CELEX: 31973R2721
Language: en
Date: 1973-10-05 00:00:00
Title: Regulation (EEC) No 2721/73 of the Commission of 5 October 1973 opening an invitation to tender for the mobilization of common wheat as food aid for the Islamic Republic of Pakistan

6. 10. 73                                Official Journal of the European Communities                         No L 280/ 13
                              REGULATION (EEC) No 2721 /73 OF THE COMMISSION
                                                       of 5 October 1973
               opening an invitation to tender for the mobilization of common wheat as food
                                          aid for the Islamic Republic of Pakistan
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/
67/EEC (') of 13 June 1967 on the common organiza­                  HAS ADOPTED THIS REGULATION :
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 1346/73 (2) ;
Having regard to Council Regulation (EEC) No                                                Article 1
 1 693/72 (3) of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid, and              1 . Tenders are hereby invited for the supply to the
in particular Article 6 thereof ;                                   Islamic Republic of Pakistan by way of Community
                                                                   food aid action :
Whereas on 4 October 1973 the Council of the Euro­
pean Communities declared that by way of Commu­                    — of 20 000 metric tons of common wheat.
nity action it proposed to grant the Islamic Republic
of Pakistan 20 000 metric tons of common wheat
under its 1972/73 food aid programme ;                             2. The tendering procedure shall take place in
                                                                    France in two lots. The product shall be mobilized on
Whereas analysis of the state of the Community                     the Community market. The products shall be loaded
cereals market indicates that the criteria of Article 3            for departure from a Community port.
(3) of Council Regulation (EEC) No 1693/72 should
be applied, and that the products should be purchased              3 . The invitation to tender provided for in para­
on the Community market ;                                          graph 1 is for supply of products delivered cif, that is
Whereas the proposed invitation to tender should be                at the moment when the goods are actually removed
for supply of the products delivered cif ; that is at the          from the ship's hold at the port of unloading.
moment when the goods are actually removed from
the ship's hold at the port of unloading ;                         The recipient country shall bear all costs subsequent
                                                                   to delivery of the goods, including unloading costs
Whereas the award under the invitation to tender
                                                                   (such as unstowing, hoisting and reception) and any
must be made in favour of the tenderer offering the                lighterage costs.
best terms ;
Whereas, should force majeure make it impossible to
complete the operation in question within the set                  Any demurrage costs or dispatch money at the port of
time-limit, it must be made clear who is to bear the               unloading shall be a charge on or for the benefit of
liability for any resulting costs ;                                the recipient country. The rates and detailed arrange­
                                                                    ments relating thereto laid down in the contract
Whereas provision should be made for security to be                between the authorized agent of the Community
given for the purpose of guaranteeing that the obliga­              referred to in Article 5 and the carrier must have been
tions arising by virtue of participation in the invita­            agreed upon in advance by the authorized agent and
tion to tender for supplies to the Islamic Republic of             the receiving agent of the recipient country referred to
Pakistan will be fulfilled ;                                        in Article 5 .
Whereas the French intervention agency should, in
any event, be made responsible for the tendering
                                                                                            Article 2
procedure in question ;
Whereas the Commission must be informed quickly                     1.    The decision on tenders received in response to
of the tenders submitted in response to the invitation             the invitation provided for in Article 1 shall be taken
and of those accepted by the intervention agency ;                 on 17 October 1973 .
(') OJ No 117, 19 . 6 . 1967, p . 2269/67 .
I2) OJ No L 141 , 28. 5. 1973, p. 8 .                               2.    The closing date for submission ot tenders shall
(3 ) OJ No L 178 , .5 . 8 . 1972, p. 3 .                           be 17 October 1973 at 12 noon .
 ---pagebreak--- No L 280/ 14                        Official Journal of the European Communities                               6 . 10 . 73
3.    The    notice   of invitation  to  tender  shall be      merchantable quality, free from odour, and corres­
published in the Official Journal of the European              pond at least to the standard quality for which the
Communities six days before the closing date for              intervention price is fixed, except that the humidity
submission of tenders .                                       shall not exceed 15-5% and that a maximum toler­
                                                               ance of 3 % of sprouted grains and 1 % of miscel­
                         Article 3                             laneous impurities shall be allowed.
The contract shall be awarded to the tenderer who              If the products specified in Article 1 do not meet the
makes the most favourable offer. However, if the               foregoing requirements they shall be rejected and the
                                                               successful tenderer shall be owner thereof.
tenders submitted do not appear to correspond to
normal market prices and costs, the intervention
agency may cancel the invitation to tender.                                               Article 6
                                                               1 . The French intervention agency shall be respon­
                         Article 4
                                                               sible for the operations relating to the invitation to
1 . The successful tenderer shall give security of a           tender provided for by this Regulation .
value of five units of account per metric ton of the           2.      It shall forthwith communicate to the Commis­
product ; the security is intended to guarantee that the       sion the list of firms which have responded to the invi­
operations specified in Article 1 are duly completed.          tation to tender, specifying the terms of each tender,
The security shall be forfeit if those operations are not      together with the name and business name of the
carried out within the prescribed time-limit, save as          successful tenderer.
regards quantities not delivered owing to force
majeure.                                                       3 . The intervention agency shall request the
                                                               successful tenderer to supply the following informa­
2. The security provided for in paragraph 1 may be             tion :
given in 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
                                                                    the type of packing ;
                         Article 5                             (b) the date of departure of the ships, the estimated
                                                                    date of the arrival of the products at their destina­
 1 . The products specified in Article 1 to be                      tion ;
supplied for human consumption to the Islamic                  (c) incidents likely to occur during transport of the
Republic of Pakistan must be of fair and sound                      products.
merchantable quality, be free from odour, and corres­
pond at least to the standard quality for which the            The information indicated above shall be forwarded
intervention price is fixed, except that the humidity          by the intervention agency to the Commission imme­
shall not exceed 1 5-5 % and that a maximum toler­             diately upon receipt.
ance of 3 % of sprouted grains and 1 % of miscel­
laneous impurities shall be allowed .                                                     Article 7
2. Tenders for supply to the Islamic Republic of               This Regulation shall enter into force on the day of its
Pakistan of the products specified in Article 1 must           publication in the Official Journal of the European
relate to products of common wheat of fair and sound            Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels , 5 October 1973 .
                                                                           For the Commission
                                                                               The President
                                                                          Francois-Xavier ORTOLI
 ---pagebreak--- 6. 10. 73                  Official Journal of the European Communities                 No L 280/ 15
                                               ANNEX
          Number of lot   Port of unloading       Minimum rate of unloading Tonnage cif
               1
               2        j     Karachi              Customs of the port
                                                                              10 000
                                                                              10000