CELEX: 31974R2652
Language: en
Date: 1974-10-18 00:00:00
Title: Regulation (EEC) No 2652/74 of the Commission of 18 October 1974 opening an invitation to tender for the mobilization of grain sorghum as food aid for the Republic of Niger

9.  0 . 74                           Official Journal of the European Communities                        No L 283/37
                             REGULATION (EEC) No 2652/74 OF THE COMMISSION
                                                      of 18 October 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 measures provided for in this Regulation
COMMUNITIES,                                                       are in accordance with the Opinion of the Manage­
                                                                   ment Committee 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 (') of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­
                                                                                          Article 1
lation (EEC) No 1 996/74 (2) ;
Having regard to Council Regulation (EEC) No                       1.    Tenders are hereby invited for the supply to the
 1 693/72 (3) of 3 August 1972 laying down the condi­              Republic of Niger by way of Community food-aid
tions for the mobilization of cereals as food aid, and             action of 5 000 metric tons of grain sorghum .
in particular Article 6 thereof ;
                                                                   2. The tendering procedure shall take place in
Whereas on 21 March 1974 the Council of the Euro­                  France in two lots. The product shall be mobilized on
pean Communities declared that by way of Commu­                    the Community market. The product shall be loaded
nity action it proposed to grant the Republic of Niger             for departure from a Community port.
5 000 metric tons of grain sorghum 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               at the moment when the goods are actually placed on
tion (EEC) No 1693/72 the goods may be purchased                   the dock at the port listed in the Annex.
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 ;
                                                                  'Sorgho — 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
                                                                  on .5 November 1974 .
liability for any resulting costs ;
Whereas provisions should be made for security to be               2.    The closing date for submission of tenders shall
                                                                  be 5 November 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
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 283 /38                        Official Journal of the European Communities                             19 . 10 . 74
                         Article 4                             tation to tender, specifying the terms of each tender,
                                                               together with the name and business name of the
1 . The successful tenderer shall give security in an          successful tenderer.
amount of five units of account per metric ton of
goods ; the purpose of such security is to guarantee           3.     On the other hand, if the successful tenderer is
performance of the operations specified in Article 1 .         established in a Member State other than the one
The security shall be forfeit if those operations are not      collecting the tenders, and if the product is dispatched
carried out within the time stipulated, save as regards        through a frontier post of the Member State where the
quantities not delivered for reasons of force majeure.         successful tenderer is established, the intervention
                                                               agency of the latter Member State shall be responsible
2. The security referred to in paragraph 1 may be              for the operations relating to the tendering.
given in the form of a cash deposit or of a guarantee
issued by a credit institution conforming to the               In this case, the intervention agency choosing the
criteria laid down by the Member State .                       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 product referred to in Article 1 which is to           4. The intervention agency shall request the
be supplied for human consumption to Niger must be             successful tenderer to supply the following informa­
of fair and sound merchantable quality, be free from           tion :
odour, and with a moisture content not exceeding
14 % .                                                         (a) after each shipment a certificate showing the quan­
                                                                    tities dispatched and the quality of the products ;
2. Tenders for supply to Niger of the product speci­           (b) the date of departure of the vessels ;
fied in Article 1 must relate to grain sorghum of fair         (c) all possible contingencies which might occur
and sound merchantable quality, free from odour, and                during transportation of the products.
with a moisture content not exceeding 14 % .
                                                               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                                    Article 7
for by this Regulation .
                                                               This Regulation shall enter into force on the day of its
2.     It shall forthwith communicate to the Commis­            publication in the Official Journal of the European
sion the list of firms which have responded to the invi­        Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
                Done at Brussels, 18 October 1974 .
                                                                           For the Commission
                                                                               The President
                                                                          François-Xavier ORTOLI
                                                         ANNEX
                                                                                              Metric tonnage
                Number of lot        Port of unloading       Minimum rate of unloading              cif
                       1         Cotonou                   i                                      3 750
                      2          Apapa                     ^ Customs of the port                  1 250