31974R0455
No L 51 /26 Official journal of the European Communities 23 . 2 . 74
REGULATION (EEC) No 455 /74 OF THE COMMISSION of 22 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 Commission must be informed quickly COMMUNITIES , of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to the Treaty establishing the Euro pean Economic Community ; Whereas the measures provided for in this Regula tion are in accordance with the Opinion of the Man Having regard to Council Regulation No 120/67/ agement Committee for Cereals, EEC ( 1) of 13 June 1967 on the common organization of the market in cereals, as last amended by HAS ADOPTED THIS REGULATION : Regulation ( EEC) No 1346/73 ( 2) ; Article 1 Having regard to Council Regulation (EEC) No 1693/72 (8) of 3 August 1972 laying down the con 1 . Tenders are hereby invited for the supply to ditions for the mobilization of cereals as food aid, Ethiopia, Mali, Mauritania, Niger and Upper Volta anid in particular Article 6 thereof ; by way of Community food-aid action of 32 200 metric tons of maize, 14 000 metric tons of common Wihereas on 28 December 1973 the Council of the wheat and 3 200 metric tons of grain sorghum, European Communities .declared that by way of divided as follows : Community action it proposed to grant the countries — Empire of Ethiopia : of the Sahel and Ethiopia 130 000 metric tons of cereals under its 1973 /74 food-aid programme ; 5 000 metric tons of wheat (lot No 1 ) 2 500 metric tons of wheat (dot No 2) Whereas analysis of the state of the Community ce reals market indicates that the criteria of Article 3 (3 ) 2 500 metric tons of wheat ( lot No 3 ) of Council Regulation (EEC) No 1693/72 should be — Islamic Republic of Mauritania : applied, according to which the products must be purchased on the Community market ; 4 000 metric tons of wheat ( lot No 4) 2 000 metric tons of wheat (lot No 5 ) Wihereas the proposed invitation to tender should be — Republic of Mali : for supply of the products delivered unloaded or loaded at the delivery centres or cif port of un 3 000 metric tons of maize ( lot No 6 ) loading, that is at the moment when the goods are 6 000 metric tons of maize ( lot No 7 ) actually removed from the ship's hold ; — Republic of Niger : Whereas die award under the invitation to tender 400 metric tons of maize j must be made in favour of the tenderer offering the best terms ; 200 metric tons of sorghum ! ( lot No 8 ) 800 metric tons of maize I Whereas, should force majeure make it impossible 4 000 metric tons of maize y to complete the operation in question within the set 1 200 metric tons of maize ) time limits, it should be made clear who is to bear ( lot No 9 ) the liability for any resulting costs ; 2 800 metric tons of maize )
Wihereas provisions should be made for security to Republic of Upper Volta : be given for the purpose of guaranteeing^fiat the 6 000 metric tons of maize ( lot No 10 ) Obligations arising by 'virtue of participation in the 4 000 metric tons of maize ( invitation to tender for supplies to the Sahel coun i ( lot No 11 ) tries and 'Ethiopia will be fulfilled ; 2 000 metric tons of maize ) 2 600 metric tons of sorghum ) „ Whereas the French intervention agency should , , > (lot No 12) be made responsible for the tendering procedure in 400 metric tons of sorghum ) question ; 2. The tendering .procedure shall take place in France in 12 lots . The products shall be mobilized (*) OJ No 117, 19.6 . 1967, p . 2269/67 . on the Community market. The products shall be («) OJ No L 141 , 28 . 5 . 1973 , p . 8 . (») OJ No L 178 , 5 . 8 . 1972, p . 3 . loaded for departure from a Community port.
23 . 2 . 74 Official Journal of the European Communities No L 51 /27
3 . The invitation to tender provided for in para Article 4 graph 1 is for supply of products 1 . The successful tenderer shall give security in an — delivered cif, that is at the moment when the amount of five units of account per metric ton of goods are actually removed from the ship's hold goods ; the purpose of sudh security is to guarantee as regards Ethiopia and Mauritania at the ports performance of the operations specified in Article 1 . listed in the Annex, The security shall (be forfeit if those operations are — delivered unloaded or loaded as regards Mali, not carried out within the time stipulated, save as Niger and Upper Volta at the centres listed in the regards quantities not delivered for reasons of force Annex . majeure.
