31973R3189

24. 11 . 73 No L 323/23 Official Journal of the European Communities

REGULATION (EEC) No 3189/73 OF THE COMMISSION

of 23 November 1973

opening an invitation to tender for the mobilization of common wheat as food aid for the Arabian Republic of Yemen

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 (1) 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 to the tions for the mobilization of cereals as food aid, and Arabian Republic of Yemen by way of Community food aid action : in particular Article 6 thereof ;

Whereas on 23 May 1973 the Council of the Euro­ — of 4 000 metric tons of common wheat. pean Communities declared that by way of Commu­ nity action it proposed to grant the Arabian Republic 2. The tendering procedure shall take place in of Yemen 4 000 metric tons of common wheat under France in one lot. The product shall be mobilized on its 1971 /72 food aid programme ; the Community market. The products shall be loaded for departure from a Community port. Whereas analysis of the state of the Community cereals market indicates that the criteria of Article 3 . The invitation to tender provided for in para­ 3(3) of Council Regulation (EEC) No 1693/72 should graph 1 is for supply of products delivered cif, that is be applied, and that the products should be purchased at the moment when the goods are actually removed on the Community market ; from the ship's hold in bulk at the port of unloading.

Whereas the proposed invitation to tender should be The recipient country shall bear all costs subsequent for supply of the products delivered cif ; that is at the to delivery of the goods, including unloading costs moment when the goods are actually ' removed from (such as unstowing, hoisting and reception) and any the ship's hold at the port of unloading ; lighterage costs. Whereas the award under the invitation to tender must be made in favour of the tenderer offering the Any demurrage costs or dispatch money at the port of best terms ; unloading shall be a charge on or for the benefit of the recipient country. The rates and detailed arrange­ Whereas, should force majeure make it impossible to ments relating thereto laid down in the contract complete the operation in question within the set between the authorized agent of the Community and time limit, it must be made clear who is to bear the the carrier must have been agreed upon in advance by liability for any resulting costs ; the authorized agent and the receiving agent of the Whereas provision should be made for security to be recipient country. given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ Article 2 tion to tender for supplies to the Arabian Republic of Yemen will be fulfilled ; 1 . The decision on tenders received in response to Whereas the French intervention agency should, in the invitation provided for in Article 1 shall be taken any event, be made responsible for the tendering on 7 December 1973 . procedure in question ; 2. The closing date for submission of tenders shall Whereas the Commission must be informed quickly be 7 December 1973 at 12 noon . of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; 3 . The notice of invitation to tender shall be published in the Official Journal of the European (!) OJ No 117, 19 . 6. 1967, p. 2269/67. (2) OJ No L 141 , 28 . 5. 1973, p. 8 . Communities ten days before the closing date for (>) OJ No L 178, 5. 8 . 1972, p. 3 . submission of tenders .

No L 323/24 Official Journal of the European Communities 24. 11 . 73

Article 3 pond at least to the standard quality for which the intervention price is fixed, except that the humidity The contract shall be awarded to the tenderer who shall not exceed 1 5.5 % and that a maximum toler­ makes the most favourable offer. However, if the ance of 3 % of sprouted grains and 1 % of miscel­ tenders submitted do not appear to correspond to laneous impurities shall be allowed. normal market prices and costs, the intervention agency may cancel the invitation to tender. Article 6

Article 4 1 . The French intervention agency shall be respon­ 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 product ; the security is intended to guarantee that the 2. It shall forthwith communicate to the Commis­ operations specified in Article 1 are duly completed. sion the list of firms which have responded to the invi­ 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. regard quantities not delivered owing to force majeure. 3 . The intervention agency shall request the 2. The security provided for in paragraph 1 may be successful tenderer to supply the following informa­ given in form of a cash deposit or of a guarantee tion : issued by a credit institution conforming to the criteria laid down by the Member State . (a) after each shipment, a certificate showing the quan­ tities dispatched, the quality of the products and Article 5 the type of packing ;

(b) the date of departure of the ships, the estimated 1 . The products specified in Article 1 to be date of arrival of the products at their destination ; supplied for human consumption to the Arabian Republic of Yemen must be of fair and sound (c) incidents likely to occur during transport of the merchantable quality, be free from odour, and corres­ products . pond at least to the standard quality for which the The information indicated above shall be forwarded intervention price is fixed, except that the humidity shall not exceed 1 5.5 % and that a maximum toler­ by the intervention agency to the Commission imme­ 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 Arabian Republic of Yemen of the products specified in Article 1 must This Regulation shall enter into force on the day of its relate to products of common wheat of fair and sound publication in the Official Journal of the European merchantable quality, free from odour, and corres Communities.

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

Done at Brussels, 23 November 1973 .

For the Commission

The President

François-Xavier ORTOLI

24 . 11 . 73 Official Journal of the European Communities No L 323 /25

ANNEX

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

1 Hodeidah Customs of the port 4 000 metric tons