31973R3121

No L 316/28 Official Journal of the European Communities 17 . 11 . 73

REGULATION (EEC) No 3121 /73 OF THE COMMISSION of 16 November 1973 opening an invitation to tender for the mobilization of common wheat as aid for the Republic of Tunisia

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 way tions for the mobilization of cereals as food aid, and of Community food-aid action, to the Republic of in particular Article 6 thereof ; Tunisia 25 000 metric tons of common wheat.

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 three lots . nity action it proposed to grant the Republic of Tunisia 25 000 metric tons of common wheat under 3 . The product shall be mobilized on the Community the 1972/73 food-aid programme ; market.

Whereas an analysis of the state of the cereals market 4. Loading shall take place for shipment from a port in the Community indicates that the criteria of Article 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 into the hold of the ship in the the product fob ; that is to say at the moment when port 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 26 November 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 be is to bear any costs resulting therefrom ; 26 November 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 Tunisia ; Communities not less than six 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 these 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 (3) OJ No L 178 , 5 . 8 . 1973, p . 3 . tion agency may cancel the invitation to tender.

17. 11 . 73 Official Journal of the European Communities No L 316/29

Article 4 of sprouted grains and 1-5 of miscellaneous impurities shall be allowed . If the tenderer is unable to load the product fob on the date given in the notice of invitation to tender Article 7 as a 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 five 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 with the name and business name of the operations specified in Article 1 are duly completed. successful tenderer. The security shall be forfeited if those 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 tion : majeure. 2. The security required under paragraph 1 may be (a) After each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; provided in the form of a cash deposit or of a 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 Article 6 by the intervention agency to the Commission imme­ diately upon receipt. The common wheat referred to in Article 1 to be supplied to the Republic of Tunisia 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 15-5 % 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, 16 November 1973.

For the Commission The President

Francois-Xavier ORTOLI