CELEX: 31973R3265
Language: en
Date: 1973-11-30
Title: Regulation (EEC) No 3265/73 of the Commission of 30 November 1973 opening an invitation to tender for the mobilization of grain sorghum, maize and common wheat as food aid for the Republic of Chad

No L 333 /22                              Official Journal of the European Communities                              4 . 12 . 73
                            REGULATION               EEC   No 3265 / 73 OF THE COMMISSION
                                                       of 30 November 1973
                opening an invitajtion to tender for the mobilization of grain sorghum , maize
                            and common wheat as food aid for the Republic of Chad
THE COMMISSION OF THE EUROPEAN                                        HAS ADOPTED THIS REGULATION :
COMMUNITIES,
Having regard to the Treaty establishing the European                                        Article 1
Economic Community ;
                                                                       1 . Tenders are hereby invited for the supply to the
Having regard to Council Regulation No 120/                           Republic of Chad by way of Community food-aid
67/ EEC ( ! ) of 13 June 1967 on the common organiza­                 action of :
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 1346/73 (2) ;                                         — 2 000 tons of grain sorghum (lot No 1 )
Having regard to Council Regulation (EEC) No                          — 2 000 tons of maize (lot No 2)
 1 693/72 (3) of 3 August 1972 laying down the condi­                 — 2 000 tons of common wheat (lot No 3).
tions for the mobilization of cereals as food aid, and
                                                                      2. The tendering       procedure shall take place in
in particular Article 6 thereof ;                                     France in three lots. The products shall be mobilized
Whereas on 14 May 1973 the Council of the Euro­                       on the Community       market. The products shall be
pean Communities declared that by way of Commu­                       loaded for departure  from a Community port.
nity action it proposed to grant the Republic of Chad
6 000 metric tons of maize under its 1972/73 food-aid                 3. The invitation to tender provided for in para­
programme ;                                                           graph 1 is for supply of products delivered to
                                                                      N'Djamena (Fort Lamy) via Apapa.
Whereas analysis of the state of the Community
cereals market indicates that the criteria of Article                 4. The successful tenderer shall deliver the product
3(3) of Council Regulation (EEC) No 1693/72 should                    specified in paragraph 1 in new jute sacks of a net
be applied, and that the products should be purchased                 capacity of 50 kilogrammes. The following shall be
on the Community market ;                                             printed on the sacks :
Whereas the proposed invitation to tender should be                   'Sorgho — Don de la Communauté Économique Euro­
for supply of the products delivered to N'Djamena ;                   péenne — Distribution gratuite'
Whereas the award under the invitation to tender                      'Maïs — Don de la Communauté Économique Euro­
must be made in favour of the tenderer offering the                   péenne — Distribution gratuite'
best terms ;                                                          ' Froment tendre — Don de la Communauté Écono­
Whereas, should force majeure make it impossible to                   mique Européenne — Distribution gratuite'.
complete the operation in question within the set
time-limits, it should be made clear who is to bear the                                       Article 2
liability for any resulting costs ;
Whereas provisions should be made for security to be                   1 . The decision on tenders received in response to
given for the purpose of guaranteeing that the obliga­                the invitation provided for in Article 1 shall be taken
tions arising by virtue of participation in the invita­               on 14 December 1973 .
tion to tender for supplies to the Republic of Chad
will , be fulfilled ;                                                 2.    The closing date for submission of tenders shall
                                                                      be 14 December 1973 at 12 noon .
