31973R2250

No L 230/ 18 Official Journal of the European Communities 18 . 8 . 73

REGULATION (EEC) No 2250/73 OF THE COMMISSION of 17 August 1973 opening an invitation to tender for the mobilization of maize as food aid for the countries of the Sahel

THE COMMISSION OF THE EUROPEAN Whereas the measures provided for in this Regulation COMMUNITIES, are in accordance with Opinion of the Management Committee for Cereals : Having regard to the Treaty establishing the European Economic Community ;

Having regard to Council Regulation No 120/ HAS ADOPTED THIS REGULATION : 67/EEC (1 ) 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); Article 1 Having regard to Council Regulation (EEC) No 1693/72 (3) of 3 August 1972 laying down the condi­ 1 . Tenders are hereby invited for the supply to the tions for the mobilization of cereals as food aid, and countries of the Sahel by way of Community food aid in particular Article 6 thereof ; action of 1 2 400 tons of maize distributed as follows : Whereas on 14 May and 25 June 1973 the Council of Republic of Upper Volta : 4 900 tons of maize (lot the European Communities declared that by way of No 1 ). Community action it proposed to grant the countries of the Sahel 58 400 metric tons of maize under its Republic of Mali : 5 000 tons of maize (lot No 2). 1972/73 food aid programme ; Republic of Niger : 2 500 tons of maize (lot No 3). Whereas analysis of the state of the Community cereals market indicates that the criteria of Article 3 2. The tendering procedure shall take place in (3) of Council Regulation (EEC) No 1693/72 should France in three lots. The products shall be mobilized be applied, and that the products should be purchased on the Community market. The products shall be on the Community market ; loaded for departure from a Community port.

Whereas the proposed invitation to tender should be 3 . The invitation to tender provided for in para­ for supply of the products delivered cif ; that is at the graph 1 is for supply of products delivered cif, that is moment when the goods are actually removed from at the moment when the goods are actually removed the ship's hold at the port of unloading ; from the ship's hold at the port of unloading as listed Whereas the award under the invitation to tender in the Annex . must be made in favour of the tenderer offering the best terms ; 4. The successful tenderer shall deliver the product specified in paragraph 1 in new jute sacks of a net Whereas, should force majeure make it impossible to capacity of 50 kilogrammes. The following shall be complete the operation in question within the set printed on the sacks : time limits, it should be made clear who is to bear the liability for any resulting costs ; 'Mais — Don de la Communaute economique euro­ peenne — Distribution gratuite.' Whereas provisions should be made for security to be given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ Article 2 tion to tender for supplies to the countries of the Sahel will be fulfilled ; 1 . The decision on tenders received in response to Whereas the intervention agency of France should, in the invitation provided for in Article 1 shall be taken any event, be made responsible for the tendering on 31 August 1973 . procedure in question ; 2. The closing date for submission of tenders shall Whereas the Commission must be informed quickly be 31 August 1973 at 12 noon . of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; 3 . The notice of invitation to tender shall be published in the Official Journal of the European 0 ) OJ No 117, 19 . 6. 1967, p. 2269/ 67 . (2) OJ No L 141 , 28 . 5. 1973 , p. 8 . Communities not later than three days before the (3) OJ No L 178 , 5. 8 . 1972, p. 3 . closing date for submission of tenders .

18 . 8 . 73 Official Journal of the European Communities No L 230/ 19

Article 3 products of maize having the following characteris­ tics : The contract shall be awarded to the tenderer who Maize : makes the highest offer. However, if the tenders submitted do not appear to correspond to normal — to be of fair and sound merchantable quality, be market prices and costs, the intervention may cancel free from odour, and correspond at least to the the invitation to tender. standard quality for which the intervention price is fixed . Article 4 Article 6 1 . The successful tenderer shall given security of a value of 5 units of account per metric ton of maize ; 1 . The French intervention agency shall be respon­ the security is intended to guarantee that the opera­ sible for the operations relating to the invitation to tions specified in Article 1 are duly completed. The tender provided for by this Regulation . security shall be forfeit if those operations are not 2 . It shall forthwith communicate to the Commis­ carried out within the prescribed time limit, save as sion the list of firms which have responded to the invi­ regards quantities not delivered owing to force tation to tender, specifying the terms of each tender, majeure. together with the name and business name of the 2. The security provided for in paragraph 1 may be successful tenderer. given in form of a cash desposit or of a guarantee issued by a credit institution conforming to the 3 . The intervention agency shall ask that the tenderer specifies the following information : criteria laid down by the Member State . (a) after each shipment, a statement giving details of Article 5 the quantities loaded, the quality of the products and their packaging ; 1 . The products specified in Article 1 to be (b) the date of the departure of the ships, the expected supplied for human consumption to the countries of the Sahel : date of arrival of the products at their destination ; (c) all possible contingencies which might occur Maize : during transportation of the products. — to be of fair and sound merchantable quality, be free from odour, and correspond at least to the The intervention agency shall transmit, the informa­ standard quality for which the intervention price is tion provided for to the Commission as soon as it is fixed . received . If the products provided for in Article 1 do not corres­ Article 7 pond to the above characteristics, they shall be refused and shall be returned to the tenderer. This Regulation shall enter into force on the day of its 2. Tenders for supply to the countries of the Sahel publication in the Official Journal of the European Communities. of the products specified in Article 1 must relate to

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

Dona at Brussels , 17 August 1973 .

For the Commission

The President

François-Xavier ORTOLI

No L 230/20 Official Journal of the European Communities 18 . 8 . 73

ANNEX

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

1 Tema 4 900 1 2 Abidjan Customs of the port 5 000 t 3 Cotonou 2 500 t