31973R2509

No L 259 / 14 Official Journal of the European Communities 15 . 9 . 73

REGULATION EEC No 2509/ 73 OF THE COMMISSION of 14 September 1973 opening an invitation to tender for the mobilization of common wheat as aid for the Republic of Lebanon

THE COMMISSION OF THE EUROPEAN Whereas the measures provided for in this Regulation COMMUNITIES, are in accordance with the Opinion of the Manage­ ment 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 ( ] ) 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 1 693 /72 (3) of 3 August 1972 laying down the condi­ 1 . Tenders are hereby invited for the supply, by tions for the mobilization of cereals as food aid , and way of Community food aid action , to the Republic of Lebanon of 10 000 metric tons of common wheat . in particular Article 6 thereof ;

Whereas on 23 May 1972 the Council of the Euro­ 2 . The tendering procedure shall take place in the pean Communities declared that by way of Commu­ Republic of France in one lot. nity action it proposed to grant the Republic of Lebanon 10 000 metric tons of common wheat under 3 . The product shall be mobilized on the Commu­ the 1971 /72 food aid programme ; nity market.

Whereas an anlysis of the state of the cereals market 4. Loading shall take place for shipment from a in the Community indicates that the criteria of Article port of the Community. 3 (3) of Council Regulation ( EEC) No 1693 /72 should be applied, and that the product should be bought on 5 . The product referred to in paragraph 1 is to be the Community market ; loaded fob, that is to say at the moment when the Whereas tenders should be invited for the supply of goods are loaded int6 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 port of loading ; Article 2 Whereas the contract should be awarded to the tenderer offering the best terms ; 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken Whereas in case it should be impossible for reasons of on 1 October 1973 . force majeure to complete the operation in question within the set time limits , it must be made clear who 2. The closing date for submission of tenders shall is to bear any costs resulting therefrom ; be 1 October 1973 at 12 noon . Whereas provision should be made for security to be 3 . The notice of invitation to tender shall be given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender published in the Official Journal of the European for the supply of wheat to the Republic of Lebanon ; Communities not less than ten days before the closing date for submission of tenders . Whereas the French intervention agency should, at all events, be made responsible for the tendering proce­ dure in question ; Article 3

Whereas the Commission must be informed quickly The contract shall be awarded to the tenderer who of the tenders submitted in response to the invitation makes the most favourable offer. and of those accepted by the intervention agency ; 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 (}) OJ No L 178 , 5 . X. 1972, p . 3 . tion agency may cancel the invitation to tender .

15 . 9 . 73 Official Journal of the European Communities No L 259 / 15

Article 4 of 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 whith the name and business name of the operations specified in Article 1 are duly completed. successful tenderer . The 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 majeure. tion : 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 by the intervention agency to the Commission imme­ Article 6 diately upon receipt. 1 . The common wheat referred to in Article 1 to be supplied to the Republic of Lebanon must be of fair Article 8 and sound merchantable quality and correspond at least to the standard quality for which the interven­ This Regulation shall enter into force on the day of its tion price is fixed, except that the humidity shall not publication in the Official Journal of the European exceed 1 5-5 % and that a maximum tolerance of 3 % Communities.

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

Done at Brussels, 14 September 1973 .

For the Commission The President

Francois-Xavier ORTOLI