CELEX: 31973R2720
Language: en
Date: 1973-10-05
Title: Regulation (EEC) No 2720/73 of the Commission of 5 October 1973 opening an invitation to tender for the mobilization of common wheat as food aid for the Empire of Ethiopia

No L 280/ 10                               Official Journal of the European Communities                             6 . 10 . 73
                             REGULATION (EEC) No 2720/73 OF THE COMMISSION
                                                          of 5 October 1973
               opening an invitation to tender for the mobilization of common wheat as food
                                                   aid for the Empire of 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 European
Economic Community ;                                                 Whereas the measures provided for in this Regulation
                                                                     are in accordance with the Opinion of the Manage­
Having regard to Council Regulation No 120/                          ment Committee for Cereals,
67/EEC (') of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 1 346/73 (2) ;
Having regard to Council Regulation (EEC) No                         HAS ADOPTED THIS REGULATION :
1 693/72 (3) of 3 August 1972 laying , down the condi­
tions for the mobilization of cereals as food aidi and
in particular Article 6 thereof ;                                                             Article 1
Whereas on 4 October 1973 the Council of the Euro­
pean Communities declared that by way of Commu­                       1 . Tenders are hereby invited for the supply to the
nity action it proposed to grant the Empire of Ethi­                  Empire of Ethiopia, by way of Community food aid
                                                                     action :
opia, 5 000 metric tons of common wheat under its
1972/73 food aid programme ;
                                                                     — of 5 000 metric tons of common wheat
Whereas analysis of the state of the Community
cereals market indicates that the criteria of Article 3
                                                                      2. The tendering procedure shall take place in
(3) of Council Regulation (EEC) No 1693/72 should                     France in two lots. The product shall be mobilized on
be applied, and that the products should be purchased                the Community market. The products shall be loaded
on the Community market ;                                             for departure from a Community port.
Whereas the proposed invitation to tender should be
for supply of the products delivered cif ; that is at the            3 . The invitation to tender provided for in para­
moment when the goods are actually removed from                      graph 1 is for supply of products delivered cif, that is
the ship's hold at the port of unloading ;                            at the moment when the goods are actually removed
                                                                      from the ship's hold at the port of unloading.
Whereas the award under the invitation to tender
                                                                     The recipient country shall bear all costs subsequent
must be made in favour of the tenderer offering the
best terms ;
                                                                      to delivery of the goods, including unloading costs
                                                                     (such as unstowing, hoisting and reception) and any
                                                                      lighterage costs.
Whereas, should force majeure make it impossible to
complete the operation in question within the set                    Any demurrage costs or dispatch money at the port of
time-limits , it must be made clear who is to bear the
                                                                      unloading shall be a charge on or for the benefit of
liability for any resulting costs ;                                   the recipient country. The rates and detailed arrange­
                                                                      ments relating thereto laid down in the contract
Whereas provision should be made for security to be                   between the authorized agent of the Community
given for the purpose of guaranteeing that the obliga­                referred to in Article 5 and the carrier must have been
tions arising by virtue of participation in the invita­               agreed upon in advance by the authorized agent and
tion to tender for supplies to the Empire of Ethiopia                 the receiving agent of the recipient country referred to
will be fulfilled ;                                                   in Article 5 .
Whereas the French intervention agency should, in
any event, be made responsible for the tendering                      4. The successful tenderer shall deliver the product
procedure in question ;                                               specified in paragraph 1 in new jute sacks of a net
                                                                      capacity of 50 kilogrammes. The following shall be
(') OJ No 117, 19 . 6 . 1967, p . 2269/ 67.                           printed on the sacks :
(2) OJ No L 141 , 28 . .5 . 1973 , p . 8 .
b) OJ No L 178, 5. 8 . 1972, p. 3.                                    'Soft Wheat — Gift of the European Community'
 ---pagebreak--- 6 . 10 . 73                          Official Journal of the European Communities                          No L 280/ 11
                          Article 2                             2. Tenders for supply to the Empire of Ethiopia of
                                                                the products specified in Article 1 must relate to
1 . The decision on tenders received in response to             products of common wheat of fair and sound
the invitation provided for in Article 1 shall be taken         merchantable quality, free from odour, and corres­
on 17 October 1973 .
                                                                pond at least to the standard quality for which the
2.     The closing date for submission of tenders shall         intervention price is fixed, except that the humidity
be 17 October 1973 at 12 noon .                                shall not exceed 1 5-5 % and that a maximum toler­
                                                                ance of 3 % of sprouted grains and 1 % of miscel­
3.     The   notice    of invitation  to  tender shall  be
                                                                laneous impurities shall be allowed.
published in the Official Journal of the European
Communities six days before the closing date for                If the products specified in Article 1 do not meet the
submission of tenders .                                         foregoing requirements they shall be rejected and the
                                                                successful tenderer shall be owner thereof.
                          Article 3
                                                                                           Article 6
The contract shall be awarded to the tenderer who
makes the most favourable offer. However, if the                1 . The French intervention agency shall be respon­
tenders submitted do not appear to correspond to                sible for the operations relating to the invitation to
normal market prices and costs, the intervention                tender provided for by this Regulation .
agency may cancel the invitation to tender.
                                                                2.      It shall forthwith communicate to the Commis­
                          Article 4                             sion the list of firms which have responded to the invi­
                                                                tation to tender, specifying the terms of each tender,
1 . The successful tenderer shall give security of a            together with the name and business name of the
value of five units of account per metric ton of the            successful tenderer.
product ; the security is intended to guarantee that the
operations specified in Article 1 are duly completed.           3 . The intervention agency shall request the
The security shall be forfeit if those operations are not       successful tenderer to supply the following informa­
                                                                tion :
carried out within the prescribed time-limit, save as
regards quantities not delivered owing to force                 (a) after each shipment, a certificate showing the quan­
 majeure.                                                            tities dispatched, the quality of the products and
                                                                     the Jype of packing ;
2. The security provided for in paragraph 1 may be
given in form of a cash deposit or of a guarantee               (b) the date of departure of the ships, the estimated
issued by a credit institution conforming to the                     date of the arrival of the products at their destina­
criteria laid down by the Member State.                              tion ;
                                                                (c) incidents likely to occur during transport of the
                          Article 5                                  products.
 1 . The products specified in Article 1 to be                  The information indicated above shall be forwarded
supplied for human consumption to the Empire of                 by the intervention agency to the Commission imme­
 Ethiopia must be of fair and sound merchantable                diately upon receipt.
quality, be free from odour, and correspond at least to
the standard quality for which the intervention price                                      Article 7
is fixed , except that the humidity shall not exceed
 1 5-5 % and that a maximum tolerance of 3 % of                 This Regulation shall enter into force on the day of its
sprouted grains and 1 % of miscellaneous impurities             publication in the Official Journal of the European
shall be allowed .                                               Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 5 October 1973 .
                                                                            Fur the Commission
                                                                                The President
                                                                           Francois-Xavier ORTOLI
 ---pagebreak--- No L 280/ 12                 Official Journal of the European Communities                 6 . 10. 73
                                                 ANNEX
             Number of lot Port of unloading        Minimum rate of unloading Tonnage cif
                  1            Assab                                            2 500
                                                     Customs of the port
                  2            Djibouti                                         2 500