31973R2721

6. 10. 73 Official Journal of the European Communities No L 280/ 13

REGULATION ( EEC) No 2721 /73 OF THE COMMISSION of 5 October 1973 opening an invitation to tender for the mobilization of common wheat as food aid for the Islamic Republic of Pakistan

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/ 67/ EEC (') of 13 June 1967 on the common organiza­ HAS ADOPTED THIS REGULATION : tion of the market in cereals, as last amended by Regu­ lation (EEC) No 1346/73 (2) ;

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 1 . Tenders are hereby invited for the supply to the in particular Article 6 thereof ; Islamic Republic of Pakistan by way of Community food aid action : Whereas on 4 October 1973 the Council of the Euro­ pean Communities declared that by way of Commu­ — of 20 000 metric tons of common wheat . nity action it proposed to grant the Islamic Republic of Pakistan 20 000 metric tons of common wheat under its 1972/73 food aid programme ; 2. The tendering procedure shall take place in France in two lots. The product shall be mobilized on Whereas analysis of the state of the Community the Community market. The products shall be loaded cereals market indicates that the criteria of Article 3 for departure from a Community port. (3) of Council Regulation (EEC) No 1693/72 should be applied, and that the products should be purchased 3 . The invitation to tender provided for in para­ on the Community market ; graph 1 is for supply of products delivered cif, that is Whereas the proposed invitation to tender should be at the moment when the goods are actually removed for supply of the products delivered cif ; that is at the from the ship's hold at the port of unloading. moment when the goods are actually removed from the ship's hold at the port of unloading ; The recipient country shall bear all costs subsequent to delivery of the goods, including unloading costs Whereas the award under the invitation to tender (such as unstowing, hoisting and reception) and any must be made in favour of the tenderer offering the lighterage costs. best terms ; Whereas, should force majeure make it impossible to Any demurrage costs or dispatch money at the port of complete the operation in question within the set time-limit, it must be made clear who is to bear the unloading shall be a charge on or for the benefit of the recipient country. The rates and detailed arrange­ liability for any resulting costs ; 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 Islamic Republic of the receiving agent of the recipient country referred to Pakistan will be fulfilled ; in Article 5 .

Whereas the French intervention agency should, in any event, be made responsible for the tendering Article 2 procedure in question ;

Whereas the Commission must be informed quickly 1 . The decision on tenders received in response to of the tenders submitted in response to the invitation the invitation provided for in Article 1 shall be taken and of those accepted by the intervention agency ; on 17 October 1973 .

(') OJ No 117, 19 . 6 . 1967, p . 2269/67 . I2) OJ No L 141 , 28 . 5. 1973, p. 8 . 2 . The closing date for submission ot tenders shall (3 ) OJ No L 178 , .5 . 8 . 1972, p. 3 . be 17 October 1973 at 12 noon .

No L 280/ 14 Official Journal of the European Communities 6 . 10 . 73

3 . The notice of invitation to tender shall be merchantable quality, free from odour, and corres­ published in the Official Journal of the European pond at least to the standard quality for which the Communities six days before the closing date for intervention price is fixed, except that the humidity submission of tenders . shall not exceed 15-5% and that a maximum toler­ ance of 3 % of sprouted grains and 1 % of miscel­ Article 3 laneous impurities shall be allowed. The contract shall be awarded to the tenderer who If the products specified in Article 1 do not meet the makes the most favourable offer. However, if the foregoing requirements they shall be rejected and the successful tenderer shall be owner thereof. tenders submitted do not appear to correspond to normal market prices and costs, the intervention agency may cancel the invitation to tender. Article 6 1 . The French intervention agency shall be respon­ Article 4 sible for the operations relating to the invitation to 1 . The successful tenderer shall give security of a tender provided for by this Regulation . value of five units of account per metric ton of the 2 . It shall forthwith communicate to the Commis­ product ; the security is intended to guarantee that the sion the list of firms which have responded to the invi­ operations specified in Article 1 are duly completed. tation to tender, specifying the terms of each tender, The security shall be forfeit if those operations are not together with the name and business name of the carried out within the prescribed time-limit, save as successful tenderer. regards quantities not delivered owing to force majeure. 3 . The intervention agency shall request the successful tenderer to supply the following informa­ 2. The security provided for in paragraph 1 may be tion : given in form of a cash deposit or of a guarantee issued by a credit institution conforming to the (a) after each shipment, a certificate showing the quan­ criteria laid down by the Member State. tities dispatched, the quality of the products and the type of packing ; Article 5 (b) the date of departure of the ships, the estimated date of the arrival of the products at their destina­ 1 . The products specified in Article 1 to be tion ; supplied for human consumption to the Islamic (c) incidents likely to occur during transport of the Republic of Pakistan must be of fair and sound products . merchantable quality, be free from odour, and corres­ The information indicated above shall be forwarded pond at least to the standard quality for which the intervention price is fixed, except that the humidity by the intervention agency to the Commission imme­ shall not exceed 1 5-5 % and that a maximum toler­ diately upon receipt . ance of 3 % of sprouted grains and 1 % of miscel­ laneous impurities shall be allowed . Article 7

2. Tenders for supply to the Islamic Republic of This Regulation shall enter into force on the day of its Pakistan of the products specified in Article 1 must publication in the Official Journal of the European relate to products of common wheat of fair and sound Communities.

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

Done at Brussels , 5 October 1973 . For the Commission

The President Francois-Xavier ORTOLI

6 . 10 . 73 Official Journal of the European Communities No L 280/ 15

ANNEX

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

1 10 000 Karachi Customs of the port 2 j 10000