CELEX: 31973R1536
Language: en
Date: 1973-06-08 00:00:00
Title: Regulation (EEC) No 1536/73 of the Commission of 8 June 1973 opening an invitation to tender for the mobilization of maize as food aid for the Republic of Senegal

No L 154/20                           Official Journal of the European Communities                             9 . 6. 73
                                REGULATION (EEC) No 1536/73 OF THE COMMISSION
                                                        of 8 June 1973
               opening an invitation to tender for the mobilization of maize as food aid for the
                                                      Republic of Senegal
 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
 Hasving regard to the Treaty establishing the Euro­               agency ;
 pean Economic Community ;
Having regard to Council Regulation No 120/                        Whereas the measures provided for in this Regula­
 67/EEC (*) of 13 June 1967 on the common organi­                  tion are in accordance with the Opinion of the
 zation of the market in cereals, as last amended by               Management Committee for Cereals ;
 Regulation (EEC) No 1346/73 (2) ;
Having regard to Council Regulation (EEC) No                       HAS ADOPTED THIS REGULATION :
 1693/72 (3) of 3 August 1972 laying down the condi­
 tions for the mobilization of cereals as food aid,                                       Article 1
 and in particular Article 6 thereof ;
Whereas on 12 March 1973 the Council of the Euro­                  1.    Tenders are hereby invited for the supply to
                                                                   the Republic of Senegal, by way of Community
pean Communities declared that by way of Commu­                   food aid action :
nity action it proposed to grant the Republic of
Senegal 5 000 metric tons of maize under its                      — of 5 000 metric tons of maize .
 1972/73 food-aid programme ;
                                                                  2. The tendering procedure shall take place in
Whereas analysis of the state of the Community                     France in one lot. The product shall be mobilized on
cereals market indicates that the criteria of Article 3
                                                                  the Community market. The product shall be
 (3 ) of Council Regulation (EEC) No 1693/72 should                loaded for departure from a Community port.
be applied, and that the products should be
 purchased on the Community market ;
                                                                  3 . The invitation to tender provided for in para­
Whereas the proposed invitation to tender should                  graph 1 is for supply of products delivered cif, that
be for supply of the products delivered cif ; that is              is at the moment when the goods are actually
at the moment when the goods are actually                          removed from the ship's hold at the port of un­
 removed from the ship 's hold at the port of un­                  loading.
 loading ;                                                        The recipient country shall bear all costs subsequent
Whereas the award under the invitation to tender                  to delivery of the igoods, including unloading costs
must be made in favour of the tenderer offering the                ( such as unloading, hoisting and reception) and any
best terms ;                                                      lighterage costs.
Whereas, should force majeure make it impossible                  Any demurrage costs or dispatch money at the port
to complete the operation in question within the set              of unloading shall be a charge on, or for the benefit
time-limits, it must be made clear who is to bear                 of, the recipient country. The rates and detailed
the liability for any resulting costs ;                           arrangements relating thereto laid down in the
                                                                  contract between the authorized agent of the
Whereas provisions should be made for security to                 Community referred to in Article 5 and the carrier,
be given for the purpose of guaranteeing that the                 must have been agreed upon in advance by the auth­
obligations arising by virtue of participation in the             orized agent and the receiving agent of the recipient
invitation to tender for supplies to the Republic of              country referred to in Article 5 .
Senegal will be fulfilled ;
                                                                  4.     The   successful  tenderer  shall  deliver    the
Whereas the intervention agency of France should,
in any event, be made responsible for the tendering               product specified in paragraph 1 in new jute sacks
procedure in question ;                                           of a net capacity of 50 kilogrammes. The following
                                                                  shall be printed on the sacks :
(^ OJ No 117, 19 . 6. 1967, p . 2269/67.
H OJ No L 141 , 28 . 5 . 1973 , p . 8 .                           'Mais — Don de la Communauté économique euro­
(3) Oj No L 178 , 5 . 8 . 1972, p. 3 .                            péenne'.
 ---pagebreak---  9 . 6. 73                            Official Journal of the European Communities                            No L 154/21
                         Article 2                                guarantee issued by a credit institution conforming to
                                                                  the criteria laid down by the Member State.
 1.     The decision on tenders received in response
 to the invitation provided for in Article 1 shall be                                         Article 5
 taken on 14 June 1973 .
                                                                  1.    The products specified in Article 1 to be
 2. The closing date for submission of tenders                    supplied for human consumption to the Republic of
 shall 'be 14 June 1973 at 12 noon .                             Senegal must be of fair and sound merchantable
 3.     The notice of invitation to tender shall be
                                                                 quality, be free from odour, and correspond at least
                                                                 to the standard quality for which the intervention
 published in the Official Journal of the European               price is fixed.
 Communities the day before the closing date for
 submission of tenders .                                         2. Tenders for supply to the Republic of Senegal
                                                                 of the products specified in Article 1 must relate to
                         Article 3                               products of maize of fair and sound merchantable
                                                                 quality, free from odour, and correspond at least to
 The contract shall! be awarded to the tenderer who              the standard quality for which the intervention
makes the most favourable offer. However, if the                 price is fixed .
tenders submitted do not appear to correspond to                                              Article 6
normal market prices and costs, the intervention
 agency may cancel the invitation to tender.                     1.     The French intervention agency shall be
                                                                 responsible for the operations relating to the invita­
                         Article 4                               tion to tender provided for by this Regulation .
1.     The successful tenderer shall give security of a          2.     It shall forthwith communicate to the Commis­
value of 5 units of account per metric ton of the                sion the list of firms which have responded to the
product ; the secruity is intended to guarantee that            invitation to tender, specifying the terms of each
the operations specified in Article 1 are duly                    tender, together with the name and business name
                                                                 of the successful tenderer.
completed. The security shall be forfeit if those oper­
ations are not carried out within the prescribed time­
limit, save as regards quantities not delivered                                               Article 7
owing to force majeure.
                                                                 This Regulation shall enter into force on the day of
2. The security provided for in paragraph 1 may                  its publication in the Official Journal of the Euro­
 be given in the form of a cash deposit or of a                  pean Communities.
               This regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 8 June 1973 .
                                                                           For the Commission
                                                                               The President
                                                                          François-Xavier ORTOLI
                                                         ANNEX
     Number of lot                 Port of unloading                Minimum rate of unloading           Tonnage cif
           1             Dakar                               Customs of the port                         5 000 t