CELEX: 31973R1602
Language: en
Date: 1973-06-15 00:00:00
Title: Regulation (EEC) No 1602/73 of the Commission of 15 June 1973 concerning the issue of a new invitation to tender for the mobilization of common wheat as food aid for the Kingdom of Afghanistan

16. 6. 73                                 Official Journal of the European Communities                            No L 159/37
                                REGULATION (EEC) No 1602/73 OF THE COMMISSION
                                                          of 15 June 1973
              concerning the issue of a new invitation to tender for the mobilization of common
                                          wheat as food aid for the Kingdom of Afghanistan
THE COMMISSION OF THE EUROPEAN                                        Whereas the contract should be awarded to the
COMMUNITIES ,                                                         tenderer who makes the best offer ;
Having regard to the Treaty establishing the Euro­                    Whereas it must be made clear who is to bear any
pean Economic Community ;                                             costs which arise in the event that for reasons of
Having regard to Council Regulation No 120/67/                        force majeure the operation in question is not
(EEC) (*) of 13 June 1967 on the common organiza­                     completed within the time stipulated ;
tion of the market in cereals, as last amended by                     Whereas provision should be made for security to
Regulation (EEC) No 1346/73 (2 ) ;                                    be given to guarantee fulfilment of the obligations
Having regard to Council Regulation (EEC) No 290/                      arising by virtue of participation in the invitation to
69 (8) of 17 February 1969 laying down the condi­                      tender ;
tions for the mobilization of cereals as food for aid,
as amended by Regulation (EEC) No 832/69 (4 ), the                     Whereas it is important that the Commission be
                                                                       informed without delay of the tenders submitted in
period of validity of which was extended by Regu­
lations (EEC) No 2338/69 (5) and No 2046/70 (6),                       response to the invitation and of those accepted by
and in particular Article 4 (2) thereof ;                              the intervention agency ;
 Whereas on 6 April 1971 the Council of the Euro­                      Whereas the measures provided for in this Regula­
 pean Communities declared that by way of Commu­
                                                                       tion are in accordance with the Opinion of the
                                                                       Management Committee for Cereals ;
 nity action it proposed to grant to the Kingdom of
Afghanistan 10 000 metric tons of common wheat
 under its 1970/71 food aid programme ;
                                                                        HAS ADOPTED THIS REGULATION :
 Whereas the invitation to tender opened in the
 Community under Commission Regulation (EEC)                                                   Article 1
 No 1488/73 (7) of 4 June 1973 opening an invitation
 to tender for the mobilization of common wheat as                      1.    An invitation to tender shall be issued in
 food aid for the Kingdom of Afghanistan was not                        respect of the bagging, loading, transport and
 allocated ; whereas a new invitation to tender                         delivery fob (sea port) of 10 000 metric tons of
 should therefore be opened ;                                           common wheat to be supplied as Community food
                                                                        aid to the Kingdom of Afghanistan.
 Whereas examination of the state of the cereals
 market as regards intervention in France indicates
                                                                        2. The tendering procedure shall take place in
 that Article 2 (2) of Council Regulation (EEC ) No                     France and shall be in respect of a single lot.
 290/69 should be given application, and in parti­
 cular thait the cereal's stocked in the storage depots
                                                                        3.    The wheat shall be collected from the French
  of the intervention agency of the abovementioned
 Member States should be mobilized and the terms                        intervention agency at the storage depots specified
                                                                        in the Annex .
  of mobilization laid down ;
 Whereas in the case of cereals held by intervention                    4. The goods referred to in paragraph 1 shall be
  agencies an invitation to tender must be issued as                    delivered fob by the successful tenderer in new jute
  regards loading, transport and delivery fob.                          sacks of 50 kg net capacity, the quality of the sacks
                                                                        being CS 370 gr or better, to the port specified in
  Whereas the French intervention agency should be                      the Annex .
  made responsible for organizing the invitation to
  tender :                                                              The following shall be printed on the sacks :
                                                                         'Wheat — Gift of the European Community'
  (*) OJ  No  117, 19. 6. 1967, p. 2269/67.
  (*) OJ  No  L 141 , 28 . 5 . 1973 , p . 8 .
  (») OJ  No  L 41 , 18 . 2 . 1969, p . 2.                                                      Article 2
  (4) OJ  No  L 107, 6. 5 . 1969, p . 3 .
  (») OJ  No  L 298 , 27. 11 . 1969, p . 8 .                             1.   The award of the contract shall take place on
  (•) O ! No L 228 , 15 . 10 . 1970, p . 1 .
  (7) OJ No L 149, 6 . 6. 1973 , p . 16 .                                21 June 1973 .
 ---pagebreak--- No L 159/38                        Official Journal of the European Communities                             16. 6. 73
2. The closing date for submission of tenders                2. The security referred to in paragraph 1 may be
shall be 21 June 1973 at 12 noon.                            given in the form of a cash deposit or of a
                                                             guarantee issued by a credit institution which satis­
3.    The notice of invitation to tender shall be            fies the criteria laid down by the Member State
published in the Official Journal of the European            concerned.
Communities not less than 2 days before the closing
date for submission of tenders .
                                                                                      Article 6
                        Article 3                            The Common wheat to be supplied to the Kingdom
                                                             of Afghanistan pursuant to Article 1 must be of
The contract shall be awarded to the tenderer who            sound, fair and1 marketable quality and correspond
offers the most favourable terms. If it appears              at least to the standard quality for which the inter­
however that the tenders submitted do not reflect            vention price is fixed, except that the moisture
normal market rates, the intervention agency may             content     shall  not   exceed    15·5 °/o and  that   a
cancel the invitation to tender .                            maximum tolerance of 3 °/o in respect of sprouted
                                                              grains and 1·5 %> in respect of miscellaneous impuri­
                        Article 4                             ties shall be allowed .
If, because of delay in the provision of ships for                                     Article 7
effecting transport by sea to the Kingdom of Afghan­
istan, the successful tenderer is unable to deliver           1 . The French intervention agency shall be
the cereals fob on the date fixed in the invitation to        responsible for organizing the invitation to tender
tender, the costs resulting from such delay shall be          provided for by this Regulation.
borne by the intervention agency.
                                                              2.    It shall forthwith communicate to the Commis­
                        Article 5                             sion a list of the firms which have responded to the
                                                              invitation to tender, specifying the terms of each
 1 . The successful tenderer shall give security in           tender, together with the name and business name
 an amount of 10 units of account per metric ton ;            of the successful tenderer.
(the purpose of such security is to guarantee perfor­
 mance of the operations specified in Article 1 . The                                  Article 8
 security shall be forfeit if those operations are not
 carried out within the time stipulated, save as              This Regulation shall enter into force on the day of
 regard's quantities mot (delivered for reasons of force      its publication in the Official Journal of the Euro­
 majeure.                                                     pean Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 15 June 1973 .
                                                                         For the Commission
                                                                            The President
                                                                      François-Xavier ORTOLI
 ---pagebreak--- 16. 6. 73                      Official Journal of the European Communities                    No L 159/39
                                                      ANNEX
      No of lot    Port of shipment              Tonnage fob           Address of store   Town at which stored
         1      Rouen                   10 000 t whereof :
                                                      168       Silos de Givet          Givet
                                                    1500        Silos de Givet          Givet
                                                    8 332       Silos de Saint-Ouen-    Saint-Ouen-
                                                                l'Aumône                l'Aumône