CELEX: 31973R1765
Language: en
Date: 1973-06-29 00:00:00
Title: Regulation (EEC) No 1765/73 of the Commission of 29 June 1973 opening an invitation to tender for the mobilization of maize and wheaten meal as food aid for the countries of the Sahel

No L 177/8                                 Official Journal of the European Communities                             30 . 6 . 73
                              REGULATION (EEC) No 1765/73 OF THE COMMISSION
                                                          of 29 June 1973
              opening an invitation to tender for the mobilization of maize and wheaten meal as food
                                                 aid for the countries of the Sahel
THE COMMISSION OF THE EUROPEAN                                        time-limits, it should be made clear who is to bear
COMMUNITIES ,                                                         the liability for any resulting costs ;
                                                                      Whereas provisions should be made for security to
Having regard to the Treaty establishing the Euro­                     be given for the purpose of guaranteeing that the
pean Economic Community ;                                             obligations arising by virtue of participation in the
                                                                      invitation to tender for supplies to the countries of
                                                                      the Sahel will be fulfilled ;
Having regard to Council Regulation No 120/67/
EEC ( x ) of 13 June 1967 on the common organization
of the market in cereals, as last amended by Regu­                    Whereas the intervention agency of France should,
lation (EEC No 1346/73 (2 );                                          in any event, be made responsible for the tendering
                                                                      procedure in question ;
Having regard to Council Regulation ( EEC ) No                        Whereas the Commission must be informed quickly
1693/72 (3 ) of 3 August 1972 laying down the con­                    of the tenders submitted in response to the invitation
ditions for the mobilization of cereals as food aid,                  and of those accepted by the intervention agency ;
and in particular Article 6 thereof;
                                                                      Whereas the measures provided for in this Regulation
Whereas on 14 May and 25 June 1973 the Council                        are in accordance with the Opinion of the Man­
of the European Communities declared that by way                      agement Committee for Cereals ;
of Community action it proposed to grant the
countries of the Sahel 58 400 metric tons of maize
under its 1972/73 food aid programme ;
                                                                      HAS ADOPTED THIS REGULATION :
Whereas analysis of the state of the Community
cereals market indicates that the criteria of Article 3
(3 ) of Council Regulation ( EEC) No 1693 /72 should                                           Article 1
be applied, and that the products should be pur­
chased on the Community market ;
                                                                      1 . Tenders are hereby invited for the supply to the
                                                                       countries of the Sahel by way of Community food
Whereas the proposed invitation to tender should be                   aid action of 25 000 tons of maize and 3 165 tons of
for supply of the products delivered cif; that is at                  wheaten meal distributed as follows :
the moment when the goods are actually removed
 from the ship's hold at the port of unloading;                       Republic of Upper Volta :
                                                                      —     5 000 tons of maize ( lot No 1 );
Whereas the award under the invitation to tender
must be made in favour of the tenderer offering the                   —     5 000 tons of maize ( lot No 2).
best terms ;
                                                                       Republic of Mali:
Whereas, should force majeure make it impossible                      — 10 000 tons of maize ( lot No 3 );
to complete the operation in question within the set                  —     3 165 tons of wheaten meal ( lot No 4).
                                                                       Republic of Niger:
(^ OJ No 117, 19 . 6 . 1967, p . 2269/67.                              —    2 000 tons of maize (lot No 5 );
( 2) OJ No L 141 , 28 . 5 . 1973 , p . 8 .
( 3) OJ No L 178 , 5 . 8 . 1972 , p . 3 .                              —    3 000 tons of maize ( lot No 6).
 ---pagebreak---  30 . 6 . 73                           Official Journal of the European Communities                            No L 177/9
2. The tendering procedure shall take place in                    2 . The security provided for in paragraph 1 may
France in six lots . The products shall be mobilized              be given in form of a cash deposit or of a guarantee
on the Community market. The products shall be                    issued by a credit institution conforming to the
loaded for departure from a Community port.                       criteria laid down by the Member State .
3 . The invitation to tender provided for in para­
graph 1 is for supply of products delivered cif; that                                      Article 5
is at the moment when the goods are actually re­
 moved from the ship's hold at the port of unloading              1 . The products specifed in Article 1 to be supplied
as listed in the Annex .