Whereas the intervention agency of France should, in
any event, be made responsible for the tendering                      3.    The   notice  of invitation to  tender shall be
procedure in question ;                                               published in the Official Journal of the European
Whereas the Commission must be informed quickly                        Communities not later than ten days before the
of the tenders submitted in response to the invitation                closing date for submission of tenders.
and of those accepted by the intervention agency ;
                                                                                              Article J
Whereas the measures provided for in this Regulation
are in accordance with the Opinion of the Manage­                     The contract shall be awarded to the tenderer who
ment Committee for Cereals,
                                                                      makes the highest offer. However, if the tenders
(') OJ No 117, 19 . 6 . 1967, p . 2269/67 .                           submitted do not appear to correspond to normal
(2) OJ No L 141 , 28 . 5 . 1973 , p . 8 .                             market prices and costs, the intervention agency may
(3) OJ No L 178 , 5. 8 . 1972, p. 3 .                                 cancel the invitation to tender.
 ---pagebreak--- 4. 12 . 73                        Official Journal of the European Communities                           No L 333 / 23
                        Article 4                            Maize :
1 . The successful tenderer shall give security of a         must be of fair and sound merchantable quality, be
value of 5 units of account per metric ton of product ;      free from odour, and correspond at least to the
the security is intended to guarantee that the opera­        standard quality for which the intervention price is
                                                             fixed .
tions specified in Article 1 are duly completed . The
security shall be forfeit if those operations are not         Common wheat :
carried out within the prescribed time-limit, save as        must be of fair and sound merchantable quality, be
regards quantities not delivered owing to force              free from odour, and correspond at least to the
majeure.
                                                             standard quality for which the intervention price is
2. The security provided for in paragraph 1 may be           fixed, except that the humidity shall not exceed
given in form of a cash deposit or of a guarantee             1 5-5 % and that a maximum tolerance of 3 % of
issued by a credit institution conforming to the             sprouted grains and 1 % of miscellaneous impurities
criteria laid down by the Member State .                     shall be allowed .
                        Article 5                                                       Article 6
 1 . The products specified in Article 1 to be                1 . The French intervention agency shall be respon­
supplied for human consumption to the Republic of            sible for the operations relating to the invitation to
Chad must meet the following requirements :                  tender provided tor by this Regulation .
 Grain sorghum :
                                                              2.     It shall forthwith communicate to the Commis­
must be of fair and sound merchantable quality, be
free    from  odour, with    a  moisture   content  not
                                                             sion the list of firms which have responded to the invi­
                                                              tation to tender, specifying the terms of each tender,
exceeding 14 % .                                             together with the name and business name of the
Maize :                                                       successful tenderer.
must be of fair and sound merchantable quality, be
free from odour, and correspond at least to the               3 . The intervention agency shall ask that the
standard quality for which the intervention price is          tenderer specifies the following information :
fixed .                                                      (a) after each shipment, a statement giving details of
 Common ivheat :                                                   the quantities loaded, the quality of the products
 must be of fair and sound merchantable quality, be                and their packaging.
 free from odour, and correspond at least to the              (b) the date of the departure of the ships, the expected
Standard quality for which the intervention price is               date of arrival of the products at their destination .
 fixed, except that the humidity shall not exceed             (c) all possible contingencies which might occur
 15-5 % and that a maximum tolerance of 3 % of                     during transportation of the products.
sprouted grains and 1 % of miscellaneous impurities
 shall be allowed .                                           The intervention agency shall transmit the informa­
                                                              tion provided for to the Commission as soon as it is
 2. Tenders for supply to the Republic of Chad of             received .
 the products specified in Article 1 must relate to
 products having the following characteristics :
                                                                                        Article 7
 Grain sorghum :
 must be of fair and sound merchantable quality, be           This Regulation shall enter into force on the day of its
 free   from   odour, with a moisture content not             publication in the Official Journal of the European
 exceeding 14% .                                               Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 30 November 1973 .
                                                                         For the Commission
                                                                             The President
                                                                        Francois-Xavier ORTOLI
 ---pagebreak--- No L 333 /24            Official Journal of the European Communities                4 . 12 . 73
                                            ANNEX
   Number of lot   Port of unloading                 Minimum rate of unloading Tonnage cif
        1                                                                        2 000
        2        ?          Ap apa                      Customs of the port      2 000
        3                                                                        2 000