CELEX: 31973R3121
Language: en
Date: 1973-11-16 00:00:00
Title: Regulation (EEC) No 3121/73 of the Commission of 16 November 1973 opening an invitation to tender for the mobilization of common wheat as aid for the Republic of Tunisia

No L 316/28                              Official Journal of the European Communities                             17. 11 . 73
                            REGULATION (EEC) No 3121 /73 OF THE COMMISSION
                                                      of 16 November 1973
              opening an invitation to tender for the mobilization of common wheat as aid
                                                   for the Republic of Tunisia
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 way
tions for the mobilization of cereals as food aid, and                   of Community food-aid action, to the Republic of
in particular Article 6 thereof ;                                        Tunisia 25 000 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 three lots.
nity action it proposed to grant the Republic of
Tunisia 25 000 metric tons of common wheat under
                                                                    3 . The product shall be mobilized on the Community
the 1972/73 food-aid programme ;                                         market.
Whereas an analysis 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 port
3 (3) of Council Regulation (EEC) No 1693/72 should                      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 into the hold of the ship in the
 the product fob ; that is to say at the moment when                     port 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 26 November 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
                                                                         26 November 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 Tunisia ;                     Communities not less than six 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 these 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
 (3) OJ No L 178 , 5 . 8 . 1973, p . 3 .                             tion agency may cancel the invitation to tender.
 ---pagebreak--- 17. 11 . 73                         Official Journal of the European Communities                          No L 316/29
                        Article 4                             of sprouted grains and 1-5 of miscellaneous impurities
                                                              shall be allowed.
If the tenderer is unable to load the product fob
on the date given in the notice of invitation to tender
                                                                                         Article 7
as a 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 five 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 with the name and business name of the
operations specified in Article 1 are duly completed.          successful tenderer.
The security shall be forfeited if those 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.
The common wheat referred to in Article 1 to be
supplied to the Republic of Tunisia 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 15-5 % 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, 16 November 1973.
                                                                          For the Commission
                                                                              The President
                                                                         Francois-Xavier ORTOLI