CELEX: 31974R0289
Language: en
Date: 1974-02-01 00:00:00
Title: Regulation (EEC) No 289/74 of the Commission of 1 February 1974 opening an invitation to tender for the mobilization of grain sorghum, maize and common wheat as food aid for the countries of the Sahel and Ethiopia

No L 29/20                             Official Journal of the European Communities                                2. 2. 74
                             REGULATION (EEC) No 289/74 OF THE COMMISSION
                                                     of 1 February 1974
               opening an invitation to tender for the mobilization of grain sorghum, maize
                and common wheat as food aid for the countries of the Sahel and Ethiopia
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 ( J ) 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);
                                                                                          Article 1
Having regard to Council Regulation (EEC) No
1 693/72 (3) pf 3 August 1972 laying down the condi­
tions for the friobilization of cereals as food aid, and          1 . Tenders are hereby invited for the supply to Ethi­
in particular Article 6 thereof ;                                 opia, Mali, Mauritania and Niger by way of Commu­
                                                                  nity food aid action of 21 800 metric tons of maize,
Whereas on 28 December 1973 the Council of the                    9 000 metric tons of common wheat and 4 8000
European Communities declared that by way of                      metric tons of grain sorghum, divided as follows :
Community action it proposed to grant the countries
of the Sahel and Ethiopia 130 000 metric tons of                      Empire of Ethiopia :
cereals under its 1973/74 food aid programme ;                        5 000 metric tons of wheat          (lot No 1 )
Whereas analysis of the state of the Community                        2 500 metric tons of maize           (lot No 2)
cereals market indicates that the criteria of Article 3               2 500 metric tons of maize          (lot No 3)
(3) of Council Regulation (EEC) No 1693/72 should                      Islamic Republic of Mauritania
be applied, according to which the products must be
                                                                      4 000 metric tons of wheat           (lot No 4)
purchased on the Community market ;
Whereas the proposed invitation to tender should be                    Republic of Mali :
for supply of the products delivered unloaded or                      4 000 metric tons of maize           (lot No 5)
loaded at the delivery centres or cif port of unloading,              4 000 metric tons of maize           (lot No 6)
that is at the moment when the goods are actually                      3 000 metric tons of maize          (lot No 7)
removed from the ship's hold ;                                         Republic of Niger :
Whereas the award under the invitation to tender
                                                                       2 800 metric tons of sorghum        (lot  No    8)
 must be made in favour of the tenderer offering the                   2 300 metric tons of maize          (lot  No   9)
best terms ;                                                           2 000 metric tons of sorghum        (lot  No 10)
                                                                       3 500 metric tons of maize           (lot No  1 1 ).
Whereas, should force majeure make it impossible to
 complete the operation in question within the set
 time-limits, it should be made clear who is to bear the           2.    The tendering procedure shall take place in
 liability for any resulting costs ;                               France in 1 1 lots .
                                                                  The products shall be mobilized on the Community
Whereas provisions should be made for security to be               market. The Products shall be loaded for departure
 given for the purpose of guaranteeing that the obliga­            from a Community port.
 tions arising by virtue of participation in the invita­
 tion to tender for supplies to the Sahel countries and            3 . The invitation to tender provided for in para­
 Ethiopia will be fulfilled ;                                      graph 1 is for supply of products .
 Whereas the intervention agency of France should be
                                                                   — delivered cif, that is at the moment when the
 made responsible for the tendering procedure in ques­
 tion ;                                                                goods are actually removed from the ship's hold as
                                                                       regards Ethiopia and Mauritania at the ports listed
 Whereas the Commission must be informed quickly                       in the annex,
 of the tenders submitted in response to the invitation
                                                                   — delivered unloaded or loaded as regards Mali and
 and of those accepted by the intervention agency ;                     Niger at the centres listed in the Annex.
 (•) OJ No 117, 19 . 6 . 1967, p. 2269/67.
 (2) OJ No L 141 , 28 . 5 . 1973 , p. 8 .                          4. The successful tenderer shall deliver the product
 (3) OJ No L 178 , 5. 8 . 1972, p. 3 .                             specified in paragraph 1 in new jute sacks of a net
 ---pagebreak--- 2. 2. 74                          Official Journal of the European Communities                          No L 29/21
capacity of 50 kilogrammes. The following shall be           countries and Ethiopia must meet the following
printed on the sacks :                                       requirements :
— As regards Ethiopia :
                                                             Grain sorghum : must be of fair and sound merchan­
    'Maize — Gift of the European Economic Commu­            table quality, be free from odour, with a moisture
    nity — For free distribution'                           content not exceeding 14 % , a tolerance of 1 % of
    'Wheat — Gift of the European Economic                   miscellaneous impurities shall be allowed.
