CELEX: 31974R2445
Language: en
Date: 1974-09-27 00:00:00
Title: Regulation (EEC) No 2445/74 of the Commission of 27 September 1974 opening an invitation to tender for the mobilization of grain sorghum as food aid for the Republic of Niger

No L 262/ 10                                 Official Journal of the European Communities                              28 . 9 . 74
                                REGULATION ( EEC) No 2445 /74 OF THE COMMISSION
                                                          of 27 September 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 intervention agency of France 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
Having regard to Council Regulation No                        120/      of the tenders submitted in response to the invitation
67/ EEC (') of 13 June 1967 on the common organiza­                     and of those accepted by the intervention agency ;
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 1 996/74 (-);                                           Whereas the prices of grain sorghum on the world
                                                                        market exceed at this time to a marked extent the
Having regard to Council Regulation (EEC) No                            prices ruling in the Community for that product ;
 1 693/72 (3 ) of 3 August 1972 laying down the condi­                  whereas on the basis of data currently available no
tions for the mobilization of cereals as food aid , and                 immediate change in this position is to be foreseen ;
in particular Article 6 thereof ;                                       whereas under these conditions tenderers can reason­
                                                                        ably expect that at the time of delivery of the products
Having regard to Council Regulation (EEC) No                            in the tender no monetary compensatory amount will
974/71 (4 ) of 12 May 1971 covering certain measures                    be applied to the export by virtue of Article 4a (2) of
of conjunctural policy to be taken in the agricultural                  Regulation ( EEC) No 974/ 71 ; whereas however the
sector following the temporary widening of the                          Commission has proposed to the Council the suppres­
margins of fluctuation in the currencies of certain                     sion of Article 4a (2) aforesaid ; whereas this measure
Member States, as last amended by Regulation ( EEC)                     will have the effect of applying under all circum­
No 3450 /73 (5 ), and in particular Article 6 ( 1 ) thereof ;           stances the monetary compensatory amount for tran­
Whereas on 21 March 1974 the Council of the Euro­                       sactions with Member States with depreciated curren­
pean Communities declared that by way of Commu­                         cies and in particular the levying of this amount on
nity action it proposed to grant the Republic of Niger                  exports ; whereas in order not to hinder the execution
5 000 metric tons of grain sorghum under its 1973/74                    of this present food aid it is expedient to provide that
food-aid programme ;                                                    any compensatory amount that might be applied
                                                                        following the suppression of Article 4a (2) aforesaid
Whereas pursuant to Article 3 (3) of Council Regula­                    shall not be levied for the products to be delivered by
tion (EEC) No 1693 / 72 the goods may be purchased                      virtue of this present invitation to tender ;
anywhere on the Community market ;
                                                                        Whereas the measures provided for in this Regulation
Whereas the proposed invitation to tender should be                     are in accordance with the Opinion of the Manage­
for supply of the products delivered cif, that is at the                ment Committee for Cereals ,
moment when the goods are actually placed on the
dock at the port of unloading ;
Whereas the award under the invitation to tender
must be made in favour of the tenderer offering the                     HAS ADOPTED THIS REGULATION :
best terms ;
Whereas, should force nni / enre make it impossible to                                          Article I
complete the operation in question within the set
time limits , it should be made clear who is to bear the
liability for any resulting costs ;                                     1 . Tenders are hereby invited for the supply to the
                                                                        Republic of Niger by way of Community food aid
Whereas provisions should be made for security to be                    action of 5 000 metric tons of grain sorghum .
given for the purpose of guaranteeing that the obliga­
tions arising by virtue of participation in the invita­                 2.     The tendering procedure shall take place in
tion to tender for supplies to Niger will be fulfilled ;                France in two lots . The product shall be mobilized on
                                                                        the Comnumi'N market . - The product shall be loaded
(')  OJ  No   117 , 19 . 6 . 1967, p . 2269/67 .                        for departure noni a Communis port
(-') OJ  No   L 209 , 31 . 7 . 1974, p. 1 .
(>)  OJ  No   L 1 78 , 5 . X. 1972, p. 3 .
(•») OJ  No   L 106 , 12 . 5 . 1971 , p. 1 .                             i.    The invitation to tender provided tor in para­
(*)  O'l No   L 353 , 22 . 12. 1973, p. 25 .                           graph 1 is for supply of products delivered cif, that is
 ---pagebreak---    28 . 9 . 74                         Official Journal of the European Communities                         No L 262/ 11
   at the moment when the goods are actually placed on                                      Article 6
   the dock at the port listed in the Annex.
