31973R0438

17. 2. 73 Official Journal of the European Communities No L 45/23

REGULATION (EEC) No 438/73 OF THE COMMISSION of 16 February 1973 opening an invitation to tender for the mobilization of grain sorghum and maize as food aid for the Republic of Mali

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 Having regard to Council Regulation No 120/ tion are in accordance with the Management 67/ EEC (*) of 13 June 1967 on the common organi­ Committee for Cereals ; zation of the market in cereals , as last amended by the Act ( 2 ) annexed to the Treaty ( 3 ) on the Acces­ HAS ADOPTED THIS REGULATION : sion of new Member States to the European Economic Community and the European Atomic Article 1 Energy Community, signed at Brussels on 22 January 1972 ; 1 . Tenders are hereby invited for the supply to the Republic of Mali, by way of Community food Having regard to Council Regulation (EEC ) No aid action : 1693/72 (4 ) of 3 August 1972 laying down the condi­ tions for the mobilization of cereals as food aid, — of 4 000 metric tons of grain sorghum, and and in particular Article 6 thereof ; — of 3 000 metric tons of maize . Whereas on 23 May 1972 the Council of the Euro­ pean Communities declared that by way of Commu­ 2 . The tendering procedure shalll take place in nity action it proposed to grant the Republic of France in 1 lot . Mali 4 000 metric tons of grain sorghum and 3 000 metric tons of maize under its 1971 / 72 food aid The products shall be mobilized on the Community market. programme ; Whereas analysis of the state of the French cereals The products shall be loaded for departure from market indicates that the criteria of Article 3 ( 3 ) of Community ports . Council Regulation ( EEC ) No 1693/72 should be applied, and that the products should be purchased 3 . The invitation to tender provided for in para­ on the Community market ; graph 1 is for supply of products delivered free-at­ frontier, not unloaded, to Ouangolodougou via Whereas the proposed invitation to tender should be Abidjan . for supply of the products delivered free-at-frontier, not unloaded, to Ouangolodougou via Abidjan ; 4 . The successful tenderer shall deliver the Whereas the award under the invitation to tender products specified in paragraph 1 in new jute sacks must be made in favour of the tenderer offering the of a net capacity of 50 kilogrammes . The following best terms ; shall be printed on the sacks :

Whereas, should force majeure make it impossible ' Sorgho — Don de la Communaute economique to complete the operation in question within the set europeenne '. time limits , it must be made clear who is to bear the liability for any resulting costs ; ' Mais — Don de la Communaute economique euro­ Whereas provision should be made for security to peenne'. be given for the purpose of guaranteeing that the Article 2 obligations arising by virtue of participation in the invitation to tender for supplies to the Republic of 1 . The decision on tenders received in response to Mali will be fulfilled ; the invitation provided for in Article 1 shall be taken on 5 March 1973 . Whereas the intervention agency of the Member State should , in any event, be made responsible for the tendering procedure in question ; 2. The closing date for submission of tenders shall be 5 March 1973 at 12 noon . ( J ) OJ No 117, 19 . 6 . 1967, p . 2269/67. (2 ) Of No L 73 , 27. 3 . 1972 , p. 14 . 3 . The notice of invitation to tender shall be (3) OJ No L 73 , 27. 3 . 1972 , p. 5 . ( 4 ) Oj No L 178 , 5 . 8 . 1972 , p. 3 . published in the Official Journal of the European

No L 45 /24 Official Journal of the European Communities 17. 2. 73

Communities not dess ithan 10 days before the Maize : closing date for submission of tenders. must be of fair and sound merchantable quality, be free from odour, and correspond at least to the Article 3 standard quality for which the intervention price is fixed. The contract shall be awarded to the tenderer who makes the most favourable offer. However, if the 2. Tenders for supply to the Republic of Ma'li of tenders submitted do not appear to correspond to the products specified in Article 1 must relate to normal market prices and cost, the intervention products of the following characteristics : agency may caned the invitation to tender. Grain sorghum : Article 4 must be of fair and sound merchantable quality, be free from odour, with a moisture content not 1 . The successful tenderer shall give security of a exceeding 14 %>. value of 5 units of account per metric ton of the product ; the security is intended to guarantee that Maize : the operations specified in Article 1 are duly completed. The security shall be forfeit if those oper­ must be of fair and sound merchantable quality, be ations are not carried out within the prescribed time free from odour, and correspond at least to the limit, save as regards quantities not delivered owing standard quality for which the intervention price is fixed. to force majeure. Article 6 2. The security provided for in paragraph 1 may be given in the form of a cash deposit or of a 1 . The French intervention agency shall be respon­ guarantee issued by a credit institution conforming sible for the operations relating to the invitation to to the criteria laid down by the Member State . tender provided for by this Regulation.

2 . It shall forthwith communicate to the Commis­ Article 5 sion the list of firms which have responded to the 1 . The products specified in Article 1 to be invitation to tender, specifying the terms of each supplied for human consumption to the Republic of tender, together with the name and business name Mali must meet the following requirements : of the successful tenderer.

Grain sorghum : Article 7 must be of fair and sound merchantable quality, be This Regulation sha'1'1 enter into force on the day of free from odour, with a moisture content not its publication in the Official Journal of the exceeding 14 %. European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 16 February 1973 .

For the Commission

The President Francois-Xavier ORTOLI