31973R2356

No L 243/26 Official Journal of the European Communities 31 . 8 . 73

REGULATION (EEC) No 2356/73 OF THE COMMISSION of 30 August 1973 opening an invitation to tender for the mobilization of common wheat 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 Having regard to the Treaty establishing the Euro­ agency ; pean Economic Community ; Whereas the measures provided for in this Regula­ tion are in accordance with the Opinion of the Having regard to Council Regulation No 120/ Management Committee for Cereals ; 67/EEC (*) of 13 June 1967 on the common organi­ zation of the market in cereals, as last amended by Regulation (EEC) No 1346/73 (2 ) ; HAS ADOPTED THIS REGULATION : Having regard to Council Regulation ( EEC) No 1693/72 (8) of 3 August 1972 laying down the condi­ Article 1 tions for the mobilization of cereals as food aid, and in particular Article 6 thereof ; 1 . Tenders are hereby invited for the supply to Whereas on 8 August 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 10 000 metric tons of common wheat under — of 10 000 metric tons of common wheat. its 1972/73 food aid programme ; 2. The tendering procedure shall take place in Whereas analysis of the state of the Community cereals market indicates that the criteria of Article 3 France in 2 lots. The product shall be mobilized on the Community market. The products 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 Whereas the proposed invitation to tender should graph 1 is for supply of products delivered cif, that 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 removed from the ship's hold at the port of un­ loading. loading ; The recipient country shall bear all costs subsequent Whereas the award under the invitation to tender to delivery of the goods, including unloading costs must be made in favour of the tenderer offering the ( such as unstowing, hoisting and reception ) and any 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 the of the recipient country. The rates and detailed liability for any resulting costs ; arrangements relating thereto laid down in the contract between the authorized agent of the Whereas provision should be made for security Community referred to in Article 5 and the carrier to 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 inivtiation to tender for supplies to the Republic of country referred to in Article 5 . Senegal will be fulfilled ;

Whereas the intervention agency of France should , 4. The successful tenderer shall deliver the in any event, be made responsible for the tendering product specified in paragraph 1 in new jute sacks procedure in question ; of a net capacity of 50 kilogrammes. The following shall be printed on the sacks : (*) OJ No 117, 19. 6. 1967, p . 2269/67 . ' FROMENT TENDRE — Don de la Communauté (■) OJ No L 141 , 28 . 5 . 1973 , p . 8 . (*) OJ No L 178 , 5 . 8 . 1972 , p . 3 . économique européenne'.

31 . 8 . 73 Official Journal of the European Communities No L 243 /27

Article 2 2. Tenders for supply to the Republic of Senegal of the products specified in Article 1 must relate to 1 . The decision on tenders received in response products of common wheat of fair and sound to the invitation provided for in Article 1 shall be merchantable quality, free from odour, and corres­ taken on 10 September 1973 . pond at least to the standard quality for which the 2 . The closing date for submission of tenders intervention price is fixed, except that the humidity shall be 10 September at 12 noon . shall not exceed 15*5 %> and that a maximum toler­ ance of 3 % of sprouted grains and 1 °/o of miscel­ 3 . The notice of invitation to tender shall be laneous impurities shall be allowed . published in the Official Journal of the European Communities 6 days before the closing date for If the products specified in Article 1 do not meet submission of tenders . the foregoing requirements they shall be rejected and the successful tenderer shall be owner thereof.

Article3¶

The contract shall be awarded to the tenderer who 1 . The French intervention agency shall be makes the most favourable offer. However, if the responsible for the operations relating to the invita­ tenders submitted do not appear to correspond to tion to tender provided for by this Regulation . normal market prices and costs, the intervention 2 . It shall forthwith communicate to the Commis­ agency may cancel the invitation to tender. sion the list of firms which have responded to the Article 4 invitation to tender, specifying the terms of each tender, together with the name and business name 1 . The successful tenderer shall give security of a of the successful tenderer. value of 5 units of account per metric ton of the product ; the security is intended to guarantee that 3 . The intervention agency shall request the the operations specified in Article 1 are duly successful tenderer to supply the following informa­ completed. The security shall be forfeit if those oper­ tion : ations are not carried out within the prescribed time­ limit, save as regards quantities not delivered owing ( a) after each shipment, a certificate showing the to force majeure. quantities dispatched, the quality of the products and the type of packing ; 2. The security provided for in paragraph 1 may be given in form of cash deposit or of a guarantee ( b ) the date of departure of the ships, the esti­ issued by a credit institution conforming to the mated date of the arrival of the products at their criteria laid down by the Member State . destination ;

( c) incidents likely to occur during transport of the Article 5 products . 1 . The products specified in Article 1 to be The information indicated above shall be forwarded supplied for human consumption to the Republic of by the intervention agency to the Commission imme­ Senegal must be of fair and sound merchantable diately upon receipt. quality, be free from odour, and .correspond at least to the standard quality for which the intervention Article 7 price is fixed, except that the humidity shall not exceed 15-5 °/o and that a maximum tolerance of This Regulation shall enter into force on the day of 3 °/o of sprouted grains and 1 °/o of miscellaneous its publication in the Official Journal of the Euro­ impurities shall be allowed . pean Communities .

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

Done at Brussels , 30 August 1973 . For the Commission The President Francois-Xavier ORTOLI

No L 243 /28 Official Journal of the European Communities 31 . 8 . 73

ANNEX

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

1 Dakar 5 000 t 2 Dakar j Customs of the port 5000 t