                                                                  1 . The French intervention agency shall be respor*
   4. The successful tenderer shall deliver the product           sible for organizing the invitation to tender provic
   specified in paragraph 1 in new jute sacks of a net            for by this Regulation .
   capacity of SO kilogrammes. The following shall be
                                                                  2.      It shall forthwith communicate to the Commis­
   printed on the sacks :
                                                                  sion the list of firms which have responded to the invi­
   'Sorgho — Don de la Communaute economique euro­                tation to tender, specifying the terms of each tender,
   peenne — Distribution gratuite.'                               together with the name and business name of the
                                                                  successful tenderer.
                           Article 2                              3.     On the other hand , if the successful tenderer is
                                                                  established in a Member State other than the one
    1 . The decision on tenders received in response to           collecting the tenders, and if the product is dispatched
   the invitation provided for in Article 1 shall be taken        through a frontier post of the Member State where the
   on 11 October 1974 .                                           successful tenderer is established , the intervention
                                                                  agency of the latter Member State shall be responsible
   2.     The closing date for submission of tenders shall        for the operations relating to the tendering.
   be 11 October 1974 at 12 noon .
                                                                  In this case, the intervention agency choosing the
   3.     The   notice of invitation    to  tender shall  be      successful tenderer shall immediately inform the inter­
   published in the Official Journal of the European             vention agency of the Member State concerned and
   Communities not less than nine days before the                 shall supply it with all the information which it may
   closing date for submission of tenders.                        require.
                                                                  4. The intervention agency shall request the
                           Article 3
                                                                  successful tenderer to supply the following informa­
                                                                  tion :
   The contract shall be awarded to the tenderer who
   offers the most favourable terms. If it appears,               (a) after each shipment a certificate showing the quan­
   however, that the tenders submitted do not reflect                  tities dispatched and the quality of the products ;
   normal market prices and rates, the intervention               (b) the date of departure of the vessels ;
   agency may cancel the invitation to tender.
                                                                  (c) all possible contingencies which might occur
                                                                       during transportation of the products .
                           Article 4
                                                                  The information indicated above shall be forwarded
    1.    The successful tenderer shall give security in an       by the intervention agency to the Commission imme­
   amount of five units of account per metric ton of              diately upon receipt .
   goods ; the purpose of such security is to guarantee
   performance of the operations specified in Article 1 .
                                                                                            Article 7
   The security shall be forfeit if those operations are not
   carried out within the time stipulated , save as regards
   quantities not delivered for reasons of force majeure.         On delivery of the goods at the port of shipment, a
                                                                  handing-over certificate shall be supplied to the
   2. The security referred to in paragraph 1 may be              successful tenderer, acting as agent for the Commu­
   given in the form of a cash deposit or of a guarantee          nity, by the agent of the recipient country or, in the
   issued by a credit institution conforming to the               absence of the latter, by the intervention agency of the
   criteria laid down by the Member State .                       Member State in whose territory the port of shipment
                                                                  is situated .
                           A rticle 5
                                                                                            Article 8
    I.    The product referred to in Article 1 which is to        The monetary compensatory amount shall not be
   be supplied for human consumption to Niger must be             levied for the products to be delivered under this
   of fair and sound merchantable quality, be free from           Regulation .
   odour, and with a moisture content not exceeding
 <  14% .
                                                                                            Article 9
 ^ 2. Tenders for supply to Niger of the product speci­
 o fied in Article 1 must relate to grain sorghum of fair         This Regulation shall enter into force on the day of its
n  and sound merchantable quality, free from odour, and           publication in the Official Journal of the European
12 with a moisture content not exceeding 14% .                    Communities.
                            \
 ---pagebreak--- No L 262/ 12                  Official Journal of the European Communities                           28 . 9 . 74
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 27 September 1974.
                                                                    For the Commission
                                                                         The President
                                                                   François-Xavier ORTOLI
                                                  ANNEX
                                                                                      Metric tonnage
            Number of lot      Port of unloading       Minimum rate of unloading            cif
                 2
                  1       Cotonou
                          Apapa                     i Customs of the port                 3 000
                                                                                          2 000