31973R1534

9 . 6 . 73 Official Journal of the European Communities No L 154/ 15

REGULATION (EEC) No 1534/73 OF THE COMMISSION of 8 June 1973 concerning the issue of an invitation to tender for the mobilization of 55 000 metric tons of common wheat as food aid for the People's Republic of Bangladesh

THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to COMMUNITES , be given to guarantee fulfilment of the obligations arising by nature of participation in the invitation Having regard to the Treaty establishing the Euro­ to tender ; pean Economic Community ; Whereas the Commission must be informed without Having regard to Council Regulation No 120/ delay of the tenders submitted in response to the 67/EEC ( x ) of 13 June 1967 on the common organi­ invitation and of those accepted by the intervention zation of the market in cereals , as last amended by agency ; Regulation (EEC) No 1346/73 (2) ; Whereas the measures provided for in this Regula­ Having regard to Council Regulation ( EEC ) No tion are in accordance with the Opinion of the 1693/72 (3) of 3 August 1972 laying down the condi­ Management Committee for Cereals : tions for the mobilization of cereals as food aid, and in particular Article 6 thereof ;

Whereas on 12 March 1973 the Council of the Euro­ HAS ADOPTED THIS REGULATION : pean Communities declared that by way of Commu­ nity action it proposed to grant to the People's Article 1 Republic of Bangladesh 175 000 metric tons of common wheat under its 1972/73 food aid 1 . An invitation to tender shall be issued in programme ; respect of the loading, transport, loading job (sea port) and delivery cif at port of unloading of 55 000 Whereas examination of the state of the cereals metric tons of common wheat to be supplied as market as regards intervention in France indicates Community food aid to the People's Republic of that Article 3 (2 ) of Council Regulation ( EEC ) No Bangladesh . The tendering procedure shall take 1693/72 should be given application , and in par­ place in France and shall be in respect of one ticular that the cereals stocked in the storage depots separate lot . of the intervention agency of the abovementioned Member State should be mobilized and the terms of 2. The invitation to tender provided for in para­ mobilization laid down ; graph 1 shall be for the carriage in bulk of a quan­ tity of common wheat from the place of storage to Whereas , in the case of cereals held by intervention the point of delivery cif ; that is the point when the agencies, an invitation to tender must be issued in presence of the goods in the ship's hold at the port respect of the loading, transport and delivery cif, of unloading is verified . that is up to the point when the presence of the goods in the ship's hold at the port of unloading is 3 . The successful tenderer shall deliver the goods verified ; cif at the ports specified in Annex II. Whereas the intervention agency of the Member States concerned should be made responsible for Article 2 organizing the invitation to tender ;

Whereas contracts should be awarded to the The wheat shall be collected from the intervention tenderers who make the best offers ; agency of France at the storage depots specified in Annex I. Whereas it must be made clear who is to bear any costs which arise where force majeure makes it Article 3 impossible for the operation in question to be completed within the time stipulated ; 1 . The award of tenders shall take place on 25 June 1973 .

H OJ No 117, 19 . 6. 1967, p . 2269/67. 2 . The closing date for submission of tenders ( 2) OJ No L 141 , 28 . 5 . 1973 , p . 8 . (3) OJ No L 178 , 5 . 8 . 1972 , p . 3 . shall be 25 June 1973 , at 12 noon .

No L 154/ 16 Official Journal of the European Communities 9 . 6 . 73

3 . The notice of invitation to tender shall be Article 6 published in the Official Journal of the European The common wheat to be supplied to the People's Communities not less than 10 days before the Republic of Bangladesh pursuant to Article 1 must closing date for submission of tenders. be of sound, fair and marketable quality and correspond at least to the standard quality for Article 4 which the intervention price is fixed, except that the Contracts shall be awarded to the tenderer or moisture content shall not exceed 14-5 %> and a tenderers who offer the most favourable terms . maximum tolerance of 3 °/o in respect of sprouted However, if it appears that the tenders submitted do grains and 1 % in respect of miscellaneous impuri­ ties shall be allowed . not reflect normal market rates , the intervention agency may cancel the invitation to tender. Article 7

Article S 1 . The intervention agency of France shall be responsible for organizing the invitation to tender 1 . The successful tenderer shall give security in provided for by this Regulation . an amount of 10 units of account per metric ton ; the purpose of such security is to guarantee perfor­ 2 . It shall forthwith communicate to the Commis­ mance of the operation specified in Articles 1 and 2. sion a list of the firms which have responded to the The security shall be forfeit if those operations are invitation to tender, specifying the terms of each not carried out within the time stipulated, save as tender, together with the name and business name regards quantities not delivered by reason of force of the successful tenderers . majeure. Article 8 2. The security provided for in paragraph 1 may be given in the form of a cash deposit or of a This Regulation shall enter into force on the day of guarantee issued by a credit institution satisfying the its publication in the Official Journal of the Euro­ criteria laid down by the Member States concerned. pean Communities .

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

Done at Brussels, 8 June 1973 .

For the Commission

The President

Francois-Xavier ORTOLI

9 . 6 . 73 Official Journal of the European Communities No L 154/ 17

ANNEX I

Number of lot Port of shipment Tonnage fob Address of store Town at which stored

1 Community ports 55 000 t whereof : 16 165 Silos de Châlons-sur-Marne Châlons-sur-Marne 11 432 Silos de Givet Givet 12 492 Silos d' Arleux Arleux 4 995 Silos d' Arleux Arleux 9 916 Silos d' Arleux Arleux

ANNEX 11

Number of lot Port of unloading Minimum rate of unloading Tonnage cif

Chittagong ) 33 000 t 1 ? Customs of the port Chaina 22 000 t