31974R0289

No L 29 /20 Official Journal of the European Communities 2 . 2. 74

REGULATION (EEC) No 289/74 OF THE COMMISSION of 1 February 1974 opening an invitation to tender for the mobilization of grain sorghum, maize and common wheat as food aid for the countries of the Sahel and Ethiopia

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 ( J ) 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) pf 3 August 1972 laying down the condi­ 1 . Tenders are hereby invited for the supply to Ethi­ tions for the friobilization of cereals as food aid, and opia, Mali, Mauritania and Niger by way of Commu­ in particular Article 6 thereof ; nity food aid action of 21 800 metric tons of maize, Whereas on 28 December 1973 the Council of the 9 000 metric tons of common wheat and 4 8000 European Communities declared that by way of metric tons of grain sorghum, divided as follows : Community action it proposed to grant the countries of the Sahel and Ethiopia 130 000 metric tons of Empire of Ethiopia : cereals under its 1973/74 food aid programme ; 5 000 metric tons of wheat (lot No 1 ) Whereas analysis of the state of the Community 2 500 metric tons of maize (lot No 2) cereals market indicates that the criteria of Article 3 2 500 metric tons of maize (lot No 3) (3) of Council Regulation (EEC) No 1693/72 should Islamic Republic of Mauritania be applied, according to which the products must be 4 000 metric tons of wheat (lot No 4) purchased on the Community market ; Republic of Mali : Whereas the proposed invitation to tender should be for supply of the products delivered unloaded or 4 000 metric tons of maize (lot No 5) loaded at the delivery centres or cif port of unloading, 4 000 metric tons of maize (lot No 6) that is at the moment when the goods are actually 3 000 metric tons of maize (lot No 7) removed from the ship's hold ; Republic of Niger : Whereas the award under the invitation to tender 2 800 metric tons of sorghum (lot No 8) must be made in favour of the tenderer offering the 2 300 metric tons of maize (lot No 9) best terms ; 2 000 metric tons of sorghum (lot No 10) 3 500 metric tons of maize (lot No 1 1 ). Whereas, should force majeure make it impossible to complete the operation in question within the set time-limits, it should be made clear who is to bear the 2. The tendering procedure shall take place in France in 1 1 lots . liability for any resulting costs ; The products shall be mobilized on the Community Whereas provisions should be made for security to be market. The Products shall be loaded for departure given for the purpose of guaranteeing that the obliga­ from a Community port. tions arising by virtue of participation in the invita­ tion to tender for supplies to the Sahel countries and 3 . The invitation to tender provided for in para­ Ethiopia will be fulfilled ; graph 1 is for supply of products . Whereas the intervention agency of France should be — delivered cif, that is at the moment when the made responsible for the tendering procedure in ques­ goods are actually removed from the ship's hold as tion ; regards Ethiopia and Mauritania at the ports listed Whereas the Commission must be informed quickly in the annex, of the tenders submitted in response to the invitation — delivered unloaded or loaded as regards Mali and and of those accepted by the intervention agency ; Niger at the centres listed in the Annex. (•) OJ No 117, 19 . 6 . 1967, p. 2269/67. (2) OJ No L 141 , 28 . 5 . 1973 , p. 8 . 4. The successful tenderer shall deliver the product (3) OJ No L 178 , 5. 8 . 1972, p. 3 . specified in paragraph 1 in new jute sacks of a net

2. 2 . 74 Official Journal of the European Communities No L 29/21

capacity of 50 kilogrammes. The following shall be countries and Ethiopia must meet the following printed on the sacks : requirements : — As regards Ethiopia : Grain sorghum : must be of fair and sound merchan­ 'Maize — Gift of the European Economic Commu­ table quality, be free from odour, with a moisture nity — For free distribution' content not exceeding 14 % , a tolerance of 1 % of miscellaneous impurities shall be allowed. 'Wheat — Gift of the European Economic Community — For free distribution', Maize : must be of fair and sound merchantable quality, be free from odour, and correspond at least to — As regards the Sahel countries : the standard quality for which the intervention price is fixed . 'Sorgho — Don de la Communaute economique europeenne — Distribution gratuite' Common wheat : must be of fair and sound merchan­ 'Mais — Don de la Communaute economique table quality, be free from odour, and correspond at europeenne' least to the standard quality for which the interven­ ' Froment — Don de la Communaute economique tion price is fixed, except that the humidity shall not exceed 14-5 % and that a maximum tolerance of 3 % europeenne — Distribution gratuite'. of sprouted grains and 1 % of miscellaneous impuri­ ties shall be allowed . Article 2

