CELEX: 31974R0455
Language: en
Date: 1974-02-22 00:00:00
Title: Regulation (EEC) No 455/74 of the Commission of 22 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 51 /26                            Official journal of the European Communities                                23 . 2. 74
                                REGULATION (EEC) No 455/74 OF THE COMMISSION
                                                     of 22 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 Commission must be informed quickly
COMMUNITIES ,                                                     of the tenders submitted in response to the invitation
                                                                  and of those accepted by the intervention agency ;
Having regard to the Treaty establishing the Euro­
pean Economic Community ;                                         Whereas the measures provided for in this Regula­
                                                                  tion are in accordance with the Opinion of the Man­
Having regard to Council Regulation No 120/67/                    agement Committee for Cereals,
EEC ( 1) of 13 June 1967 on the common organization
of the market in cereals, as last amended by                      HAS ADOPTED THIS REGULATION :
Regulation (EEC) No 1346/73 (2) ;
                                                                                          Article 1
Having regard to Council Regulation (EEC) No
1693/72 (8) of 3 August 1972 laying down the con­                  1 . Tenders are hereby invited for the supply to
ditions for the mobilization of cereals as food aid,              Ethiopia, Mali, Mauritania, Niger and Upper Volta
anid in particular Article 6 thereof ;                            by way of Community food-aid action of 32 200
                                                                  metric tons of maize, 14 000 metric tons of common
Wihereas on 28 December 1973 the Council of the                   wheat and 3 200 metric tons of grain sorghum,
European Communities .declared that by way of                     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 )
                                                                       2 500 metric tons of wheat (dot No 2)
Whereas analysis of the state of the Community ce­
reals market indicates that the criteria of Article 3 (3 )            2 500 metric tons of wheat ( lot No 3 )
of Council Regulation (EEC) No 1693/72 should be                  — Islamic Republic of Mauritania :
applied, according to which the products must be
purchased on the Community market ;                                    4 000 metric tons of wheat ( lot No 4)
                                                                       2 000 metric tons of wheat (lot No 5 )
Wihereas the proposed invitation to tender should be
for supply of the products delivered unloaded or                  — Republic of Mali :
loaded at the delivery centres or cif port of un­                      3 000 metric tons of maize (lot No 6 )
loading, that is at the moment when the goods are                      6 000 metric tons of maize (lot No 7)
actually removed from the ship's hold ;
                                                                  — Republic of Niger :
Whereas die award under the invitation to tender
must be made in favour of the tenderer offering the                      400 metric tons of maize         j
best terms ;                                                             200 metric tons of sorghum       !
                                                                         800 metric tons of maize         I   ( lot No 8 )
Whereas, should force majeure make it impossible                       4 000 metric tons of maize         y
to complete the operation in question within the set
time limits, it should be made clear who is to bear                    1 200 metric tons of maize         )
                                                                                                               ( lot No 9 )
the liability for any resulting costs ;                                2 800 metric tons of maize         )
Wihereas provisions should be made for security to                     Republic of Upper Volta :
be given for the purpose of guaranteeing^fiat the                      6 000 metric tons of maize ( lot No 10)
Obligations arising by ' virtue of participation in the
invitation to tender for supplies to the Sahel coun­                  4 000 metric tons of maize          (
                                                                                                          i   ( lot No 11 )
tries and 'Ethiopia will be fulfilled ;                               2 000 metric tons of maize          )
                                                                      2 600 metric tons of sorghum        )    „
Whereas the French intervention agency should                                             ,     ,         >    (lot No 12)
be made responsible for the tendering procedure in                       400 metric tons of sorghum       )
question ;                                                        2.     The tendering .procedure shall take place in
                                                                  France in 12 lots . The products shall be mobilized
(*) OJ No 117, 19.6. 1967, p. 2269/67 .                           on the Community market. The products shall be
(«) OJ No L 141 , 28. 5. 1973, p. 8 .
 (») OJ No L 178, 5 . 8 . 1972, p. 3 .                            loaded for departure from a Community port.
 ---pagebreak---  23 . 2. 74                           Official Journal of the European Communities                           No L 51 /27
 3 . The invitation to tender provided for in para­                                      Article 4
 graph 1 is for supply of products
 — delivered cif, that is at the moment when the                   1 . The successful tenderer shall give security in an
       goods are actually removed from the ship's hold             amount of five units of account per metric ton of
       as regards Ethiopia and Mauritania at the ports            goods ; the purpose of sudh security is to guarantee
      listed in the Annex,                                        performance of the operations specified in Article 1 .
                                                                  The security shall (be forfeit if those operations are
 — delivered unloaded or loaded as regards Mali,                  not carried out within the time stipulated, save as
      Niger and Upper Volta at the centres listed in the          regards quantities not delivered for reasons of force
      Annex .
                                                                  majeure.
 4.      The successful tenderer shall defliver the product
 specified in paragraph 1 in new jute sacks of a net              2. The security referred to in paragraph 1 may
 capacity of 50 kilogrammes. The following sthall be              be given in the form of a cash deposit or of a gua­
 printed on the sacks :                                           rantee issued by a credit institution conforming to
                                                                  the criteria laid down by the Memlber State.
