31974R3151

14. 12 . 74 Official Journal of the European Communities No L 334/ 21

REGULATION (EEC) No 3151 /74 OF THE COMMISSION of 13 December 1974 opening a new invitation to tender for the mobilization of grain sorghum as food aid for the Republic of Niger

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 measures provided for in this Regulation Having regard to Council Regulation No 120/ are in accordance with the Opinion of the Manage­ 67/ EEC (*) of .13 June 1967 on the common organiza­ ment Committee for Cereals , tion of the market in cereals, as last amended by Regu­ lation (EEC) No 1996/74 (2);

HAS ADOPTED THIS REGULATION : 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 Article 1 in particular Article 6 thereof ;

Whereas on 21 March 1974 the Council of the Euro­ 1 . Tenders are hereby invited for the supply to the pean Communities declared that by way of Commu­ Republic of Niger by way of Community food-aid nity action it proposed to grant the Republic of Niger action of 5 000 metric tons of grain sorghum . 5 000 metric tons of grain sorghum under its 1973/74 food-aid programme ; 2. The tendering procedure shall take place in France in one lot. The product shall be mobilized on Whereas the invitation to tender opened in the the Community market. The product shall be loaded Community under Commission Regulation (EEC) No for departure from any Community port. 2652/74 (4) of 18 October 1974 opening an invitation to tender for the mobilization of sorghum as food aid 3 . The invitation to tender provided for in para­ for the Republic of Niger was not allocated ; whereas graph 1 is for supply of products delivered cif, that is a new invitation to tender should therefore be at the moment when the goods are actually placed on opened ; the dock at the port listed in the Annex. Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 1693/72 the goods may be purchased 4. The successful tenderer shall deliver the product anywhere on the Community market ; specified in paragraph 1 in new jute sacks of a net capacity of 50 kilogrammes. The following shall be Whereas the proposed invitation to tender should be printed on the sacks : for supply of the products delivered cif, that is at the moment when the goods are actually placed on the 'Sorgho — Don de la Communaute economique euro­ dock at the port of unloading ; peenne — Distribution gratuite'.

Whereas the award under the invitation to tender must be made in favour of the tenderer offering the Article 2 best terms ; Whereas, should force majeure make it impossible to 1 . The decision of 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 30 December 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 30 December 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 made responsible for the tendering procedure in ques­ closing date submission of tenders . tion ;

Article 3 ( i ) OJ No 117, 19 . 6 . 1967, p. 2269/67. (2) OJ No L 209, 31 . 7. 1974, p. 1 . The contract shall be awarded to the tenderer who 3 ) OJ No L 178 , 5. 8 . 1972, p. 3 . (4) OJ No L 283 , 19 . 10 . 1974, p . 37. offers the most favourable terms. If it appears,

No L 334/22 14. 12. 74 Official Journal of the European Communities

however, that the tenders submitted do not reflect 2 . It shall forthwith communicate to the Commis­ normal market prices and rates, the intervention sion the list of firms which have responded to the invi­ agency may cancel the invitation to tender. tation to tender, specifying the terms of each tender, together with the name and business name of the Article 4 successful tenderer .

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

Article6¶

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

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

Done at Brussels, 13 December 1974 .

For the Commission

The President

François-Xavier ORTOLI

ANNEX

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

1 Cotonou or 5 000 Apapa j Customs of the port