     Community — For free distribution',                    Maize : must be of fair and sound merchantable
                                                             quality, be free from odour, and correspond at least to
— As regards the Sahel countries :                           the standard quality for which the intervention price
                                                             is fixed .
    'Sorgho — Don de la Communaute economique
    europeenne — Distribution gratuite'                      Common wheat : must be of fair and sound merchan­
    'Mais — Don de la Communaute economique                  table quality, be free from odour, and correspond at
    europeenne'                                              least to the standard quality for which the interven­
    ' Froment — Don de la Communaute economique              tion price is fixed, except that the humidity shall not
     europeenne — Distribution gratuite'.                    exceed 14-5 % and that a maximum tolerance of 3 %
                                                             of sprouted grains and 1 % of miscellaneous impuri­
                                                             ties shall be allowed.
                       Article 2
1 . The decision on tenders received in response to          2. Tenders for supply to the Sahel countries and
the invitation provided for in Article 1 shall be taken      Ethiopia of the products specified in Article 1 must
on 15 February 1974.                                         relate to products having the following characteristics :
2. The closing date for submission of tenders shall           Grain sorghum : must be of fair and sound merchan­
be 15 February 1974 at 12 noon.                              table quality, be free from odour, with a moisture
                                                             content not exceeding 14 % , a tolerance of 1 % of
3.     The   notice of invitation  to  tender  shall be      miscellaneous impurities shall be allowed.
published in the Official Journal of the European
Communities not less than 9 days before the closing          Maize : must be of fair and sound merchantable
date for submission of tenders .                             quality, be free from odour, and correspond at least to
                                                             the standard quality for which the intervention price
                                                             is fixed.
                       Article 3
                                                              Common wheat : must be of fair and sound merchan­
The contract shall be awarded to the tenderer who            table quality, be free from odour, and correspond at
offers the most favourable terms. If it appears,             least to the standard quality for which the interven­
however, that the tenders submitted do not reflect           tion price is fixed, except that the humidity shall not
normal market prices and rates, the intervention             exceed 14-5 % and that a maximum tolerance of 3 %
agency may cancel the invitation to tender.                  of sprouted grains and 1 % of miscellaneous impuri­
                                                             ties shall be allowed .
                       Article 4
1 . The successful tenderer shall give security in an                                  Article 6
amount of 5 units of account per metric ton of goods ;
the purpose of such security is to guarantee per­
formance of the operations specified in Article 1 . The       1 . The French intervention agency shall be respon­
security shall be forfeit if those operations are not        sible for organizing the invitation to tender provided
carried out within the time stipulated, save as regards       for by this Regulation .
quantities not delivered for reasons of force majeure.
2. The security referred to in paragraph 1 may be            2.      It shall forthwith communicate to the Commis­
given in the form of a cash deposit or of a guarantee         sion the list of firms which have responded to the invi­
issued by a credit institution conforming to the              tation to tender, specifying the terms of each tender,
criteria laid down by the Member State.                       together with the name and business name of the
                                                              successful tenderer.
                       Article 5
                                                              3 . The intervention agency shall request the
 1 . The goods referred to in Article 1 which are to          successful tenderer to supply the following informa­
be supplied for human consumption to the Sahel                tion :
 ---pagebreak--- No L 29/22                                Official Journal of the European Communities                                       2. 2. 74
(a) after each shipment, a certificate showing the quan­              The information indicated above shall be forwarded
    tities dispatched, the quality of the products and                by the intervention agency to the Commission imme­
    their packaging ;                                                 diately upon receipt.
(b) the date of the departure of the ships, the expected                                         Article 7
    date of arrival of the products at their destination ;            This Regulation shall enter into force on the day of its
(c) all possible contingencies which might occur                       publication in the Official Journal of the European
    during transportation of the products.                             Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 1 February 1974.
                                                                                   For the Commission
                                                                                       The President
                                                                                 François-Xavier ORTOLI
                                                                  ANNEX
                                                                                                            Quantity delivered to the
       No of                                                                                                     delivery centre
         lot            Recipient country         Delivery centr^    Port of unloading     Tonnage cif
                                                                                                           unloaded        not unloaded
           1             Ethiopia                                     Djibouti               5 000 t
           2             Ethiopia                                     Assab                  2 500 t
           3             Ethiopia                                     Massawa                2 500 t.
           4             Mauritania                                   Nouakchott             4000 t
           5             Mali                     Mopti               Abidjan                               4 000 t
           6             Mali                     Mopti               Abidjan                               4000 t
           7             Mali                     Kayes               Dakar                                 3 OOO t
           8             Niger                    Agadès              Cotonou                                                2 800 t
           9             Niger                    Agadès              Cotonou                                                2 300 t
          10             Niger                    Diffa               Apapa                                                  2000 t
          11             Niger                    Diffa               A pa pa                                                3 500 t