CELEX: 31973R2356
Language: en
Date: 1973-08-30 00:00:00
Title: Regulation (EEC) No 2356/73 of the Commission of 30 August 1973 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Senegal

No L 243/26                          Official Journal of the European Communities                              31 . 8 . 73
                                 REGULATION (EEC) No 2356/73 OF THE COMMISSION
                                                       of 30 August 1973
                 opening an invitation to tender for the mobilization of common wheat as food aid for
                                                     the Republic of Senegal
   THE COMMISSION OF THE EUROPEAN                                      Whereas the Commission must be informed quickly
   COMMUNITIES,                                                        of the tenders submitted in response to the invita­
                                                                       tion and of those accepted by the intervention
   Having regard to the Treaty establishing the Euro­                  agency ;
   pean Economic Community ;                                          Whereas the measures provided for in this Regula­
                                                                       tion are in accordance with the Opinion of the
   Having regard to Council Regulation No 120/                         Management Committee for Cereals ;
   67/EEC (*) of 13 June 1967 on the common organi­
   zation of the market in cereals, as last amended by
   Regulation (EEC) No 1346/73 (2 ) ;
                                                                      HAS ADOPTED THIS REGULATION :
  Having regard to Council Regulation ( EEC) No
   1693/72 (8) of 3 August 1972 laying down the condi­
  tions for the mobilization of cereals as food aid,                                         Article 1
   and in particular Article 6 thereof ;
                                                                      1 . Tenders are hereby invited for the supply to
  Whereas on 8 August 1973 the Council of the Euro­                   the Republic of Senegal, by way of Community
  pean Communities declared that by way of Commu­                     food aid action :
  nity action it proposed to grant the Republic of
  Senegal 10 000 metric tons of common wheat under                    — of 10 000 metric tons of common wheat.
  its 1972/73 food aid programme ;
  Whereas analysis of the state of the Community                      2. The tendering procedure shall take place in
  cereals market indicates that the criteria of Article 3            France in 2 lots. The product shall be mobilized on
  (3 ) of Council Regulation ( EEC ) No 1693 /72 should              the Community market. The products shall be
  be applied, and that the products should be                         loaded for departure from a Community port.
  purchased on the Community market ;
                                                                     3.     The invitation to tender provided for in para­
  Whereas the proposed invitation to tender should                   graph 1 is for supply of products delivered cif, that
  be for supply of the products delivered cif ; that is              is at the moment when the goods are actually
  at the moment when the goods are actually                         removed from the ship's hold at the port of un­
 removed from the ship's hold at the port of un­                     loading.
 loading ;
                                                                    The recipient country shall bear all costs subsequent
 Whereas the award under the invitation to tender                   to delivery of the goods, including unloading costs
 must be made in favour of the tenderer offering the                 ( such as unstowing, hoisting and reception ) and any
 best terms ;                                                        lighterage costs.
 Whereas, should force majeure make it impossible                    Any demurrage costs or dispatch money at the port
 to complete the operation in question within the set                of unloading shall be a charge on or for the benefit
 time-limits it must be made clear who is to bear the               of the recipient country. The rates and detailed
 liability for any resulting costs ;                               arrangements relating thereto laid down in the
Whereas provision should be made for security                      contract between the authorized agent of the
to be given for the purpose of guaranteeing that the .             Community referred to in Article 5 and the carrier
 obligations arising by virtue of participation in the             must have been agreed upon in advance by the auth­
 inivtiation to tender for supplies to the Republic of              orized agent and the receiving agent of the recipient
 Senegal will be fulfilled ;                                       country referred to in Article 5 .
Whereas the intervention agency of France should ,                4.       The   successful  tenderer  shall  deliver    the
in any event, be made responsible for the tendering                product specified in paragraph 1 in new jute sacks
procedure in question ;                                           of a net capacity of 50 kilogrammes. The following
                                                                  shall be printed on the sacks :
(*) OJ No 117, 19. 6. 1967, p . 2269/67 .                          ' FROMENT TENDRE — Don de la Communauté
(■) OJ No L 141 , 28 . 5 . 1973, p . 8 .
(*) OJ No L 178, 5 . 8 . 1972, p. 3 .                             économique européenne'.
 ---pagebreak---     31 . 8 . 73                      Official Journal of the European Communities                             No L 243 /27
                           Article 2                               2. Tenders for supply to the Republic of Senegal
                                                                   of the products specified in Article 1 must relate to
   1.     The decision on tenders received in response            products of common wheat of fair and sound
   to the invitation provided for in Article 1 shall be            merchantable quality, free from odour, and corres­
   taken on 10 September 1973 .                                    pond at least to the standard quality for which the
  2.     The closing date for submission of tenders                intervention price is fixed, except that the humidity
   shall be 10 September at 12 noon .                              shall not exceed 15*5 %> and that a maximum toler­
                                                                   ance of 3 % of sprouted grains and 1 °/o 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 6 days before the closing date for                  If the products specified in Article 1 do not meet
  submission of tenders .                                         the 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               1 . The French intervention agency shall be
  makes the most favourable offer. However, if the                responsible for the operations relating to the invita­
 tenders submitted do not appear to correspond to                 tion to tender provided for by this Regulation .
  normal market prices and costs, the intervention
  agency may cancel the invitation to tender.                    2.     It shall forthwith communicate to the Commis­
                                                                 sion the list of firms which have responded to the
                          Article 4                              invitation to tender, specifying the terms of each
                                                                 tender, together with the name and business name
  1 . The successful tenderer shall give security of a           of the successful tenderer.
 value of 5 units of account per metric ton of the
 product ; the security is intended to guarantee that           3.      The intervention agency shall request the
 the operations specified in Article 1 are duly                 successful tenderer to supply the following informa­
 completed. The security shall be forfeit if those oper­        tion :
 ations are not carried out within the prescribed time­
 limit, save as regards quantities not delivered owing           ( a) after each shipment, a certificate showing the
 to force majeure.                                                    quantities dispatched, the quality of the products
                                                                      and the type of packing ;
 2.      The security provided for in paragraph 1 may
 be given in form of cash deposit or of a guarantee             ( b ) the date of departure of the ships, the esti­
 issued by a credit institution conforming to the                     mated date of the arrival of the products at their
 criteria laid down by the Member State .                             destination ;
                                                                ( 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 Republic of              by the intervention agency to the Commission imme­
Senegal 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                                        Article 7
price is fixed, except that the humidity shall not
exceed 15-5 °/o and that a maximum tolerance of                This Regulation shall enter into force on the day of
3 °/o of sprouted grains and 1 °/o of miscellaneous            its publication in the Official Journal of the Euro­
impurities shall be allowed .                                  pean Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 30 August 1973 .
                                                                           For the Commission
                                                                              The President
                                                                         Francois-Xavier ORTOLI
 ---pagebreak--- No L 243 /28          Official Journal of the European Communities               31 . 8 . 73
                                          ANNEX
   Number of lot Port of unloading                Minimum rate of unloading Tonnage cif
        1
        2
                      Dakar
                      Dakar                  j Customs of the port           5 000 t
                                                                             5000 t