31973R3265

No L 333 /22 Official Journal of the European Communities 4 . 12 . 73

REGULATION EEC No 3265 / 73 OF THE COMMISSION of 30 November 1973 opening an invitajtion to tender for the mobilization of grain sorghum , maize and common wheat as food aid for the Republic of Chad

THE COMMISSION OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES, Having regard to the Treaty establishing the European Article 1 Economic Community ; 1 . Tenders are hereby invited for the supply to the Having regard to Council Regulation No 120/ Republic of Chad by way of Community food-aid 67/ EEC ( ! ) of 13 June 1967 on the common organiza­ action of : tion of the market in cereals, as last amended by Regu­ lation (EEC) No 1346/73 (2) ; — 2 000 tons of grain sorghum (lot No 1 ) — 2 000 tons of maize (lot No 2) Having regard to Council Regulation (EEC) No — 2 000 tons of common wheat (lot No 3). 1 693 /72 (3) of 3 August 1972 laying down the condi­ tions for the mobilization of cereals as food aid, and 2. The tendering procedure shall take place in in particular Article 6 thereof ; France in three lots. The products shall be mobilized Whereas on 14 May 1973 the Council of the Euro­ on the Community market. The products shall be pean Communities declared that by way of Commu­ loaded for departure from a Community port. nity action it proposed to grant the Republic of Chad 6 000 metric tons of maize under its 1972/73 food-aid 3. The invitation to tender provided for in para­ programme ; graph 1 is for supply of products delivered to N'Djamena (Fort Lamy) via Apapa. Whereas analysis of the state of the Community cereals market indicates that the criteria of Article 4. The successful tenderer shall deliver the product 3(3) of Council Regulation (EEC) No 1693/72 should specified in paragraph 1 in new jute sacks of a net be applied, and that the products should be purchased capacity of 50 kilogrammes. The following shall be on the Community market ; printed on the sacks : Whereas the proposed invitation to tender should be 'Sorgho — Don de la Communauté Économique Euro­ for supply of the products delivered to N'Djamena ; péenne — Distribution gratuite' Whereas the award under the invitation to tender 'Maïs — Don de la Communauté Économique Euro­ must be made in favour of the tenderer offering the péenne — Distribution gratuite' best terms ; ' Froment tendre — Don de la Communauté Écono­ Whereas, should force majeure make it impossible to mique Européenne — Distribution gratuite'. complete the operation in question within the set time-limits , it should be made clear who is to bear the Article 2 liability for any resulting costs ; Whereas provisions should be made for security to be 1 . The decision on tenders received in response to given for the purpose of guaranteeing that the obliga­ the invitation provided for in Article 1 shall be taken on 14 December 1973 . tions arising by virtue of participation in the invita­ tion to tender for supplies to the Republic of Chad will , be fulfilled ; 2. The closing date for submission of tenders shall be 14 December 1973 at 12 noon . Whereas the intervention agency of France should, in any event, be made responsible for the tendering 3 . The notice of invitation to tender shall be procedure in question ; published in the Official Journal of the European Communities not later than ten days before the Whereas the Commission must be informed quickly closing date for submission of tenders. of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Article J Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ The contract shall be awarded to the tenderer who ment Committee for Cereals, makes the highest offer. However, if the tenders submitted do not appear to correspond to normal (') OJ No 117, 19 . 6 . 1967, p . 2269/67 . (2) OJ No L 141 , 28 . 5 . 1973 , p . 8 . market prices and costs, the intervention agency may (3) OJ No L 178 , 5. 8 . 1972, p. 3 . cancel the invitation to tender.

4. 12 . 73 Official Journal of the European Communities No L 333 / 23

Article 4 Maize : must be of fair and sound merchantable quality, be 1 . The successful tenderer shall give security of a free from odour, and correspond at least to the value of 5 units of account per metric ton of product ; standard quality for which the intervention price is the security is intended to guarantee that the opera­ fixed . tions specified in Article 1 are duly completed . The security shall be forfeit if those operations are not Common wheat : carried out within the prescribed time-limit, save as must be of fair and sound merchantable quality, be regards quantities not delivered owing to force free from odour, and correspond at least to the majeure. standard quality for which the intervention price is 2. The security provided for in paragraph 1 may be fixed, except that the humidity shall not exceed 1 5-5 % and that a maximum tolerance of 3 % of given in form of a cash deposit or of a guarantee issued by a credit institution conforming to the sprouted grains and 1 % of miscellaneous impurities shall be allowed . criteria laid down by the Member State .

Article5¶

1 . The products specified in Article 1 to be 1 . The French intervention agency shall be respon­ supplied for human consumption to the Republic of sible for the operations relating to the invitation to Chad must meet the following requirements : tender provided tor by this Regulation . Grain sorghum : 2 . It shall forthwith communicate to the Commis­ must be of fair and sound merchantable quality, be sion the list of firms which have responded to the invi­ free from odour, with a moisture content not tation to tender, specifying the terms of each tender, exceeding 14 % . together with the name and business name of the Maize : successful tenderer. must be of fair and sound merchantable quality, be 3 . The intervention agency shall ask that the free from odour, and correspond at least to the tenderer specifies the following information : standard quality for which the intervention price is fixed . (a) after each shipment, a statement giving details of Common ivheat : the quantities loaded, the quality of the products and their packaging. must be of fair and sound merchantable quality, be free from odour, and correspond at least to the (b) the date of the departure of the ships, the expected Standard quality for which the intervention price is date of arrival of the products at their destination . fixed, except that the humidity shall not exceed (c) all possible contingencies which might occur 15-5 % and that a maximum tolerance of 3 % of during transportation of the products. sprouted grains and 1 % of miscellaneous impurities shall be allowed . The intervention agency shall transmit the informa­ tion provided for to the Commission as soon as it is 2. Tenders for supply to the Republic of Chad of received . the products specified in Article 1 must relate to products having the following characteristics : Article 7 Grain sorghum : must be of fair and sound merchantable quality, be This Regulation shall enter into force on the day of its free from odour, with a moisture content not publication in the Official Journal of the European Communities. exceeding 14% .

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

Done at Brussels, 30 November 1973 . For the Commission

The President

Francois-Xavier ORTOLI

No L 333 /24 Official Journal of the European Communities 4 . 12 . 73

ANNEX

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

1 2 000 2 ? Ap apa Customs of the port 2 000 3 2 000