall be allowed .

Article7¶

1 . The Belgian intervention agency shall be respon­ This Regulation shall enter into force on the day of its sible for operations relating to the invitation to tender publication in the Official Journal of the European provided for by this Regulation . Communities.

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

Done at Brussels, 6 December 1974 . For the Commission The President Francois-Xavier ORTOLI