CELEX: 31973R2509
Language: en
Date: 1973-09-14 00:00:00
Title: Regulation (EEC) No 2509/73 of the Commission of 14 September 1973 opening an invitation to tender for the mobilization of common wheat as aid for the Republic of Lebanon

No L 259 / 14                             Official Journal of the European Communities                              15 . 9 . 73
                             REGULATION               EEC    No 2509/ 73 OF THE COMMISSION
                                                        of 14 September 1973
                opening an invitation to tender for the mobilization of common wheat as aid
                                                    for the Republic of Lebanon
THE COMMISSION OF THE EUROPEAN                                         Whereas the measures provided for in this Regulation
 COMMUNITIES,                                                          are in accordance with the Opinion of the Manage­
                                                                       ment Committee for Cereals ;
 Having regard to the Treaty establishing the European
 Economic Community ;
 Having regard to Council Regulation No 120/                           HAS ADOPTED THIS REGULATION :
 67/EEC ( ] ) of 13 June 1967 on the common organiza­
 tion of the market in cereals, as last amended by Regu­
 lation (EEC) No 1346/73 (2) ;                                                                Article 1
 Having regard to Council Regulation ( EEC) No
 1 693/72 (3) of 3 August 1972 laying down the condi­                   1 . Tenders are hereby invited for the supply, by
 tions for the mobilization of cereals as food aid , and               way of Community food aid action, to the Republic of
 in particular Article 6 thereof ;                                     Lebanon of 10 000 metric tons of common wheat.
Whereas on 23 May 1972 the Council of the Euro­                        2. The tendering procedure shall take place in the
 pean Communities declared that by way of Commu­                       Republic of France in one lot.
 nity action it proposed to grant the Republic of
 Lebanon 10 000 metric tons of common wheat under
                                                                       3 . The product shall be mobilized on the Commu­
the 1971 /72 food aid programme ;                                      nity market.
Whereas an anlysis of the state of the cereals market
 in the Community indicates that the criteria of Article               4. Loading shall take place for shipment from a
3 (3) of Council Regulation ( EEC) No 1693 /72 should                  port of the Community.
be applied, and that the product should be bought on
the Community market ;                                                 5 . The product referred to in paragraph 1 is to be
                                                                       loaded fob, that is to say at the moment when the
Whereas tenders should be invited for the supply of                    goods are loaded int6 the hold of the ship in the port
the product fob ; that is to say at the moment when                    of loading in bulk by the tenderer.
the goods are loaded into the hold of the ship in the
 port of loading ;
                                                                                              Article 2
Whereas      the  contract    should       be   awarded   to  the
tenderer offering the best terms ;                                      1 . The decision on tenders received in response to
                                                                       the invitation provided for in Article 1 shall be taken
Whereas in case it should be impossible for reasons of                 on 1 October 1973 .
force majeure to complete the operation in question
within the set time limits , it must be made clear who
is to bear any costs resulting therefrom ;                             2.    The closing date for submission of tenders shall
                                                                       be 1 October 1973 at 12 noon .
Whereas provision should be made for security to be
given to guarantee fulfilment of the obligations arising               3.    The   notice of  invitation to  tender   shall   be
by virtue of participation in the invitation to tender                 published in the Official Journal of the European
for the supply of wheat to the Republic of Lebanon ;                   Communities not less than ten days before the closing
                                                                       date for submission of tenders .
Whereas the French intervention agency should, at all
events, be made responsible for the tendering proce­
dure in question ;                                                                            Article 3
Whereas the Commission must be informed quickly                        The contract shall be awarded to the tenderer who
of the tenders submitted in response to the invitation                 makes the most favourable offer.
and of those accepted by the intervention agency ;
(') OJ No 117, 19 . 6 . 1967 , p . 2269 / 67 .                         However, if the tenders submitted do not appear to
(2 ) OJ No L 141 , 28 . 5 . 1973 , p . 8 .                             reflect normal market prices and costs, the interven­
(}) OJ No L 178 , 5 . X. 1972, p . 3 .                                 tion agency may cancel the invitation to tender.
 ---pagebreak--- 15. 9 . 73                          Official Journal of the European Communities                          No L 259/ 15
                        Article 4                              of sprouted grains and 1 -5 % of miscellaneous impuri­
                                                               ties shall be allowed .
If the tenderer is unable to load the product fob on
the date given in the notice of invitation to tender as a
                                                                                         Article 7
result of the late availability of the vessels to be used
for sea transportation, the resulting costs shall be           1 . The French intervention agency shall be respon­
borne by the intervention agency.                              sible for operations relating to 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 of a           sion the list of firms which have responded to the invi­
value of 5 units of account per metric ton of the              tation to tender, specifying the terms of each tender,
product ; the security is intended to guarantee that the       together whith the name and business name of the
operations specified in Article 1 are duly completed.          successful tenderer.
The security shall be forfeited if these operations are
not carried out within the prescribed time limit, save         3 . The intervention agency shall request the
as regards quantities not delivered owing to force             successful tenderer to supply the following informa­
majeure.                                                       tion :
2. The security required under paragraph 1 may be              (a) after each shipment a certificate showing the quan­
provided in the form of a cash deposit or of a                 tities dispatched and the quality of the products,
guarantee issued by a credit institution conforming to         (b) the date of departure of the ships.
criteria laid down by each Member State .
                                                               The information indicated above shall be forwarded
                        Article 6                              by the intervention agency to the Commission imme­
                                                               diately upon receipt.
 1.   The common wheat referred to in Article 1 to be
supplied to the Republic of Lebanon must be of fair                                      Article 8
and sound merchantable quality and correspond at
least to the standard quality for which the interven­          This Regulation shall enter into force on the day of its
tion price is fixed, except that the humidity shall not        publication in the Official Journal of the European
exceed 1 5-5 % and that a maximum tolerance of 3 %              Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 14 September 1973 .
                                                                          For the Commission
                                                                              The President
                                                                         Francois-Xavier ORTOLI