31973R1488

No L 149 / 16 6 . 6 . 73 Official Journal of the European Communities

REGULATION (EEC) No 1488/73 OF THE COMMISSION

of 4 June 1973 concerning the issue of an invitation to tender for the mobilization of common wheat as food aid for the Kingdom of Afghanistan

THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES, given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ; Having regard to the Treaty establishing the European Economic Community ; Whereas it is important that the Commission be informed without delay of the tenders submitted in Having regard to Council Regulation No 120/ response to the invitation and of those accepted by 67/EEC ( 1 ) of 13 June 1967 on the common organiza­ the intervention agency ; tion of the market in cereals, as last amended by Regu­ lation (EEC) No 1346/73 0 ; Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ ment Committee for Cereals : Having regard to Council Regulation (EEC) No 290/69 (3) of 17 February 1969 laying down the condi­ tions for the mobilization of cereals as food for aid, as amended by Regulation (EEC) No 832/69 (4), the HAS ADOPTED THIS REGULATION : period of validity of which was extended by Regula­ tions (EEC) No 2338 /69 (*) and No 2046/70 (<>), and in particular Article 4 (2) thereof ; Article 1

Whereas on 6 April 1971 the Council of the Euro­ 1 . An invitation to tender shall be issued in respect pean Communitites declared that by way of Commu­ of the bagging, loading, transport and delivery fob (sea nity action it proposed to grant to the Kingdom of port) of 10 000 metric tons of common wheat to tbe Afghanistan 10 000 metric tons of common wheat supplied as Community food aid to the Kingdom of under its 1970/71 food aid programme ; Afghanistan.

Whereas examination of the state of the cereals 2. The tendering procedure shall take place in market as regards intervention in France indicates that France and shall be in respect of a single lot. Article 2 (2) of Council Regulation (EEC) No 290/69 should be given application, and in particular that the 3 . The wheat shall be collected from the French cereals stocked in the storage depots of the interven­ intervention agency at the storage depots specified in tion agency of the abovementioned Member States the Annex . should be mobilized and the terms of mobilization laid down ; 4. The foods referred to in paragraph 1 shall be delivered fob by the successful tenderer in new jute Whereas in the case of cereals held by intervention sacks of 50 kg net capacity, the quality of the sacks agencies an invitation to tender must be issued as being CS 370 gr or better, to the port specified in the regards loading, transport and delivery fob. ' Annex .

Whereas the French intervention agency should be The following shall be printed on the sacks : made responsible for organizing the invitation to tender ; 'Wheat — Gift of the European Community'.

Whereas the contract should be awarded to the tenderer who makes the best offer ; Article 2

Whereas it must be made clear who is to bear any 1 . The award of the contract shall take place on 12 costs which arise in the event that for reasons of force June 1973 . majeure the operation in question is not completed within the time stipulated ; 2. The closing date for submission of tenders shall be 12 June 1973 at 12 noon. (>) OJ No 117, 19 . 6. 1967, p. 2269/ 67: (2 ) OJ No 141 , 28 . 5 . 1973 , p. 8 . 3 . The notice of invitation to tender shall be (3) OJ No L 41 , 18 . 2. 1969, p . 2. published in the Official Journal of the European (4) OJ No L 107, 6 . 5. 1969 , p. 3 . (5) OJ No L 298 , 27. 11 . 1969 , p. 8 . Communities not less than seven days before the (6) OJ No L 228 , 15. 10 . 1970, p . 1 . closing date for submission of tenders.

6 . 6 . 73 Official Journal of the European Communities No L 149 / 17

Article3¶

The contract shall be awarded to the tenderer who The common wheat to be supplied to the Kingdom of offers the most favourable terms. If it appears however Afghanistan pursuant to Article 1 must be of sound, that the tenders submitted do not reflect normal fair and marketable quality and correspond at least to market rates, the intervention agency may cancel the the standard quality for which the intervention price invitation to tender . is fixed, except that the moisture content shall not exceed 15.5 % and that a maximum tolerance of 3 % Article 4 in respect of sprouted grains and 1.5 % in respect of miscellaneous impurities shall be allowed. If, because of delay in the provision of ships for effecting transport by sea to the Kingdom of Afghan­ Article 7 istan, the successful tenderer is unable to deliver the cereals fob on the date fixed in the invitation to 1 . The French intervention agency shall be respon­ tender, the costs resulting from such delay shall be sible for organizing the invitation to tender provided borne by the intervention agency. for by this Regulation .

Article 5 2. It shall forthwith communicate to the Commis­ sion a list of the firms which have responded to the 1 . The successful tenderer shall give security in an invitation to tender, specifying the terms of each amount of 10 units of account per metric ton ; the tender, together with the name and business name of purpose of such security is to guarantee performance the successful tenderer. of the operations specified in Article 1 . The security shall be forfeit if those operations are not carried out within the time stipulated, save as regards quantities Article 8 not delivered for reasons of force majeure. This Regulation shall enter into force on the day of its 2. The security referred to in paragraph 1 may be publication in the Official Journal of the European given in the form of a cash deposit or of a guarantee Communities. issued by a credit institutiton which satisfies the criteria laid down by the Member State concerned . This Regulation shall apply from 5 June 1973 .

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

Done at Brussels , 4 June 1973 .

For the Commission

The President

François-Xavier ORTOLI

No L 149 / 18 Official Journal of the European Communities 6 . 6. 73

ANNEX

No of lot Port of shipment Tonnage fob Address of store Town at which stored

1 Rouen 10 000 t whereof : 168 Silos de Givet Givet 1500 Silos de Givet Givet 8 332 Silos de Saint-Ouen- Saint-Ouenl'Aumône l'Aumône