31973R1536

No L 154/20 Official Journal of the European Communities 9 . 6 . 73

REGULATION (EEC) No 1536/73 OF THE COMMISSION of 8 June 1973 opening an invitation to tender for the mobilization of maize 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 Hasving 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 Opinion of the 67/EEC (*) of 13 June 1967 on the common organi­ Management Committee for Cereals ; zation of the market in cereals, as last amended by Regulation (EEC) No 1346/73 (2) ;

Having regard to Council Regulation (EEC) No HAS ADOPTED THIS REGULATION : 1693 /72 ( 3) 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 12 March 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 5 000 metric tons of maize under its — of 5 000 metric tons of maize . 1972/73 food-aid programme ; 2. The tendering procedure shall take place in Whereas analysis of the state of the Community France in one lot. The product shall be mobilized on cereals market indicates that the criteria of Article 3 the Community market. The product shall be ( 3 ) of Council Regulation (EEC) No 1693 /72 should loaded for departure from a Community port. be applied, and that the products should be purchased on the Community market ; 3 . The invitation to tender provided for in para­ graph 1 is for supply of products delivered cif, that Whereas the proposed invitation to tender should 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 loading. removed from the ship 's hold at the port of un­ loading ; The recipient country shall bear all costs subsequent Whereas the award under the invitation to tender to delivery of the igoods, including unloading costs ( such as unloading, hoisting and reception) and any must be made in favour of the tenderer offering the 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 of, the recipient country. The rates and detailed the liability for any resulting costs ; arrangements relating thereto laid down in the contract between the authorized agent of the Whereas provisions should be made for security to Community referred to in Article 5 and the carrier, be given for the purpose of guaranteeing that the must have been agreed upon in advance by the auth­ obligations arising by virtue of participation in the orized agent and the receiving agent of the recipient invitation to tender for supplies to the Republic of country referred to in Article 5 . Senegal will be fulfilled ; 4. The successful tenderer shall deliver the Whereas the intervention agency of France should, product specified in paragraph 1 in new jute sacks in any event, be made responsible for the tendering of a net capacity of 50 kilogrammes. The following procedure in question ; shall be printed on the sacks : (^ OJ No 117, 19 . 6. 1967, p . 2269/67. 'Mais — Don de la Communauté économique euro­ H OJ No L 141 , 28 . 5 . 1973 , p . 8 . (3) Oj No L 178 , 5 . 8 . 1972, p. 3 . péenne '.

9 . 6 . 73 Official Journal of the European Communities No L 154/21

Article 2 guarantee issued by a credit institution conforming to the criteria laid down by the Member State. 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be Article 5 taken on 14 June 1973 . 1 . The products specified in Article 1 to be 2. The closing date for submission of tenders supplied for human consumption to the Republic of shall 'be 14 June 1973 at 12 noon . Senegal must be of fair and sound merchantable quality, be free from odour, and correspond at least 3 . The notice of invitation to tender shall be to the standard quality for which the intervention published in the Official Journal of the European price is fixed . Communities the day before the closing date for submission of tenders . 2. Tenders for supply to the Republic of Senegal of the products specified in Article 1 must relate to Article 3 products of maize of fair and sound merchantable quality, free from odour, and correspond at least to The contract shall! be awarded to the tenderer who the standard quality for which the intervention makes the most favourable offer. However, if the price is fixed . tenders submitted do not appear to correspond to Article 6 normal market prices and costs, the intervention agency may cancel the invitation to tender. 1 . The French intervention agency shall be responsible for the operations relating to the invita­ Article 4 tion to tender provided for by this Regulation .

2 . It shall forthwith communicate to the Commis­ 1 . The successful tenderer shall give security of a value of 5 units of account per metric ton of the sion the list of firms which have responded to the invitation to tender, specifying the terms of each product ; the secruity is intended to guarantee that tender, together with the name and business name the operations specified in Article 1 are duly of the successful tenderer. completed. The security shall be forfeit if those oper­ ations are not carried out within the prescribed time­ limit, save as regards quantities not delivered Article 7 owing to force majeure. This Regulation shall enter into force on the day of 2. The security provided for in paragraph 1 may its publication in the Official Journal of the Euro­ be given in the form of a cash deposit or of a 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

François-Xavier ORTOLI

ANNEX

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

1 Dakar Customs of the port 5 000 t