1 . The decision on tenders received in response to 2. Tenders for supply to the Sahel countries and the invitation provided for in Article 1 shall be taken Ethiopia of the products specified in Article 1 must on 15 February 1974. relate to products having the following characteristics :

2. The closing date for submission of tenders shall Grain sorghum : must be of fair and sound merchan­ be 15 February 1974 at 12 noon. table quality, be free from odour, with a moisture content not exceeding 14 % , a tolerance of 1 % of 3 . The notice of invitation to tender shall be miscellaneous impurities shall be allowed. published in the Official Journal of the European Maize : must be of fair and sound merchantable Communities not less than 9 days before the closing date for submission of tenders . quality, be free from odour, and correspond at least to the standard quality for which the intervention price is fixed . Article 3 Common wheat : must be of fair and sound merchan­ The contract shall be awarded to the tenderer who table quality, be free from odour, and correspond at offers the most favourable terms. If it appears, least to the standard quality for which the interven­ however, that the tenders submitted do not reflect tion price is fixed, except that the humidity shall not normal market prices and rates, the intervention exceed 14-5 % and that a maximum tolerance of 3 % agency may cancel the invitation to tender. of sprouted grains and 1 % of miscellaneous impuri­ ties shall be allowed .

Article4¶

1 . The successful tenderer shall give security in an Article 6 amount of 5 units of account per metric ton of goods ; the purpose of such security is to guarantee per­ formance of the operations specified in Article 1 . The 1 . The French intervention agency shall be respon­ security shall be forfeit if those operations are not sible for organizing the invitation to tender provided carried out within the time stipulated, save as regards for by this Regulation . quantities not delivered for reasons of force majeure.

2. The security referred to in paragraph 1 may be 2 . It shall forthwith communicate to the Commis­ given in the form of a cash deposit or of a guarantee sion the list of firms which have responded to the invi­ issued by a credit institution conforming to the tation to tender, specifying the terms of each tender, criteria laid down by the Member State . together with the name and business name of the successful tenderer.

Article 5 3 . The intervention agency shall request the 1 . The goods referred to in Article 1 which are to successful tenderer to supply the following informa­ be supplied for human consumption to the Sahel tion :

No L 29 / 22 Official Journal of the European Communities 2 . 2 . 74

(a) after each shipment, a certificate showing the quan­ The information indicated above shall be forwarded tities dispatched, the quality of the products and by the intervention agency to the Commission imme­ their packaging ; diately upon receipt. (b) the date of the departure of the ships, the expected Article 7 date of arrival of the products at their destination ; This Regulation shall enter into force on the day of its (c) all possible contingencies which might occur publication in the Official Journal of the European during transportation of the products. Communities.

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

Done at Brussels, 1 February 1974.

For the Commission The President

François-Xavier ORTOLI

ANNEX

Quantity delivered to the No of delivery centre lot Recipient country Delivery centr^ Port of unloading Tonnage cif unloaded not unloaded

1 Ethiopia Djibouti 5 000 t 2 Ethiopia Assab 2 500 t 3 Ethiopia Massawa 2 500 t. 4 Mauritania Nouakchott 4000 t 5 Mali Mopti Abidjan 4 000 t 6 Mali Mopti Abidjan 4000 t 7 Mali Kayes Dakar 3 OOO t 8 Niger Agadès Cotonou 2 800 t 9 Niger Agadès Cotonou 2 300 t 10 Niger Diffa Apapa 2000 t 11 Niger Diffa A pa pa 3 500 t