31973R1602

16. 6. 73 Official Journal of the European Communities No L 159/37

REGULATION (EEC) No 1602/73 OF THE COMMISSION of 15 June 1973 concerning the issue of a new invitation to tender for the mobilization of common wheat as food aid for the Kingdom of Afghanistan

THE COMMISSION OF THE EUROPEAN Whereas the contract should be awarded to the COMMUNITIES , tenderer who makes the best offer ;

Having regard to the Treaty establishing the Euro­ Whereas it must be made clear who is to bear any pean Economic Community ; costs which arise in the event that for reasons of force majeure the operation in question is not Having regard to Council Regulation No 120/67/ completed within the time stipulated ; (EEC) (*) of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Whereas provision should be made for security to Regulation (EEC) No 1346/73 (2 ) ; be given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to Having regard to Council Regulation (EEC) No 290/ tender ; 69 (8) of 17 February 1969 laying down the condi­ tions for the mobilization of cereals as food for aid, Whereas it is important that the Commission be as amended by Regulation (EEC) No 832/69 (4 ), the informed without delay of the tenders submitted in period of validity of which was extended by Regu­ response to the invitation and of those accepted by lations (EEC) No 2338/69 (5) and No 2046/70 (6), the intervention agency ; and in particular Article 4 (2) thereof ; Whereas the measures provided for in this Regula­ Whereas on 6 April 1971 the Council of the Euro­ tion are in accordance with the Opinion of the pean Communities declared that by way of Commu­ Management Committee for Cereals ; nity action it proposed to grant to the Kingdom of Afghanistan 10 000 metric tons of common wheat under its 1970/71 food aid programme ; HAS ADOPTED THIS REGULATION : Whereas the invitation to tender opened in the Community under Commission Regulation (EEC) Article 1 No 1488/73 (7) of 4 June 1973 opening an invitation to tender for the mobilization of common wheat as 1 . An invitation to tender shall be issued in food aid for the Kingdom of Afghanistan was not respect of the bagging, loading, transport and allocated ; whereas a new invitation to tender delivery fob (sea port) of 10 000 metric tons of should therefore be opened ; common wheat to be supplied as Community food aid to the Kingdom of Afghanistan. Whereas examination of the state of the cereals market as regards intervention in France indicates 2. The tendering procedure shall take place in that Article 2 (2) of Council Regulation (EEC ) No France and shall be in respect of a single lot. 290/69 should be given application, and in parti­ cular thait the cereal's stocked in the storage depots 3 . The wheat shall be collected from the French of the intervention agency of the abovementioned intervention agency at the storage depots specified Member States should be mobilized and the terms in the Annex . of mobilization laid down ;

Whereas in the case of cereals held by intervention 4. The goods referred to in paragraph 1 shall be agencies an invitation to tender must be issued as delivered fob by the successful tenderer in new jute regards loading, transport and delivery fob. sacks of 50 kg net capacity, the quality of the sacks being CS 370 gr or better, to the port specified in Whereas the French intervention agency should be the Annex . made responsible for organizing the invitation to tender : The following shall be printed on the sacks : 'Wheat — Gift of the European Community' (*) OJ No 117, 19. 6 . 1967, p . 2269/67. (*) OJ No L 141 , 28 . 5 . 1973 , p . 8 . (») OJ No L 41 , 18 . 2 . 1969, p . 2. Article 2 (4) OJ No L 107, 6. 5 . 1969, p . 3 . (») OJ No L 298 , 27. 11 . 1969, p . 8 . 1 . The award of the contract shall take place on (•) O ! No L 228 , 15 . 10 . 1970, p . 1 . (7) OJ No L 149, 6 . 6. 1973 , p . 16 . 21 June 1973 .

No L 159/38 Official Journal of the European Communities 16. 6. 73

2. The closing date for submission of tenders 2. The security referred to in paragraph 1 may be shall be 21 June 1973 at 12 noon. given in the form of a cash deposit or of a guarantee issued by a credit institution which satis­ 3 . The notice of invitation to tender shall be fies the criteria laid down by the Member State published in the Official Journal of the European concerned. Communities not less than 2 days before the closing date for submission of tenders . Article 6

Article 3 The Common wheat to be supplied to the Kingdom of Afghanistan pursuant to Article 1 must be of The contract shall be awarded to the tenderer who sound, fair and1 marketable quality and correspond offers the most favourable terms. If it appears at least to the standard quality for which the inter­ however that the tenders submitted do not reflect vention price is fixed, except that the moisture normal market rates, the intervention agency may content shall not exceed 15·5 °/o and that a cancel the invitation to tender . maximum tolerance of 3 °/o in respect of sprouted grains and 1·5 %> in respect of miscellaneous impuri­ Article 4 ties shall be allowed .

If, because of delay in the provision of ships for Article 7 effecting transport by sea to the Kingdom of Afghan­ istan, the successful tenderer is unable to deliver 1 . The French intervention agency shall be the cereals fob on the date fixed in the invitation to responsible for organizing the invitation to tender tender, the costs resulting from such delay shall be provided for by this Regulation. borne by the intervention agency. 2 . It shall forthwith communicate to the Commis­ Article 5 sion a list of the firms which have responded to the invitation to tender, specifying the terms of each 1 . The successful tenderer shall give security in tender, together with the name and business name an amount of 10 units of account per metric ton ; of the successful tenderer. (the purpose of such security is to guarantee perfor­ mance of the operations specified in Article 1 . The Article 8 security shall be forfeit if those operations are not carried out within the time stipulated, save as This Regulation shall enter into force on the day of regard's quantities mot (delivered for reasons of force its publication in the Official Journal of the Euro­ majeure. pean Communities .

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

Done at Brussels, 15 June 1973 . For the Commission

The President

François-Xavier ORTOLI

16 . 6. 73 Official Journal of the European Communities No L 159/39

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