CELEX: 31973R1534
Language: en
Date: 1973-06-08 00:00:00
Title: Regulation (EEC) No 1534/73 of the Commission of 8 June 1973 concerning the issue of an invitation to tender for the mobilization of 55 000 metric tons of common wheat as food aid for the People's Republic of Bangladesh

9 . 6. 73                                 Official Journal of the European Communities                           No L 154/ 15
                                  REGULATION (EEC) No 1534/73 OF THE COMMISSION
                                                            of 8 June 1973
                    concerning the issue of an invitation to tender for the mobilization of 55 000 metric
                        tons of common wheat as food aid for the People's Republic of Bangladesh
  THE COMMISSION OF THE EUROPEAN                                         Whereas provision should be made for security to
  COMMUNITES ,                                                           be given to guarantee fulfilment of the obligations
                                                                         arising by nature of participation in the invitation
  Having regard to the Treaty establishing the Euro­                     to tender ;
  pean Economic Community ;
                                                                         Whereas the Commission must be informed without
  Having regard to Council Regulation No 120/                             delay of the tenders submitted in response to the
  67/EEC ( x ) of 13 June 1967 on the common organi­                     invitation and of those accepted by the intervention
  zation of the market in cereals, as last amended by                    agency ;
 Regulation (EEC) No 1346/73 (2) ;
                                                                        Whereas the measures provided for in this Regula­
  Having regard to Council Regulation ( EEC) No                          tion are in accordance with the Opinion of the
  1693/72 (3) of 3 August 1972 laying down the condi­                    Management Committee for Cereals :
  tions for the mobilization of cereals as food aid,
  and in particular Article 6 thereof ;
 Whereas on 12 March 1973 the Council of the Euro­                       HAS ADOPTED THIS REGULATION :
 pean Communities declared that by way of Commu­
 nity action it proposed to grant to the People's                                                Article 1
 Republic of Bangladesh 175 000 metric tons of
 common        wheat    under       its     1972/73    food   aid       1.     An  invitation to tender shall be      issued in
 programme ;                                                            respect of the loading, transport, loading job (sea
                                                                        port) and delivery cif at port of unloading of 55 000
 Whereas examination of the state of the cereals
                                                                        metric tons of common wheat to be supplied as
 market as regards intervention in France indicates                     Community food aid to the People's Republic of
 that Article 3 (2) of Council Regulation ( EEC) No                     Bangladesh . The tendering procedure shall take
 1693/72 should be given application , and in par­                      place in France and shall be in respect of one
 ticular that the cereals stocked in the storage depots                 separate lot.
 of the intervention agency of the abovementioned
 Member State should be mobilized and the terms of
 mobilization laid down ;
                                                                        2.     The invitation to tender provided for in para­
                                                                        graph 1 shall be for the carriage in bulk of a quan­
                                                                        tity of common wheat from the place of storage to
Whereas, in the case of cereals held by intervention
                                                                        the point of delivery cif ; that is the point when the
 agencies, an invitation to tender must be issued in
                                                                        presence of the goods in the ship's hold at the port
 respect of the loading, transport and delivery cif,                   of unloading is verified.
that is up to the point when the presence of the
goods in the ship's hold at the port of unloading is
verified ;                                                              3.     The successful tenderer shall deliver the goods
                                                                       cif at the ports specified in Annex II.
Whereas the intervention agency of the Member
States concerned should be made responsible for
organizing the invitation to tender ;                                                           Article 2
Whereas       contracts    should        be   awarded    to  the       The wheat shall be collected from the intervention
tenderers who make the best offers ;                                   agency of France at the storage depots specified in
                                                                       Annex I.
Whereas it must be made clear who is to bear any
costs which arise where force majeure makes it                                                  Article 3
impossible for the operation in question to be
completed within the time stipulated ;                                 1.     The award of tenders shall take place on 25
                                                                       June 1973 .
H OJ No 117, 19 . 6. 1967, p . 2269/67.
( 2) OJ No L 141 , 28 . 5 . 1973 , p . 8 .                             2.     The closing date for submission of tenders
(3) OJ No L 178 , 5 . 8 . 1972 , p . 3 .                               shall be 25 June 1973 , at 12 noon .
 ---pagebreak--- No L 154/ 16                        Official Journal of the European Communities                             9 . 6. 73
3.    The notice of invitation to tender shall be                                      Article 6
published in the Official Journal of the European
Communities not less than 10 days before the                   The common wheat to be supplied to the People's
closing date for submission of tenders.                        Republic of Bangladesh pursuant to Article 1 must
                                                               be of sound, fair and marketable quality and
                                                               correspond at least to the standard quality for
                        Article 4
                                                               which the intervention price is fixed, except that the
Contracts shall be awarded to the tenderer or                  moisture content shall not exceed 14-5 %> and a
tenderers who offer the most favourable terms .                maximum tolerance of 3 °/o in respect of sprouted
However, if it appears that the tenders submitted do           grains and 1 % in respect of miscellaneous impuri­
not reflect normal market rates, the intervention              ties shall be allowed .
agency may cancel the invitation to tender.                                            Article 7
                        Article S                              1 . The intervention agency of France shall be
                                                               responsible for organizing the invitation to tender
1.    The successful tenderer shall give security in           provided for by this Regulation .
an amount of 10 units of account per metric ton ;
the purpose of such security is to guarantee perfor­           2.    It shall forthwith communicate to the Commis­
mance of the operation specified in Articles 1 and 2.          sion a list of the firms which have responded to the
The security shall be forfeit if those operations are          invitation to tender, specifying the terms of each
not carried out within the time stipulated, save as            tender, together with the name and business name
regards quantities not delivered by reason of force            of the successful tenderers .
majeure.
                                                                                       Article 8
2. The security provided for in paragraph 1 may
be given in the form of a cash deposit or of a                 This Regulation shall enter into force on the day of
 guarantee issued by a credit institution satisfying the       its publication in the Official Journal of the Euro­
criteria laid down by the Member States concerned.             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
                                                                       Francois-Xavier ORTOLI
 ---pagebreak--- 9 . 6 . 73                              Official Journal of the European Communities                     No L 154/ 17
                                                              ANNEX I
 Number of lot      Port of shipment             Tonnage fob                Address of store   Town at which stored
        1          Community ports         55 000 t whereof :
                                                    16 165         Silos de Châlons-sur-Marne Châlons-sur-Marne
                                                    11 432          Silos de Givet            Givet
                                                    12 492          Silos d' Arleux           Arleux
                                                     4 995          Silos d'Arleux            Arleux
                                                     9 916          Silos d'Arleux            Arleux
                                                             ANNEX 11
     Number of lot                 Port of unloading               Minimum rate of unloading        Tonnage cif
                                 Chittagong                     )                                    33 000 t
           1                                                    ?  Customs of the port
                                 Chaina                                                              22 000 t