CELEX: 31974R3151
Language: en
Date: 1974-12-13
Title: 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

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
 Having regard to the Treaty establishing the European             and of those accepted by the intervention agency ;
 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);
 Having regard to Council Regulation (EEC) No                      HAS ADOPTED THIS REGULATION :
 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
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 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,
 ---pagebreak--- No L 334/22                         Official Journal of the European Communities                             14. 12. 74
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
goods ; the purpose of such security is to guarantee           collecting the tenders, and if the product is dispatched
performance of the operations specified in Article 1 .         through a frontier post of the Member State where the
                                                               successful tenderer is established, the intervention
The security shall be forfeit if those operations are not
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.
                                                               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.
                         ArtHe 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
14% .
                                                               (b) the date of departure of the vessels ;
                                                               (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.
                         Article 6                                                       Article 7
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
for by this Regulation .                                       Communities.
              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                                                                 Metric tonnage
                                     Port of unloading       Minimum rate of unloading             cif
                       1        Cotonou or
                                Apapa                      j Customs ofthe port                5 000