 — As regards Ethiopia :
      'Wheat — Gift of the European Community —
      For free distribution '                                                            Article 5
 — As regards the Sahel countries with the exception
     of Upper Volta :                                             1 . The goods referred to in Article 1 which are to
                                                                  be supplied for human consumption to the Sahel
     'Sorgho — Don de la Communauté économique                    countries and Ethiopia must meet the following
     européenne — Distribution gratuite'                          requirements :
     'Mais — Don de la Communauté économique
     européenne'
                                                                  Grain sorghum : must be of fair and sound merchan­
     'Froment — Don de la Communauté économique                   table quality, be free from odour, with a moisture
     européenne — Distribution gratuite'.                         content not exceeding 14 °/o, a tolerance of 4 °/o of
— As regards Upper Volta :                                        miscellaneous impurities shall be allowed.
     'Sorgho — Don de la Communauté économique
     européenne — Distribution gratuite'                         Maize : must be oif fair and sound merchantable
                                                                 quality, be free from odour, and correspond at least
     Mais — Don de la Communauté économique                      to the standard quality for which the intervention
     européenne — Distribution gratuite'.                        price is fixed.
                          Article 2                              Common wheat : must be of fair and sound mer­
                                                                 chantable quality, be free from odour, and corres­
                                                                 pond at least to the standard quality for which the
1.      The decision on tenders received in response             intervention price is fixed, except that the humidity
to the invitation provided for in Article 1 shall be             shall not exceed 14-5 °/o and that a maximum tole­
taken on 8 March 1974 .
                                                                 rance of 3 °/o of sprputed grains and 1 °/o of miscel­
                                                                 laneous impurities shall be allowed .
2.      The closing date for submission of tenders
shaill be 8 March 1974 at 12 noon .
                                                                2. Tenders for supply to the Sahel countries and
3.      The notice of invitation to tender shall be              Ethiopia of the products specified in Article 1 must
published in the Official Journal of the European                relate to products having the following characteris­
                                                                 tics :
Communities not less than 9 days before the closing
date for submission of tenders .
                                                                Grain sorghum : must be of fair and sound merchan­
                                                                table quality, be free from odour, with a moisture
                          Article 3                             content not exceeding 14 °/o, a tolerance of 4°/« of
                                                                miscellaneous impurities shaill 'be allowed.
The contract shall be awarded to the tenderer who
offers the most favourable terms. If it appears,                Maize : must be of fair and sound merchantable
however, that the tenders submitted do not reflect              quality, be free from odour, and correspond at least
normal market prices and rates, the intervention                to the standard quality for which the intervention
agency may cancel the invitation to tender.                     price is fixed.
 ---pagebreak--- No L 51 /28                        Official Journal of the European Communities                              23 . 2 . 74
Common wheat : must be of fair and sound merchan­            3 . The intervention agency shall request the suc­
table quality, be free from odour, and correspond at         cessful tenderer to supply the following information :
least to the standard quality ifor which the interven­       ( a) atfter each shipment, a certificate showing the
tion price is fixed, except that the humidity shall                quantities dispatched, the quality of the products
not exceed 14-5 °/o and that a maximum tolerance
                                                                   and tiheir packaging ;
of 3 °/o of sprouted grains and 1 °/o of miscellaneous
impurities shall' be allowed­                                 ( b) the date of the departure of the ships, the expec­
                                                                   ted date of arrival of the products at their destin­
                                                                   ation ;
                         Article 6                            (c) all possible contingencies which might occur
                                                                   during transportation of die products .
1.    The French intervention agency shall be res­
                                                             The information indicated above shall ibe forwarded
ponsible for organizing the invitation to tender pro­
vided for by this Regulation .                               by the intervention agency to the Commission imme­
                                                             diately upon receipt.
2.    It shall forthwith communicate to the Com­                                      Article 7
mission the list of firms which have responded to the
invitation to tender, specifying the terms of each           This Regulation shall enter into force on the day
tender, together with the name and business name             of its publication in the Official Journal of the Euro­
of the successful tenderer.                                  pean Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 22 February 1974.
                                                                        For the Commission
                                                                           The President
                                                                      Francois-Xavier ORTOL1
 ---pagebreak--- 23 . 2. 74                           Official Journal of the European Communities                                      No L 51 / 29
                                                            ANNEX
                                                                                                         Quantity delivered to the
                                                                                       Tonnage cif    deliver ) centre ( in metric tons )
    No of lot      Recipient country        Delivery centre      Port of unloading ( in metric tons )
                                                                                                        unloaded           not unloaded
         1      Ethiopia                                      Djibouti                   5 000
        2       Ethiopia                                      Assab                      2 500
        3       Ethiopia                                      Massawa                    2 500
        4       Mauritania                                    Nouakchott                 4 0(10
        5       Mauritania                                    Nouakchott                 2 000
        6       Mali                   Kayes                 Dakar                       3 000           3 000
        7       Mali                   Bamako                Dakar                       6 000           6 000
        8       Niger                  Zinder                Apapa                         400                                   400
        8       Niger                  Zinder                Apapa                         200                                   200
        8       Niger                  Maradi                 Apapa                        800                                   800
        8       Niger                  Niamey                 Cotonou                    4 000                                4 000
        9       Niger                  Dosso                 Cotonou                     1 200                                 1 200
        9       Niger                  Tamoua                Cotonou                     2 800                                2 800
       10       Upper Volta            Ouagadougou           Abidjan                     6 000           6 000
       11       Upper Volta            Ouagadougou           Abidjan                     4 000           4 000
       11     - Upper Volta            Bobo-Dioulasso        Abidjan                     2 000           2 000
       12       Upper Volta            Ouagadougou           Abidjan                     2 600           2 600
       12       Upper Volta            Bobo-Dioulasso        Abidjan                       400             400