31974R3221

21 . 12 . 74 Official Journal of the European Communities No L 342/21

REGULATION (EEC) No 3221 / 74 OF THE COMMISSION

of 20 December 1974

opening an invitation to tender (or the mobilization of maize as food aid for the Republic of Mali,

THE COMMISSION OF THE EUROPEAN Whereas the measures provided for in this Regulation COMMUNITIES, are in accordance with the Opinion of the Manage­ ment Conimittee 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 ( 1 ) of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ Article 1 lation (EEC) No 1996/74 (2);

1 . Tenders are hereby invited for the supply to the Having regard to Council Regulation (EEC) No Republic of Mali by way of Community food-aid 1693/72 (3) of 3 August 1972 laying down the condi­ action of 6 000 metric tons of maize . tions for the mobilization of cereals as food aid, and in particular Article 6 thereof ; 2. The tendering procedure shall take place in Whereas on 28 December 1973 the Council of the France in one lot. The product shall be mobilized on European Communities declared that by way of the Community market. The product shall be loaded for departure from any Community port. Community action it proposed to grant the Republic of Mali 6 000 metric tons of maize under its 1973/ 74 3 . The invitation to tender provided for in para­ food-aid programme ; graph 1 is for supply of products delivered cif, that is to say, actually placed on the quay of the port of Whereas pursuant to Article 3 (3) of Council Regula­ Abidjan . tion (EEC) No 1693/72 the goods may be purchased anywhere on the Community market ; 4 . The successful tenderer shall deliver the product specified in paragraph 1 in new jute sacks of a net Whereas the proposed invitation to tender should be 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 ; 'Mais — 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 time limits, it should be made clear who is to bear the the invitation provided for in Article 1 shall be taken on 6 January 1975 . liability for any resulting costs ;

Whereas provisions should be made for security to be 2. The closing date for submission of tenders shall be 6 January 1975 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 Mali will be fulfilled ; published in the Official Journal of the European Whereas the intervention agency of France should be Communities not less than nine days before the 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 342/22 Official Journal of the European Communities 21 . 12 . 74

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

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 for by this Regulation . Article 7

2 . It shall forthwith communicate to the Commis­ This Regulation shall enter into force on the day of its sion the list of firms which have responded to the invi­ publication in the Official Journal of the European tation to tender, specifying the terms of each tender, Communities.

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

Done at Brussels, 20 December 1974.

For the Commission

The President

Francois-Xavier ORTOLI