31973R1976

No L 201 /24 Official Journal of the European Communities 21 . 7 . 73

REGULATION (EEC) No 1976/73 OF THE COMMISSION of 20 July 1973 opening an invitation to tender for the mobilizatioh of common wheat as aid ' for the Republic of Peru

THE COMMISSION OF THE EUROPEAN Whereas the Commission must be informed quickly COMMUNITIES, of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to the Treaty establishing the European Economic Community ; 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 No .120/ 67/EEC (l) of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ lation (EEC) No 1346/73 (2); HAS ADOPTED THIS REGULATION :

Having regard to Council Regulation (EEC) No Article 1 1 693/72 (3) of 3 August 1972 laying down the condi­ tions for the mobilization of cereals as food aid, and in particular Article 6 thereof ; - 1 . Tenderers are hereby invited for the supply, by way of Community food aid action, to the Republic of Peru 13 500 metric tons of common wheat. Whereas on 23 May 1972 the Council of the Euro­ pean Communities declared that by way of Commu­ 2. The tendering procedure shall take place in the nity action it proposed to grant the Republic of Peru Republic of France in one lot. 13 500 metric tons of common wheat under the 1971 /72 food aid programme ; 3. The product shall be mobilized on the Commu­ nity market. Whereas an analysis of the state of the cereals market in the Community indicates that the criteria of Article 4. Loading shall take place for shipment from a 3 (3) of Council Regulation (EEC) No 1693/72 should port of the Community. be applied, and that the product should be bought on the Community market ; 5. The product referred to in paragraph 1 is to be loaded fob, that is to say at the moment when the Whereas tenders should be invited for the supply of goods are loaded into the hold of the ship in the port the product fob ; that is to say at the moment when of loading in bulk by the tenderer. the goods are loaded into the hold of the ship in the Article 2 port of loading ;

Whereas the contract should be awarded to the 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken tenderer offering the best terms ; on 6 August 1973 . Whereas in case it should be impossible for reasons of 2. The closing date for submission of tenders shall force majeure to complete the operation in question be 6 August 1973 at 12 noon . within the set limits, it must be made clear who is to bear any costs resulting therefrom ; 3 . The notice of invitation to tender shall be published in the Official Journal of the European Whereas provision should be made for security to be Communities not less than ten days before the closing given to guarantee fulfilment of the obligations "arising date for submission of tenders . by virtue of participation in the invitation to tender for the supply of wheat to the Republic of Peru ; Article 3 Whereas the French intervention agency should, at all The contract shall be awarded to the tenderer who events, be made responsible for the tendering proce­ makes the most favourable offer. dure in question ;

However, if the tenders submitted do not appear to (■) OJ No 117, 19. 6. 1967, p. 2269/67. (2) OJ No L 141 , 28 . 5. 1973, p. 8 . reflect normal market prices and costs, the interven­ (3) OJ No L 178 , 5. 8 . 1972, p. 3 . tion agency may cancel the invitation to tender.

21 . 7 . 73 Official Journal of the European Communities No L 201 /25

Article 4 sprouted grains and 1 -5 % of miscellaneous impuri­ ties shall be allowed. If the tenderer is unable to load the product fob on the date given in the notice of invitation to tender as a Article 7 result of the late availability of the vessels to be used for sea transportation, the resulting costs shall be 1 . The French intervention agency shall be respon­ borne by the intervention agency. sible for operations relating to the invitation to tender provided for by this Regulation. Article 5 * 2. It shall forthwith communicate to the Commis­ 1 . The successful tenderer shall give security of a sion the list of firms which have responded to the invi­ value of 5 units of account per metric ton of the tation to tender, specifying the terms of each tender, product ; the security is intended to guarantee that the together with the name and business name of the operations specified in Article 1 are duly completed. successful tenderer. TTie security shall be forfeited if these operations are not carried out within the prescribed time limit, save 3 . The intervention agency shall request the as regards quantities not delivered owing to force successful tenderer to supply the following informa­ tion : majeure. 2. The security required under paragraph 1 may be (a) after each shipment a certificate showing the quan­ provided in the form of a cash deposit or of a tities dispatched and the quality of the products ; guarantee issued by a credit institution conforming to (b) the date of departure of the ships. criteria laid down by each Member State. The information indicated above shall be forwarded Article 6 by the intervention agency to the Commission imme­ diately upon receipt. 1 . The common wheat referred to in Article 1 to be supplied to the Republic of Peru must be of fair and Article 8 sound merchantable quality and correspond at least to the standard quality for which the intervention price This Regulation shall enter into force on the day of its is fixed, except that the humidity shall not exceed publication in the Official Journal of the European 1 5-5 % and that a maximum tolerance of 3 % of Communities.

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

Done at Brussels, 20 July 1973. For the Commission

The President

Francois-Xavier ORTOLI