4. The successful tenderer shall defliver the product specified in paragraph 1 in new jute sacks of a net 2. The security referred to in paragraph 1 may capacity of 50 kilogrammes. The following sthall be be given in the form of a cash deposit or of a gua printed on the sacks : rantee issued by a credit institution conforming to the criteria laid down by the Memlber State. — As regards Ethiopia : 'Wheat — Gift of the European Community — For free distribution ' Article 5
— As regards the Sahel countries with the exception of Upper Volta : 1 . The goods referred to in Article 1 which are to be supplied for human consumption to the Sahel 'Sorgho — Don de la Communauté économique countries and Ethiopia must meet the following européenne — Distribution gratuite' requirements : 'Mais — Don de la Communauté économique européenne' Grain sorghum : must be of fair and sound merchan 'Froment — Don de la Communauté économique table quality, be free from odour, with a moisture européenne — Distribution gratuite'. content not exceeding 14 °/o, a tolerance of 4 °/o of miscellaneous impurities shall be allowed. — As regards Upper Volta : 'Sorgho — Don de la Communauté économique Maize : must be oif fair and sound merchantable européenne — Distribution gratuite' quality, be free from odour, and correspond at least Mais — Don de la Communauté économique to the standard quality for which the intervention européenne — Distribution gratuite'. price is fixed.
Common wheat : must be of fair and sound mer Article 2 chantable quality, be free from odour, and corres pond at least to the standard quality for which the 1 . The decision on tenders received in response intervention price is fixed, except that the humidity to the invitation provided for in Article 1 shall be shall not exceed 14-5 °/o and that a maximum tole taken on 8 March 1974 . rance of 3 °/o of sprputed grains and 1 °/o of miscel laneous impurities shall be allowed . 2. The closing date for submission of tenders shaill be 8 March 1974 at 12 noon . 2. Tenders for supply to the Sahel countries and 3 . The notice of invitation to tender shall be Ethiopia of the products specified in Article 1 must relate to products having the following characteris published in the Official Journal of the European tics : Communities not less than 9 days before the closing date for submission of tenders . Grain sorghum : must be of fair and sound merchan table quality, be free from odour, with a moisture Article 3 content not exceeding 14 °/o, a tolerance of 4°/« of miscellaneous impurities shaill 'be allowed . The contract shall be awarded to the tenderer who offers the most favourable terms. If it appears, Maize : must be of fair and sound merchantable however, that the tenders submitted do not reflect quality, be free from odour, and correspond at least normal market prices and rates, the intervention to the standard quality for which the intervention agency may cancel the invitation to tender. price is fixed.
No L 51 /28 Official Journal of the European Communities 23 . 2 . 74
Common wheat : must be of fair and sound merchan 3 . The intervention agency shall request the suc table quality, be free from odour, and correspond at cessful tenderer to supply the following information : least to the standard quality ifor which the interven ( a) atfter each shipment, a certificate showing the tion price is fixed, except that the humidity shall quantities dispatched, the quality of the products not exceed 14-5 °/o and that a maximum tolerance and tiheir packaging ; of 3 °/o of sprouted grains and 1 °/o of miscellaneous impurities shall' be allowed ( b) the date of the departure of the ships, the expec ted date of arrival of the products at their destin ation ; Article 6 (c) all possible contingencies which might occur during transportation of die products . 1 . The French intervention agency shall be res The information indicated above shall ibe forwarded ponsible for organizing the invitation to tender pro by the intervention agency to the Commission imme vided for by this Regulation . diately upon receipt.
2. It shall forthwith communicate to the Com Article 7 mission the list of firms which have responded to the invitation to tender, specifying the terms of each This Regulation shall enter into force on the day tender, together with the name and business name of its publication in the Official Journal of the Euro of the successful tenderer. pean Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 22 February 1974.
For the Commission
The President
Francois-Xavier ORTOL1
23 . 2 . 74 Official Journal of the European Communities No L 51 / 29
ANNEX
Quantity delivered to the Tonnage cif deliver ) centre ( in metric tons ) No of lot Recipient country Delivery centre Port of unloading ( in metric tons ) unloaded not unloaded
1 Ethiopia Djibouti 5 000 2 Ethiopia Assab 2 500 3 Ethiopia Massawa 2 500 4 Mauritania Nouakchott 4 0(10 5 Mauritania Nouakchott 2 000 6 Mali Kayes Dakar 3 000 3 000 7 Mali Bamako Dakar 6 000 6 000 8 Niger Zinder Apapa 400 400 8 Niger Zinder Apapa 200 200 8 Niger Maradi 800 800 Apapa 8 Niger Niamey Cotonou 4 000 4 000 9 Niger Dosso Cotonou 1 200 1 200 9 Niger Tamoua Cotonou 2 800 2 800 10 Upper Volta Ouagadougou Abidjan 6 000 6 000 11 Upper Volta Ouagadougou Abidjan 4 000 4 000 11 - Upper Volta Bobo-Dioulasso Abidjan 2 000 2 000 12 Upper Volta Ouagadougou Abidjan 2 600 2 600 12 Upper Volta Bobo-Dioulasso Abidjan 400 400