CELEX: 31973R3189
Language: en
Date: 1973-11-23 00:00:00
Title: Regulation (EEC) No 3189/73 of the Commission of 23 November 1973 opening an invitation to tender for the mobilization of common wheat as food aid for the Arabian Republic of Yemen

24. 11 . 73                           Official Journal of the European Communities                        No L 323/23
                           REGULATION (EEC) No 3189/73 OF THE COMMISSION
                                                   of 23 November 1973
               opening an invitation to tender for the mobilization of common wheat as food
                                       aid for the Arabian Republic of Yemen
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 (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
 1 693/72 (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          Arabian Republic of Yemen by way of Community
in particular Article 6 thereof ;                                food aid action :
Whereas on 23 May 1973 the Council of the Euro­                 — of 4 000 metric tons of common wheat.
pean Communities declared that by way of Commu­
nity action it proposed to grant the Arabian Republic            2. The tendering procedure shall take place in
of Yemen 4 000 metric tons of common wheat under                 France in one lot. The product shall be mobilized on
its 1971 /72 food aid programme ;                                the Community market. The products shall be loaded
                                                                 for departure from a Community port.
Whereas analysis of the state of the Community
cereals market indicates that the criteria of Article
                                                                 3 . The invitation to tender provided for in para­
3(3) of Council Regulation (EEC) No 1693/72 should              graph 1 is for supply of products delivered cif, that is
be applied, and that the products should be purchased            at the moment when the goods are actually removed
on the Community market ;                                        from the ship's hold in bulk at the port of unloading.
Whereas the proposed invitation to tender should be
for supply of the products delivered cif ; that is at the       The recipient country shall bear all costs subsequent
moment when the goods are actually ' removed from                to delivery of the goods, including unloading costs
the ship's hold at the port of unloading ;                      (such as unstowing, hoisting and reception) and any
                                                                 lighterage costs.
Whereas the award under the invitation to tender
must be made in favour of the tenderer offering the             Any demurrage costs or dispatch money at the port of
best terms ;                                                     unloading shall be a charge on or for the benefit of
Whereas, should force majeure make it impossible to              the recipient country. The rates and detailed arrange­
complete the operation in question within the set                ments relating thereto laid down in the contract
time limit, it must be made clear who is to bear the             between the authorized agent of the Community and
liability for any resulting costs ;                              the carrier must have been agreed upon in advance by
                                                                 the authorized agent and the receiving agent of the
Whereas provision should be made for security to be              recipient country.
given for the purpose of guaranteeing that the obliga­
tions arising by virtue of participation in the invita­
tion to tender for supplies to the Arabian Republic of                                  Article 2
Yemen will be fulfilled ;
                                                                 1 . The decision on tenders received in response to
Whereas the French intervention agency should, in                the invitation provided for in Article 1 shall be taken
any event, be made responsible for the tendering                 on 7 December 1973 .
procedure in question ;
Whereas the Commission must be informed quickly                  2.    The closing date for submission of tenders shall
                                                                 be 7 December 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
(!) 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 ten days before the closing date for
(>) OJ No L 178, 5. 8. 1972, p. 3.                               submission of tenders.
 ---pagebreak--- No L 323/24                         Official Journal of the European Communities                             24. 11 . 73
                        Article 3                              pond at least to the standard quality for which the
The contract shall be awarded to the tenderer who
                                                              intervention price is fixed, except that the humidity
                                                              shall not exceed 1 5.5 % and that a maximum toler­
makes the most favourable offer. However, if the
                                                              ance of 3 % of sprouted grains and 1 % of miscel­
tenders submitted do not appear to correspond to              laneous impurities shall be allowed.
normal market prices and costs, the intervention
agency may cancel the invitation to tender.
                                                                                         Article 6
                        Article 4                              1 . The French intervention agency shall be respon­
                                                              sible for the operations relating to the invitation to
1 . The successful tenderer shall give security of a
value of five units of account per metric ton of the
                                                              tender provided for by this Regulation.
product ; the security is intended to guarantee that the      2.      It shall forthwith communicate to the Commis­
operations specified in Article 1 are duly completed.         sion the list of firms which have responded to the invi­
The security shall be forfeit if those operations are not     tation to tender, specifying the terms of each tender,
carried out within the prescribed time limit, save as
                                                              together with the name and business name of the
                                                              successful tenderer.
regard quantities not delivered owing to force majeure.
2. The security provided for in paragraph 1 may be            3 . The intervention agency shall request the
given in form of a cash deposit or of a guarantee             successful tenderer to supply the following informa­
                                                              tion :
issued by a credit institution conforming to the
criteria laid down by the Member State.                       (a) after each shipment, a certificate showing the quan­
                                                                   tities dispatched, the quality of the products and
                        Article 5                                  the type of packing ;
1 . The products specified in Article 1 to be                 (b) the date of departure of the ships, the estimated
supplied for human consumption to the Arabian                      date of arrival of the products at their destination ;
Republic of Yemen must be of fair and sound                   (c) incidents likely to occur during transport of the
merchantable quality, be free from odour, and corres­              products.
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
shall not exceed 1 5.5 % and that a maximum toler­            by the intervention agency to the Commission imme­
ance of 3 % of sprouted grains and 1 % of miscel­             diately upon receipt.
laneous impurities shall be allowed.
                                                                                         Article 7
2. Tenders for supply to the Arabian Republic of
Yemen of the products specified in Article 1 must             This Regulation shall enter into force on the day of its
relate to products of common wheat of fair and sound          publication in the Official Journal of the European
merchantable quality, free from odour, and corres              Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 23 November 1973 .
                                                                          For the Commission
                                                                              The President
                                                                         François-Xavier ORTOLI
 ---pagebreak--- 24. 11 . 73               Official Journal of the European Communities                         No L 323 /25
                                              ANNEX
            Number of lot   Port of unloading      Minimum rate of unloading     Tonnage cif
                 1             Hodeidah             Customs of the port      4 000 metric tons