CELEX: 31973R0438
Language: en
Date: 1973-02-16 00:00:00
Title: Regulation (EEC) No 438/73 of the Commission of 16 February 1973 opening an invitation to tender for the mobilization of grain sorghum and maize as food aid for the Republic of Mali

17. 2. 73                                   Official Journal of the European Communities                          No L 45/23
                                     REGULATION (EEC) No 438/73 OF THE COMMISSION
                                                         of 16 February 1973
               opening an invitation to tender for the mobilization of grain sorghum and maize as
                                                   food aid for the Republic of Mali
THE COMMISSION OF THE EUROPEAN                                         Whereas the Commission must be informed quickly
COMMUNITIES ,                                                          of the tenders submitted in response to the invita­
                                                                       tion and of those accepted by the intervention
Having regard to the Treaty establishing the Euro­
                                                                       agency ;
pean Economic Community ;
                                                                       Whereas the measures provided for in this Regula­
Having regard to Council Regulation No 120/                            tion are in accordance         with  the  Management
67/EEC (*) of 13 June 1967 on the common organi­                       Committee for Cereals ;
zation of the market in cereals, as last amended by
the Act ( 2 ) annexed to the Treaty ( 3 ) on the Acces­                 HAS ADOPTED THIS REGULATION :
sion of new Member States to the European
Economic Community and the European Atomic                                                     Article 1
Energy Community, signed at Brussels on 22
January 1972 ;                                                         1 . Tenders are hereby invited for the supply to
Having regard to Council Regulation (EEC ) No
                                                                       the Republic of Mali, by way of Community food
                                                                       aid action :
1693/72 (4 ) of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid,                     — of 4 000 metric tons of grain sorghum, and
and in particular Article 6 thereof ;
                                                                       — of 3 000 metric tons of maize .
Whereas on 23 May 1972 the Council of the Euro­
pean Communities declared that by way of Commu­                        2.    The tendering procedure shalll take place in
nity action it proposed to grant the Republic of                       France in 1 lot.
Mali 4 000 metric tons of grain sorghum and 3 000
metric tons of maize under its 1971 / 72 food aid                      The products shall be mobilized on the Community
programme ;
                                                                       market.
Whereas analysis of the state of the French cereals                    The products shall be loaded for departure from
market indicates that the criteria of Article 3 (3 ) of                Community ports .
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 free-at­
                                                                       frontier, not unloaded, to Ouangolodougou via
Whereas the proposed invitation to tender should be
                                                                       Abidjan .
for supply of the products delivered free-at-frontier,
not unloaded, to Ouangolodougou via Abidjan ;
                                                                       4.    The    successful  tenderer   shall deliver the
Whereas the award under the invitation to tender                       products specified in paragraph 1 in new jute sacks
must be made in favour of the tenderer offering the                    of a net capacity of 50 kilogrammes . The following
best terms ;                                                           shall be printed on the sacks :
Whereas, should force majeure make it impossible                       ' Sorgho — Don de la Communaute economique
to complete the operation in question within the set                   europeenne'.
time limits, it must be made clear who is to bear the
liability for any resulting costs ;                                    ' Mais — Don de la Communaute economique euro­
Whereas provision should be made for security to                       peenne'.
be given for the purpose of guaranteeing that the                                              Article 2
obligations arising by virtue of participation in the
invitation to tender for supplies to the Republic of                   1.    The decision on tenders received in response to
Mali will be fulfilled ;                                               the invitation provided for in Article 1 shall be
                                                                       taken on 5 March 1973 .
Whereas the intervention agency of the Member
State should, in any event, be made responsible for
the tendering procedure in question ;                                  2.    The closing date for submission of tenders
                                                                       shall be 5 March 1973 at 12 noon .
(J)  OJ  No   117, 19 . 6 . 1967, p . 2269/67.
(2 ) Of  No   L 73 , 27. 3 . 1972 , p. 14 .                            3.    The notice of invitation to tender shall be
 (3) OJ  No  L 73 , 27. 3 . 1972 , p. 5 .
(4)  Oj  No   L 178 , 5 . 8 . 1972 , p. 3 .                            published in the Official Journal of the European
 ---pagebreak--- No L 45 /24                        Official Journal of the European Communities                             17. 2. 73
Communities not dess ithan 10 days before the                 Maize :
closing date for submission of tenders.                       must be of fair and sound merchantable quality, be
                                                              free from odour, and correspond at least to the
                        Article 3                             standard quality for which the intervention price is
                                                              fixed.
 The contract shall be awarded to the tenderer who
makes the most favourable offer. However, if the              2. Tenders for supply to the Republic of Ma'li of
tenders submitted do not appear to correspond to              the products specified in Article 1 must relate to
normal market prices and cost, the intervention               products of the following characteristics :
agency may caned the invitation to tender.
                                                              Grain sorghum :
                        Article 4                             must be of fair and sound merchantable quality, be
1.    The successful tenderer shall give security of a        free from odour, with a moisture content not
value of 5 units of account per metric ton of the             exceeding 14 %>.
product ; the security is intended to guarantee that          Maize :
the operations specified in Article 1 are duly
 completed. The security shall be forfeit if those oper­      must be of fair and sound merchantable quality, be
ations are not carried out within the prescribed time         free from odour, and correspond at least to the
limit, save as regards quantities not delivered owing         standard quality for which the intervention price is
to force majeure.                                             fixed.
                                                                                      Article 6
2. The security provided for in paragraph 1 may
be given in the form of a cash deposit or of a                1 . The French intervention agency shall be respon­
guarantee issued by a credit institution conforming           sible for the operations relating to the invitation to
to the criteria laid down by the Member State.                tender provided for by this Regulation.
                        Article 5
                                                              2.    It shall forthwith communicate to the Commis­
                                                              sion the list of firms which have responded to the
1.    The products specified in Article 1 to be               invitation to tender, specifying the terms of each
supplied for human consumption to the Republic of             tender, together with the name and business name
Mali must meet the following requirements :                   of the successful tenderer.
Grain sorghum :                                                                       Article 7
must be of fair and sound merchantable quality, be            This Regulation sha'1'1 enter into force on the day of
free from odour, with a moisture content not                  its publication in the Official Journal of the
exceeding 14 %.                                               European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 16 February 1973 .
                                                                        For the Commission
                                                                            The President
                                                                      Francois-Xavier ORTOLI