31973R2720

No L 280/ 10 Official Journal of the European Communities 6 . 10 . 73

REGULATION ( EEC) No 2720/73 OF THE COMMISSION of 5 October 1973 opening an invitation to tender for the mobilization of common wheat as food aid for the Empire of Ethiopia

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 Having regard to Council Regulation No 120/ ment Committee for Cereals, 67/EEC (') of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ lation (EEC) No 1 346/73 (2) ;

HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 1 693/72 (3) of 3 August 1972 laying , down the condi­ tions for the mobilization of cereals as food aidi and in particular Article 6 thereof ; Article 1

Whereas on 4 October 1973 the Council of the Euro­ 1 . Tenders are hereby invited for the supply to the pean Communities declared that by way of Commu­ Empire of Ethiopia, by way of Community food aid nity action it proposed to grant the Empire of Ethi­ action : opia, 5 000 metric tons of common wheat under its 1972/73 food aid programme ; — of 5 000 metric tons of common wheat 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 two lots. The product shall be mobilized on be applied, and that the products should be purchased the Community market. The products shall be loaded on the Community market ; 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. Whereas the award under the invitation to tender The recipient country shall bear all costs subsequent must be made in favour of the tenderer offering the to delivery of the goods, including unloading costs best terms ; (such as unstowing, hoisting and reception) and any lighterage costs. Whereas, should force majeure make it impossible to complete the operation in question within the set Any demurrage costs or dispatch money at the port of time-limits , it must be made clear who is to bear the unloading shall be a charge on or for the benefit of liability for any resulting costs ; the recipient country. The rates and detailed arrange­ ments relating thereto laid down in the contract Whereas provision should be made for security to be between the authorized agent of the Community given for the purpose of guaranteeing that the obliga­ referred to in Article 5 and the carrier must have been tions arising by virtue of participation in the invita­ agreed upon in advance by the authorized agent and tion to tender for supplies to the Empire of Ethiopia the receiving agent of the recipient country referred to will be fulfilled ; in Article 5 .

Whereas the French intervention agency should, in any event, be made responsible for the tendering 4. The successful tenderer shall deliver the product procedure in question ; specified in paragraph 1 in new jute sacks of a net capacity of 50 kilogrammes. The following shall be printed on the sacks : (') OJ No 117, 19 . 6 . 1967, p . 2269/ 67. (2) OJ No L 141 , 28 . .5 . 1973 , p . 8 . b) OJ No L 178 , 5. 8 . 1972, p. 3 . 'Soft Wheat — Gift of the European Community'

6 . 10 . 73 Official Journal of the European Communities No L 280/ 11

Article 2 2. Tenders for supply to the Empire of Ethiopia of the products specified in Article 1 must relate to 1 . The decision on tenders received in response to products of common wheat of fair and sound the invitation provided for in Article 1 shall be taken merchantable quality, free from odour, and corres­ on 17 October 1973 . pond at least to the standard quality for which the 2. The closing date for submission of tenders shall intervention price is fixed, except that the humidity be 17 October 1973 at 12 noon . shall not exceed 1 5-5 % and that a maximum toler­ ance of 3 % of sprouted grains and 1 % 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 six days before the closing date for If the products specified in Article 1 do not meet the submission of tenders . foregoing requirements they shall be rejected and the successful tenderer shall be owner thereof. Article 3 Article 6 The contract shall be awarded to the tenderer who makes the most favourable offer. However, if the 1 . The French intervention agency shall be respon­ tenders submitted do not appear to correspond to sible for the operations relating to the invitation to normal market prices and costs, the intervention tender provided for by this Regulation . agency may cancel the invitation to tender. 2. It shall forthwith communicate to the Commis­ Article 4 sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, 1 . The successful tenderer shall give security of a together with the name and business name of the value of five units of account per metric ton of the successful tenderer . product ; the security is intended to guarantee that the 3 . The intervention agency shall request the operations specified in Article 1 are duly completed. successful tenderer to supply the following informa­ The security shall be forfeit if those operations are not tion : carried out within the prescribed time-limit, save as regards quantities not delivered owing to force (a) after each shipment, a certificate showing the quan­ majeure. tities dispatched, the quality of the products and the Jype of packing ; 2. The security provided for in paragraph 1 may be given in form of a cash deposit or of a guarantee (b) the date of departure of the ships, the estimated issued by a credit institution conforming to the date of the arrival of the products at their destina­ criteria laid down by the Member State. tion ; (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 Empire of by the intervention agency to the Commission imme­ Ethiopia 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 price Article 7 is fixed , except that the humidity shall not exceed 1 5-5 % and that a maximum tolerance of 3 % of This Regulation shall enter into force on the day of its sprouted grains and 1 % of miscellaneous impurities publication in the Official Journal of the European shall be allowed . Communities.

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

Done at Brussels, 5 October 1973 . Fur the Commission

The President

Francois-Xavier ORTOLI

No L 280/ 12 Official Journal of the European Communities 6 . 10 . 73

ANNEX

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

1 Assab 2 500 Customs of the port 2 Djibouti 2 500