CELEX: 31973R2250
Language: en
Date: 1973-08-17 00:00:00
Title: Regulation (EEC) No 2250/73 of the Commission of 17 August 1973 opening an invitation to tender for the mobilization of maize as food for the countries of the Sahel

No L 230/ 18                           Official Journal of the European Communities                             18 . 8 . 73
                           REGULATION (EEC) No 2250/73 OF THE COMMISSION
                                                     of 17 August 1973
              opening an invitation to tender for the mobilization of maize as food aid for the
                                                   countries of the Sahel
THE COMMISSION OF THE EUROPEAN                                   Whereas the measures provided for in this Regulation
COMMUNITIES,                                                      are in accordance with Opinion of the Management
                                                                  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 (1 ) of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 1346/73 (2);
                                                                                         Article 1
Having regard to Council Regulation (EEC) No
1693/72 (3) of 3 August 1972 laying down the condi­               1 . Tenders are hereby invited for the supply to the
tions for the mobilization of cereals as food aid, and
                                                                  countries of the Sahel by way of Community food aid
in particular Article 6 thereof ;                                 action of 1 2 400 tons of maize distributed as follows :
Whereas on 14 May and 25 June 1973 the Council of
the European Communities declared that by way of                  Republic of Upper Volta : 4 900 tons of maize (lot
Community action it proposed to grant the countries               No 1 ).
of the Sahel 58 400 metric tons of maize under its                Republic of Mali : 5 000 tons of maize (lot No 2).
1972/73 food aid programme ;                                      Republic of Niger : 2 500 tons of maize (lot No 3).
Whereas analysis of the state of the Community
cereals market indicates that the criteria of Article 3           2. The tendering       procedure shall take place in
(3) of Council Regulation (EEC) No 1693/72 should                 France in three lots. The products shall be mobilized
be applied, and that the products should be purchased             on the Community       market. The products shall be
on the Community market ;                                         loaded for departure  from a Community port.
Whereas the proposed invitation to tender should be               3 . The invitation to tender provided for in para­
for supply of the products delivered cif ; that is at the         graph 1 is for supply of products delivered cif, that is
moment when the goods are actually removed from                   at the moment when the goods are actually removed
the ship's hold at the port of unloading ;                        from the ship's hold at the port of unloading as listed
Whereas the award under the invitation to tender                  in the Annex.
must be made in favour of the tenderer offering the
best terms ;                                                      4. The successful tenderer shall deliver the product
                                                                  specified in paragraph 1 in new jute sacks of a net
Whereas, should force majeure make it impossible to               capacity of 50 kilogrammes. The following shall be
complete the operation in question within the set                 printed on the sacks :
time limits, it should be made clear who is to bear the
liability for any resulting costs ;                               'Mais — Don de la Communaute economique euro­
                                                                  peenne — Distribution gratuite.'
Whereas provisions should be made for security to be
given for the purpose of guaranteeing that the obliga­
tions arising by virtue of participation in the invita­                                   Article 2
tion to tender for supplies to the countries of the
Sahel will be fulfilled ;
                                                                   1 . The decision on tenders received in response to
Whereas the intervention agency of France should, in              the invitation provided for in Article 1 shall be taken
any event, be made responsible for the tendering                  on 31 August 1973 .
procedure in question ;
                                                                  2. The closing date for submission of tenders shall
Whereas the Commission must be informed quickly
                                                                  be 31 August 1973 at 12 noon .
of the tenders submitted in response to the invitation
and of those accepted by the intervention agency ;                3.    The   notice  of invitation to   tender shall    be
0 ) OJ No 117, 19 . 6. 1967, p. 2269/ 67 .                        published in the Official Journal of the European
(2) OJ No L 141 , 28 . 5. 1973, p. 8 .                            Communities not later than three days before the
(3) OJ No L 178, 5. 8 . 1972, p. 3 .                              closing date for submission of tenders.
 ---pagebreak--- 18 . 8 . 73                        Official Journal of the European Communities                          No L 230/ 19
                        Article 3                             products of maize having the following characteris­
                                                              tics :
The contract shall be awarded to the tenderer who
                                                              Maize :
makes the highest offer. However, if the tenders
submitted do not appear to correspond to normal               — to be of fair and sound merchantable quality, be
market prices and costs, the intervention may cancel               free from odour, and correspond at least to the
the invitation to tender.                                          standard quality for which the intervention price is
                                                                   fixed .
                        Article 4
                                                                                        Article 6
1 . The successful tenderer shall given security of a
value of 5 units of account per metric ton of maize ;         1 . The French intervention agency shall be respon­
the security is intended to guarantee that the opera­         sible for the operations relating to the invitation to
tions specified in Article 1 are duly completed. The          tender provided for by this Regulation .
security shall be forfeit if those operations are not
                                                              2.     It shall forthwith communicate to the Commis­
carried out within the prescribed time limit, save as
regards quantities not delivered owing to force               sion the list of firms which have responded to the invi­
majeure.                                                      tation to tender, specifying the terms of each tender,
                                                              together with the name and business name of the
2. The security provided for in paragraph 1 may be            successful tenderer.
given in form of a cash desposit or of a guarantee
issued by a credit institution conforming to the              3 . The intervention agency shall ask that the
criteria laid down by the Member State.                       tenderer specifies the following information :
                                                              (a) after each shipment, a statement giving details of
                         Article 5                                 the quantities loaded, the quality of the products
                                                                   and their packaging ;
 1 . The products specified in Article 1 to be
supplied for human consumption to the countries of            (b) the date of the departure of the ships, the expected
the Sahel :                                                        date of arrival of the products at their destination ;
Maize :
                                                              (c) all possible contingencies which might occur
                                                                   during transportation of the products.
— to be of fair and sound merchantable quality, be
     free from odour, and correspond at least to the          The intervention agency shall transmit, the informa­
     standard quality for which the intervention price is      tion provided for to the Commission as soon as it is
     fixed .                                                   received .
 If the products provided for in Article 1 do not corres­
 pond to the above characteristics, they shall be refused                               Article 7
 and shall be returned to the tenderer.
                                                              This Regulation shall enter into force on the day of its
 2. Tenders for supply to the countries of the Sahel           publication in the Official Journal of the European
 of the products specified in Article 1 must relate to         Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Dona at Brussels, 17 August 1973 .
                                                                           For the Commission
                                                                              The President
                                                                        François-Xavier ORTOLI
 ---pagebreak--- No L 230/20                  Official Journal of the European Communities                18 . 8 . 73
                                                 ANNEX
   Number of lot       Port of unloading                Minimum rate of unloading Tonnage cif
        1        Tema                                                               4 900 1
        2        Abidjan                           Customs of the port              5 000 t
        3        Cotonou                                                            2 500 t