                                                                  for human consumption to the countries of the
                                                                  Sahel must conform to the following characteristics :
4. The successful tenderer shall deliver the product
specified in paragraph 1 in new jute sacks of a net
capacity of 50 kilogrammes . The following shall be               Maize:
printed on the sacks :
                                                                  to be of fair and sound merchantable quality, be free
 'Mais                                                            from odour, and correspond at least to the standard
                — DON        DE     LA  COMMUNAUTE                quality for which the intervention price is fixed.
                     ECONOMIQUE EUROPEENNE'
                                                                  Wbeaten meal
                     Distribution gratuite
                                                                  — humidity :        14 °/o maximum ;
 ' Semoules
froment dur
                                                                  — acidity :         0·4 %> maximum expressed in
                — DON        DE     LA  COMMUNAUTE
                                                                                      0·4 g NaOH per kg of product ;
                     ECONOMIQUE EUROPEENNE'
                     Distribution gratuite
                                                                  — ash :             0·95 % maximum ;
                          Article 2                               — granulation :     not finer than 0·59 mm, No 30
                                                                                       mesh : 15 % maximum ;
 1 . The decision on tenders received in response to                                  finer than 0·149 mm, No 100
 the invitation provided for in Article 1 shall be taken                               mesh : 15 % maximum ;
 on 6 July 1973 .
                                                                  If the products provided for in Article 1 do not
2 . The closing date for submission of tenders shall              correspond to the above characteristics , they shall
 be 6 July 1973 at 12 noon.                                       be refused and shall be returned to the tenderer.
3 . The notice of invitation to tender shall be pub­
 lished in the Official Journal of the European Com­              2 . Tenders for supply to the countries of the Sahel
 munities not later than three days before the closing            of the products specified in Article 1 must relate to
 date for submission of tenders .                                 products of maize having the following character­
                                                                  istics :
                          Article 3
                                                                  Maize :
The contract shall be awarded to the tenderer who                 to be of fair and sound merchantable quality, be free
makes the highest offer. However, if the tenders                  from odour, and correspond at least to the standard
submitted do not appear to correspond to normal                    quality for which the intervention price is fixed.
market prices and costs, the intervention agency may
  cancel the invitation to tender .
                                                                   Wbeaten meal :
                                                                  — humidity :         14 °/o maximum ;
                          Article 4
                                                                  — acidity :         0·4 °/o maximum expressed in
  1 . The successful tenderer shall give security of a
                                                                                      0·4 g NaOH per kg of product;
 value of 5 units of account per metric ton of maize
 and 10 units of account per metric ton of wheaten
 meal ; the security is intended to guarantee that the            — ash :             0·95 ° /o maximum ;
 operations specified in Article 1 are duly completed.
 The security shall be forfeit if those operations are            — granulation :      not finer than 0·59 mm, No 30
 not carried out within the prescribed time-limit,                                     mesh : 15 °/o maximum ;
 save as regards quantities not delivered owing to                                     finer than 0·149 mm, No 100
 force majeure .                                                                       mesh : 15 %> maximum .
 ---pagebreak---  No L 177/ 10                        Official Journal of the European Communities                            30 . 6. 73
                         Article 6                              ( b ) the date of the departure of the ships, the ex­
                                                                      pected date of arrival of the products at their
 1 . The French intervention agency shall be respon­                  destination;
sible for the operations relating to the invitation to
tender provided for by this Regulation.                         ( c) all possible contingencies which might occur
                                                                      during transportation of the products.
2 . It shall forthwith communicate to the Commis­
sion the list of firms which have responded to the             The intervention agency shall transmit the infor­
invitation to tender, specifying the terms of each             mation provided for to the Commission as soon as
tender, together with the name and business name                it is received .
of the successful tenderer.
3 . The intervention agency shall ask that the ten­                                       Article 7
derer specifies the following information :
(a ) after each shipment, a statement giving details of        This Regulation shall enter into force on the day
     the quantities loaded, the quality of the products        of its publication in the Official Journal of the
     and their packaging ;                                      European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 29 June 1973 .
                                                                                    For the Commission
                                                                                        The President
                                                                                   Francois-Xavier ORTOLI
                                                        ANNEX
                                                                  Minimum rate
                 Number of lot    Port of unloading                of unloading                 Tonnage cif
                       1           Abidjan                                                        5 000 t
                       2           Abidjan                                                        5 000 t
                       3           Dakar                                                         10 000 t
                                                       Customs of the port
                       4           Abidjan                                                        3 165 t
                       5           Apapa                                                          2 000 t
                       6           Cotonou                                                        3 000 t