CELEX: 31974R3221
Language: en
Date: 1974-12-20 00:00:00
Title: Regulation (EEC) No 3221/74 of the Commission of 20 December 1974 opening an invitation to tender for the mobilization of maize as food aid for the Republic of Malt

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 ;
Having regard to Council Regulation No 120/                        HAS ADOPTED THIS REGULATION :
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);
Having regard to Council Regulation (EEC) No                       1 . Tenders are hereby invited for the supply to the
1693/72 (3) of 3 August 1972 laying down the condi­                Republic of Mali by way of Community food-aid
                                                                   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
Community action it proposed to grant the Republic                 for departure from any Community port.
of Mali 6 000 metric tons of maize 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               to say, actually placed on the quay of the port of
tion (EEC) No 1693/72 the goods may be purchased                   Abidjan .
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 ;
                                                                   '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
complete the operation in question within the set                   1 . The decision on tenders received in response to
time limits, it should be made clear who is to bear the            the invitation provided for in Article 1 shall be taken
liability for any resulting costs ;                                on 6 January 1975.
Whereas provisions should be made for security to be               2. The closing date for submission of tenders shall
given for the purpose of guaranteeing that the obliga­             be 6 January 1975 at 12 noon .
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
made responsible for the tendering procedure in ques­              closing date for submission of tenders .
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.
 ---pagebreak---   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
  given in the form of a cash deposit or of a guarantee          In this case, the intervention agency choosing the
                                                                 successful tenderer shall immediately inform the inter­
  issued by a credit institution conforming to the
  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
                                                                 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
  correspond at least to the standard quality for which          (c) all possible contingencies which might occur
  the intervention price is fixed.                                    during transportation of the products.
                                                                 The information indicated above shall be forwarded
                           Article 6                              by the intervention agency to the Commission imme­
   1 . The French intervention agency shall be respon­            diately upon receipt.
  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