CELEX: 31973R2939
Language: en
Date: 1973-10-26 00:00:00
Title: Regulation (EEC) No 2939/73 of the Commission of 26 October 1973 opening an invitation to tender for the mobilization of common wheat and common wheat flour as aid for the World Food Programme

No L 301 / 20                           Official Journal of the European Communities                           30 . 10 . 73
                            REGULATION (EEC) No 2939/73 OF THE COMMISSION
                                                      of 26 October 1973
               opening an invitation to tender for the mobilization of common wheat and
                          common wheat flour as aid for the World Food Programme
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 European
Economic Community ;                                              Whereas the measures provided for in this Regulation
                                                                   are in accordance with the Opinion of the Manage­
Having regard to Council Regulation No 120/                        ment Committee for Cereals ,
67/ EEC (') of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 1 346/ 73 (-);
Having regard to Council Regulation ( EEC) No                      HAS ADOPTED THIS REGULATION :
1693/ 72 (3 ) of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid , and
in particular Article 6 thereof ;                                                         Article 1
Whereas on 23 May 1972 the Council of the Euro­
pean Communities declared that by way of Commu­                     1 . Tenders are hereby invited for the supply, by
nity action it proposed to grant to the World Food                 way of Community food aid action , to the World
Programme 5 695 metric tons of common wheat and                    Food Programme of 5 695 metric tons of common
either the equivalent of 9 305 metric tons of common               wheat and 6 162 metric tons of common wheat flour.
wheat , or 6 162 metric tons of common wheat flour
under the 1971 / 72 food aid programme ;                           2 . The tendering procedure shall take place in the
                                                                   Kingdom of Belgium in two lots .
Whereas an anlysis of the state of the cereals market
in the Community indicates that the criteria of Article
3 (3) of Council Regulation ( EEC) No 1693 /72 should              3 . The products shall be mobilized on the Commu­
                                                                   nity market.
be applied, and that the product should be bought on
the Community market ;
                                                                   4.     Loading shall take place for shipment from a
Whereas tenders should be invited for the supply of                port of the Community.
the product fob ;
                                                                   5.     The common wheat is to be loaded fob, in bulk
Whereas      the  contract   should      be  awarded   to the      by the tenderer. The common wheat flour is to be
tenderer offering the best terms ;                                 loaded fob, in new jute sacks of a net capacity of 50
                                                                   kg by the tenderer.
Whereas in case it should be impossible for reasons of
force majeure to complete the operation in question                6.     The following shall be printed on the sacks :
within the set limits, it must be made clear who is to
bear any costs resulting therefrom ;                                     Farine de froment — Don de la Communaute
                                                                        economique europeenne.
Whereas provision should be made for security to be
given to guarantee fulfilment of the obligations arising
by virtue of participation in the invitation to tender
for the supply of wheat to the WFP ;                                                       Artie e 2
Whereas the Belgian intervention agency should, at                   1.   The decision on tenders received in response to
all events, be made responsible for the tendering                  the invitation provided for in Article 1 shall be taken
procedure in question ;                                            on 16 November 1973 .
(') OJ No 117, 19 . 6 . 1967, p. 2269/67.
(2) OJ No L 141 , 28 . 5 . 1973, p. 8 .                            2.     The closing date for submission of tenders shall
(>) OJ No L 178 , 5 . 8 . 1972, p. 3.                              be 16 November 1973 at 12 noon .
 ---pagebreak--- 30 . 10 . 73                        Official Journal of the European Communities                          No L 301 /21
3.     The notice of invitation to tender shall be            — ash content : 0-52 % maximum referred to dry
published in the Official Journal of the European                   matter .
Communities not less than ten days before the closing
date for submission of tenders .                               If the products do not meet one of the above require­
                                                               ments they shall be rejected and shall become the
                                                               property of the tenderer.
                        Article 3
                                                               2 . Tenders for the supply to the WFP of the
The contract shall be awarded to the tenderer who              products referred to in Article 1 must relate to flour
makes the most favourable offer .                              with the following characteristics :
However, if the tenders submitted do not appear to             Common wheat :
reflect normal market prices and costs, the interven­          must be of fair and sound merchantable quality and
tion agency may cancel the invitation to tender.               correspond at least to the standard quality for which
                                                               the intervention price is fixed , except that the
                        Article 4
                                                               humidity shall not exceed 15-5% and that a
                                                               maximum tolerance of 3 % 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 as a
result of the late availability of the vessels to be used      Common wheat flour :
for sea transportation , the resulting costs shall be          — moisture content : 15% maximum ,
borne by the intervention agency .
                                                               — acidity : maximum 4 ml NaOHn per 100 g (on
                                                                    dry matter),
                        Article 5                              — ash content : 0-52 % maximum referred to dry
                                                                    matter.
1 . The successful tenderer shall give security of a
value of 10 units of account per metric ton of flour
and 5 units of account per metric ton of common                                          Article 7
wheat ; the security is intended to guarantee that the
operations specified in Articles 1 and 6 are duly               1 . The intervention agency of the Kingdom of
completed . The security shall be forfeited if those           Belgium shall be responsible for the operations
operations are not carried out within the prescribed           relating to the invitation to tender provided for by this
time limit, save as regards quantities not delivered           Regulation .
owing to force majeure.
                                                               2.      It shall forthwith communicate to the Commis­
2.     The security required under paragraph 1 may be
provided in the form of a cash deposit or of a                 sion the list of firms which have responded to the invi­
guarantee issued by a credit institution conforming to         tation to tender, specifying the terms of each tender,
criteria laid down by each Member State .
                                                               together with the name and business name of the
                                                               successful tenderer.
                         Article 6                             3 . The intervention agency shall request the
                                                               successful tenderer to supply the following informa­
                                                               tion ' :
 1.    The products referred to in Article 1 to be
supplied to the WFP must meet the following require­
ments :                                                        (a) after each shipment a certificate showing the quan­
                                                                    tities dispatched and the quality of the products ;
Common wheat :
                                                               (b) the date of departure of the ships .
must be of fair and sound merchantable quality and
correspond at least to the standard quality for which          The information indicated above shall be forwarded
the intervention price is fixed , except that the              by the intervention agency to the Commission imme­
humidity shall not exceed 15-5% and that a                     diately upon receipt.
maximum tolerance of 3 % of sprouted grains and
1·5% of miscellaneous impurities shall be allowed .
                                                                                         Article 8
Common wheat flour :
— moisture content : 15% maximum ,
                                                                1 his Regulation shall enter into force on the day of its
— acidity : maximum 4 ml NaOHn per 100 g (on                   publication in the Official Journal of the European
     dry matter),                                              Communities.
 ---pagebreak--- No L 301 / 22                  Official Journal of the European Communities                        30 . 10 . 73
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 26 October 1973 .
                                                                   For the Commission
                                                                       The President
                                                                  Francois-Xavier ORTOLI