CELEX: 31974R0605
Language: en
Date: 1974-03-15 00:00:00
Title: Regulation (EEC) No 605/74 of the Commission of 15 March 1974 opening an invitation to tender for the mobilization of maize as food aid for Senegal

No L 73 / 22                              Official Journal of the European Communities                             16 . 3 . 74
                              REGULATION ( EEC) No 605 /74 OF THE COMMISSION
                                                         of 15 March 1974
               opening an invitation to tender for the mobilization of maize as food aid for
                                                              Senegal
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
lation (EEC) No 1 346/73 (2) ;                                                               Article 1
Having regard to Council Regulation (EEC) No                         1 . Tenders are hereby invited for the supply to
1693 /72 (3 ) of 3 August 1972 laying down the condi­                Senegal by way of Community food aid action of
tions for the mobilization of cereals as food aid, and               1 5 000 metric tons of maize .
in particular Article 6 thereof ;
Whereas on 28 December 1973 the Council of the                       2 . The tendering      procedure shall take place in
European Communities declared that by way of                         France in three lots . The product shall be mobilized
Community action it proposed to grant the countries                  on the Community        market. The product shall be
of the Sahel and Ethiopia 130 000 metric tons of                     loaded for departure   from a Community port.
cereals under its 1973/74 food aid programme ;
                                                                     3 . The invitation to tender provided for in para­
Whereas analysis of the state of the Community                       graph 1 is for supply of products delivered cif, that is
cereals market indicates that the criteria of Article 3              at the moment when the goods are actually placed on
(3) of Council Regulation ( EEC) No 1693/72 should                   the dock at the port listed in the Annex.
be applied, according to which the products must be
purchased 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                  capacity of 50 kilogrammes . The following shall be
for supply of the products delivered cif, that is at the             printed on the sacks :
moment when the goods are actually placed on the
dock at the port of unloading ;                                       Mais — Don de la Communauté économique euro­
                                                                     péenne — Distribution gratuite .'
Whereas the award under the invitation to tender
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                    the invitation provided for in Article 1 shall be taken
 time limits , it should be made clear who is to bear the            on 29 March 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 29 March 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 Senegal will be fulfilled ;          published in the Official Journal of the European
                                                                      Communities not less than nine days before the
Whereas the intervention agency of France should be
                                                                     closing date for submission of tenders .
 made responsible for the tendering procedure in
 question ;
                                                                                              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.
 (2) OJ No L 141 , 28 . 5 . 1973 , p. 8 .                             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--- 16 . 3 . 74                         Official Journal of the European Communities                             No L 73 /23
                         Article 4                             2.      It shall forthwith communicate to the Commis­
                                                               sion the list of firms which have responded to the invi­
1 . The successful tenderer shall give security in an          tation to tender, specifying the terms of each tender,
amount of five units of account per metric ton of              together with the name and business name of the
goods ; the purpose of such security is to guarantee           successful tenderer.
performance of the operations specified in Article 1 .
The security shall be forfeit if those operations are not
carried out within the time stipulated , save as regards       3 . The intervention agency shall request the
quantities not delivered for reasons of force majeure.         successful tenderer to supply the following informa­
                                                               tion :
2 . The security referred to in paragraph 1 may be
given in the form of a cash deposit or of a guarantee
issued by a credit institution conforming to the               (a) after each shipment, a certificate showing the quan­
criteria laid down by the Member State . ,                          tities dispatched, the quality of the products and
                                                                   their packaging ;
                          Article 5                            (b) the date of the departure of the ships, the expected
                                                                    date of arrival of the products at their destination ;
1 . The product referred to in Article 1 which is to
be supplied for human consumption to Senegal must              (c) all possible contingencies which might occur
be of fair and sound merchantable quality, be free                  during transportation of the products.
from odour, and correspond at least to the standard
quality for which the intervention price is fixed.
                                                               The information indicated above shall be forwarded
2. Tenders for supply to Senegal of the product                by the intervention agency to the Commission imme­
specified in Article 1 must relate to maize of fair and        diately upon receipt.
sound merchantable quality, free from odour, and
correspond at least to the standard quality for which
the intervention price is fixed .
                                                                                          Article 7
                          Article 6
 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 , 15 March 1974.
                                                                           For the Commission
                                                                               The President
                                                                          François-Xavier ORTOLI
                                                        ANNEX
               Number of lot         Port of unloading       Minimum rate of unloading         Tonnage cif
                    1         )                                                            5 000 metric tons
                    2         >           Dakar                Customs of the port         5 000 metric tons
                    3         )                                                            5 000 metric tons