CELEX: 31973R1488
Language: en
Date: 1973-06-04 00:00:00
Title: Regulation (EEC) No 1488/73 of the Commission of 4 June 1973 concerning the issue of an invitation to tender for the mobilization of common wheat as food aid for the Kingdom of Afghanistan

No L 149 / 16                          Official Journal of the European Communities                              6. 6. 73
                             REGULATION (EEC) No 1488/73 OF THE COMMISSION
                                                        of 4 June 1973
               concerning the issue of an invitation to tender for the mobilization of common
                                  wheat as food aid for the Kingdom of Afghanistan
THE COMMISSION OF THE EUROPEAN                                    Whereas provision should be made for security to be
COMMUNITIES,                                                      given to guarantee fulfilment of the obligations arising
                                                                  by virtue of participation in the invitation to tender ;
Having regard to the Treaty establishing the European
Economic Community ;                                              Whereas it is important that the Commission be
                                                                  informed without delay of the tenders submitted in
Having regard to Council Regulation No 120/                       response to the invitation and of those accepted by
67/EEC ( 1 ) of 13 June 1967 on the common organiza­              the intervention agency ;
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 1346/73 0 ;                                       Whereas the measures provided for in this Regulation
                                                                  are in accordance with the Opinion of the Manage­
Having regard to Council Regulation (EEC) No                      ment Committee for Cereals :
290/69 (3) of 17 February 1969 laying down the condi­
tions for the mobilization of cereals as food for aid, as
amended by Regulation (EEC) No 832/69 (4), the
                                                                  HAS ADOPTED THIS REGULATION :
period of validity of which was extended by Regula­
tions (EEC) No 2338 /69 (*) and No 2046/70 (<>), and in
particular Article 4 (2) thereof ;                                                        Article 1
Whereas on 6 April 1971 the Council of the Euro­                  1 . An invitation to tender shall be issued in respect
pean Communitites declared that by way of Commu­                  of the bagging, loading, transport and delivery fob (sea
nity action it proposed to grant to the Kingdom of                port) of 10 000 metric tons of common wheat to tbe
Afghanistan 10 000 metric tons of common wheat                    supplied as Community food aid to the Kingdom of
under its 1970/71 food aid programme ;                            Afghanistan.
Whereas examination          of the state of the cereals
                                                                  2. The tendering procedure shall take place in
market as regards intervention in France indicates that           France and shall be in respect of a single lot.
Article 2 (2) of Council Regulation (EEC) No 290/69
should be given application, and in particular that the           3.    The wheat shall be collected from the French
cereals stocked in the storage depots of the interven­            intervention agency at the storage depots specified in
tion agency of the abovementioned Member States                   the Annex.
should be mobilized and the terms of mobilization
laid down ;
                                                                  4. The foods referred to in paragraph 1 shall be
                                                                  delivered fob by the successful tenderer in new jute
Whereas in the case of cereals held by intervention               sacks of 50 kg net capacity, the quality of the sacks
agencies an invitation to tender must be issued as                being CS 370 gr or better, to the port specified in the
regards loading, transport and delivery fob. '                    Annex .
Whereas the French intervention agency should be                  The following shall be printed on the sacks :
made responsible for organizing the invitation to
tender ;
                                                                       'Wheat — Gift of the European Community'.
Whereas     the contract should be awarded            to the
tenderer who makes the best offer ;                                                       Article 2
Whereas it must be made clear who is to bear any                  1.    The award of the contract shall take place on 12
costs which arise in the event that for reasons of force          June 1973 .
 majeure the operation in question is not completed
within the time stipulated ;                                      2. The closing date for submission of tenders shall
                                                                  be 12 June 1973 at 12 noon.
(>) OJ No   117, 19 . 6. 1967, p. 2269/67:
(2) OJ No   141 , 28 . 5. 1973, p. 8 .                            3.    The notice of invitation to tender shall be
(3) OJ No   L 41 , 18 . 2. 1969, p. 2.
(4) OJ No   L 107, 6. 5. 1969, p. 3 .                             published in the Official Journal of the European
(5) OJ No   L 298, 27. 11 . 1969, p. 8 .                          Communities not less than seven days before the
(6) OJ No   L 228 , 15. 10. 1970, p. 1 .                          closing date for submission of tenders.
 ---pagebreak--- 6 . 6 . 73                         Official Journal of the European Communities                       No L 149 / 17
                        Article 3                                                      Article 6
The contract shall be awarded to the tenderer who            The common wheat to be supplied to the Kingdom of
offers the most favourable terms. If it appears however      Afghanistan pursuant to Article 1 must be of sound,
that the tenders submitted do not reflect normal              fair and marketable quality and correspond at least to
market rates, the intervention agency may cancel the         the standard quality for which the intervention price
invitation to tender.                                         is fixed, except that the moisture content shall not
                                                             exceed 15.5 % and that a maximum tolerance of 3 %
                         Article 4                            in respect of sprouted grains and 1.5 % in respect of
                                                              miscellaneous impurities shall be allowed.
If, because of delay in the provision of ships for
effecting transport by sea to the Kingdom of Afghan­
istan, the successful tenderer is unable to deliver the                                Article 7
cereals fob on the date fixed in the invitation to
tender, the costs resulting from such delay shall be          1 . The French intervention agency shall be respon­
borne by the intervention agency.                            sible for organizing the invitation to tender provided
                                                              for by this Regulation .
                         Article 5                            2.    It shall forthwith communicate to the Commis­
1 . The successful tenderer shall give security in an        sion a list of the firms which have responded to the
amount of 10 units of account per metric ton ; the            invitation to tender, specifying the terms of each
purpose of such security is to guarantee performance          tender, together with the name and business name of
                                                              the successful tenderer.
of the operations specified in Article 1 . The security
shall be forfeit if those operations are not carried out
within the time stipulated, save as regards quantities                                 Article 8
not delivered for reasons of force majeure.
                                                             This Regulation shall enter into force on the day of its
2. The security referred to in paragraph 1 may be             publication in the Official Journal of the European
given in the form of a cash deposit or of a guarantee         Communities.
issued by a credit institutiton which satisfies the
criteria laid down by the Member State concerned.            This Regulation shall apply from 5 June 1973 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 4 June 1973 .
                                                                        For the Commission
                                                                            The President
                                                                       François-Xavier ORTOLI
 ---pagebreak--- No L 149 / 18                Official Journal of the European Communities                         6 . 6. 73
                                                   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