31973R1765

No L 177/8 Official Journal of the European Communities 30 . 6 . 73

REGULATION (EEC ) No 1765 /73 OF THE COMMISSION of 29 June 1973 opening an invitation to tender for the mobilization of maize and wheaten meal as food aid for the countries of the Sahel

THE COMMISSION OF THE EUROPEAN time-limits , it should be made clear who is to bear COMMUNITIES , the liability for any resulting costs ;

Whereas provisions should be made for security to be given for the purpose of guaranteeing that the Having regard to the Treaty establishing the Euro­ obligations arising by virtue of participation in the pean Economic Community ; invitation to tender for supplies to the countries of the Sahel will be fulfilled ; Having regard to Council Regulation No 120/ 67/ EEC ( x ) of 13 June 1967 on the common organization Whereas the intervention agency of France should, of the market in cereals, as last amended by Regu­ in any event, be made responsible for the tendering lation (EEC No 1346/73 (2 ); procedure in question ;

Having regard to Council Regulation ( EEC ) No Whereas the Commission must be informed quickly 1693/72 (3 ) of 3 August 1972 laying down the con­ of the tenders submitted in response to the invitation ditions for the mobilization of cereals as food aid, and of those accepted by the intervention agency ; and in particular Article 6 thereof;

Whereas the measures provided for in this Regulation Whereas on 14 May and 25 June 1973 the Council are in accordance with the Opinion of the Man­ of the European Communities declared that by way agement Committee for Cereals ; of Community action it proposed to grant the countries of the Sahel 58 400 metric tons of maize under its 1972/73 food aid programme ;

HAS ADOPTED THIS REGULATION : Whereas analysis of the state of the Community cereals market indicates that the criteria of Article 3 (3 ) of Council Regulation ( EEC ) No 1693 /72 should Article 1 be applied, and that the products should be pur­ chased on the Community market ; 1 . Tenders are hereby invited for the supply to the countries of the Sahel by way of Community food aid action of 25 000 tons of maize and 3 165 tons of Whereas the proposed invitation to tender should be wheaten meal distributed as follows : for supply of the products delivered cif; that is at the moment when the goods are actually removed from the ship's hold at the port of unloading; Republic of Upper Volta :

— 5 000 tons of maize ( lot No 1 ); Whereas the award under the invitation to tender — 5 000 tons of maize ( lot No 2 ). must be made in favour of the tenderer offering the best terms ; Republic of Mali :

Whereas, should force majeure make it impossible — 10 000 tons of maize ( lot No 3 ); to complete the operation in question within the set — 3 165 tons of wheaten meal ( lot No 4 ).

Republic of Niger: (^ OJ No 117, 19 . 6 . 1967, p . 2269/67. — 2 000 tons of maize ( lot No 5 ); ( 2) OJ No L 141 , 28 . 5 . 1973 , p . 8 . ( 3) OJ No L 178 , 5 . 8 . 1972 , p . 3 . — 3 000 tons of maize ( lot No 6 ).

30 . 6 . 73 Official Journal of the European Communities No L 177/9

2. The tendering procedure shall take place in 2 . The security provided for in paragraph 1 may France in six lots . The products shall be mobilized be given in form of a cash deposit or of a guarantee on the Community market . The products shall be issued by a credit institution conforming to the loaded for departure from a Community port. criteria laid down by the Member State .

3 . The invitation to tender provided for in para­ graph 1 is for supply of products delivered cif; that Article 5 is at the moment when the goods are actually re­ moved from the ship's hold at the port of unloading 1 . The products specifed in Article 1 to be supplied as listed in the Annex . for human consumption to the countries of the Sahel must conform to the following characteristics : 4 . The successful tenderer shall deliver the product specified in paragraph 1 in new jute sacks of a net capacity of 50 kilogrammes . The following shall be Maize : printed on the sacks : to be of fair and sound merchantable quality, be free ' Mais from odour, and correspond at least to the standard quality for which the intervention price is fixed. — DON DE LA COMMUNAUTE ECONOMIQUE EUROPEENNE' Wbeaten meal Distribution gratuite — humidity : 14 °/o maximum ; ' Semoules froment dur — acidity : 0·4 %> maximum expressed in — DON DE LA COMMUNAUTE 0·4 g NaOH per kg of product ; ECONOMIQUE EUROPEENNE' Distribution gratuite — ash : 0·95 % maximum ;

Article 2 — granulation : not finer than 0·59 mm , No 30 mesh : 15 % maximum ; 1 . The decision on tenders received in response to finer than 0·149 mm, No 100 the invitation provided for in Article 1 shall be taken mesh : 15 % maximum ; on 6 July 1973 . If the products provided for in Article 1 do not 2 . The closing date for submission of tenders shall correspond to the above characteristics , they shall be refused and shall be returned to the tenderer. be 6 July 1973 at 12 noon .

3 . The notice of invitation to tender shall be pub­ lished in the Official Journal of the European Com­ 2 . Tenders for supply to the countries of the Sahel munities not later than three days before the closing of the products specified in Article 1 must relate to date for submission of tenders . products of maize having the following character­ istics :

Article 3 Maize : The contract shall be awarded to the tenderer who to be of fair and sound merchantable quality, be free makes the highest offer. However, if the tenders from odour, and correspond at least to the standard submitted do not appear to correspond to normal quality for which the intervention price is fixed . market prices and costs , the intervention agency may cancel the invitation to tender . Wbeaten meal :

— humidity : 14 °/o maximum ; Article 4 — acidity : 0·4 °/o maximum expressed in 1 . The successful tenderer shall give security of a 0·4 g NaOH per kg of product; value of 5 units of account per metric ton of maize and 10 units of account per metric ton of wheaten — ash : 0·95 ° /o maximum ; meal ; the security is intended to guarantee that the operations specified in Article 1 are duly completed . The security shall be forfeit if those operations are — granulation : not finer than 0·59 mm , No 30 not carried out within the prescribed time-limit, mesh : 15 °/o maximum ; save as regards quantities not delivered owing to finer than 0·149 mm , No 100 mesh : 15 %> maximum . force majeure .

No L 177/ 10 Official Journal of the European Communities 30 . 6 . 73

Article 6 ( b ) the date of the departure of the ships, the ex­ pected date of arrival of the products at their 1 . The French intervention agency shall be respon­ destination ; sible for the operations relating to the invitation to tender provided for by this Regulation. ( c) all possible contingencies which might occur during transportation of the products. 2 . It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the The intervention agency shall transmit the infor­ invitation to tender, specifying the terms of each mation provided for to the Commission as soon as tender, together with the name and business name it is received . of the successful tenderer.

3 . The intervention agency shall ask that the ten­ Article 7 derer specifies the following information :

(a ) after each shipment, a statement giving details of This Regulation shall enter into force on the day the quantities loaded, the quality of the products of its publication in the Official Journal of the and their packaging ; European Communities .

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

Done at Brussels , 29 June 1973 .

For the Commission

The President

Francois-Xavier ORTOLI

ANNEX

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

1 Abidjan 5 000 t 2 Abidjan 5 000 t 3 Dakar 10 000 t Customs of the port 4 Abidjan 3 165 t 5 Apapa 2 000 t 6 Cotonou 3 000 t