CELEX: 31973R1019
Language: en
Date: 1973-04-13 00:00:00
Title: Regulation (EEC) No 1019/73 of the Commission of 13 April 1973 opening an invitation to tender for the mobilization of common wheat flour as aid for the World Food Programme

No L 102/8                             Official Journal of the European Communities                             17 . 4 . 73
                            REGULATION (EEC) No 1019/73 OF THE COMMISSION
                                                       of 13 April 1973
              opening an invitation to tender for the mobilization of common wheat flour as
                                            aid for the World Food Programme
THE COMMISSION OF THE EUROPEAN                                    Whereas provision should be made for security to be
COMMUNITIES,                                                      given to guarantee fulfilment of the obligations arising
                                                                  by virtue of participation in the invitation to tender ;
Having regard to the Treaty establishing the European             whereas a deposit should also be made at a standard
Economic Community ;                                              rate of value in respect of the cereals placed in the
                                                                  charge of the tenderer, to guarantee that these cereals
Having regard to Council Regulation No 120/                       will be processed into flour for the FAO ;
67/EEC ( 1) of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by the             Whereas the intervention agency of the Member State
Act (2) annexed to the Treaty (3) concerning the acces­           on whose territory the wheat will be mobilized
sion of new Member States to the European Economic                assumed responsibility for the said wheat at the time
Community and the European Atomic Energy                          of intervention ; whereas the abovementioned interven­
Community, signed at Brussels on 22 January 1972 ;                tion agency has since then been responsible for admi­
                                                                  nistrative matters concerning the stocks in its posses­
Having regard to Council Regulation No 290/69 (4) of              sion, and whereas it should therefore be made respon­
 17 February 1969 laying down the conditions for the              sible for the tendering procedure in question ;
mobilization of cereals as food aid, as amended by
Regulation (EEC) No 832/69 (5), as prolonged by Regu­             Whereas the Commission must be informed quickly
lation (EEC) Nos 2338/69 ( 6) and 2046/70 (7), and in             of the tenders submitted in response to the invitation
particular Article 4 (2) thereof ;                                and of those accepted by the intervention agency ;
Whereas on 6 April 1971 the Council of the Euro­                  Whereas the measures provided for in this Regulation
pean Communities declared that by way of Commu­                   are in accordance with the Opinion of the Manage­
nity action it proposed to grant the FAO the equiva­              ment Committee for Cereals ;
lent of 9 000 metric tons of common wheat, in the
form of flour, under its 1970/71 food aid programme ;
                                                                  HAS ADOPTED THIS REGULATION :
Whereas an analysis of the state of the cereals market,
as far as intervention in Germany is concerned, indi­
cates that the criteria of Article 2 (2) of Council Regu­
lation (EEC) No 290/69 should be applied, and that                                        Article 1
the cereals in stock in the warehouses of the interven­
tion agency of the abovementioned Member State                    1 . Tenders are hereby invited for the supply, by
should be mobilized and the conditions of mobiliza­               way of Community food aid action, to the FAO of
tion laid down ;                                                  5 960 metric tons of common wheat flour.
Whereas in the case of cereals held by the interven­              2. The tendering procedure shall take place in the
tion agencies tenders should be invited for the                   Federal Republic of Germany in pne lot.
loading, transportation, processing and loading fob ;
                                                                  3 . The invitation to tender shall be for the transpor­
Whereas    the   contract    should      be  awarded  to  the     tation and loading of 9 000 metric tons of common
tenderer offering the best terms ;                                wheat for carriage in bulk from the place of storage to
                                                                  the processing establishment, and the processing and
Whereas, in case it should be impossible for reasons              the loading fob of the common wheat flour,
 of force majeure to complete the operation in ques­              by-products becoming the property of the tenderer.
tion within the set time limits, it must be made clear            The abovementioned quantity of common wheat is to
who is to bear any costs resulting therefrom ;                    be collected from the warehouses, listed in the annex,
                                                                  of the intervention agency of the Member State con­
                                                                  cerned .
( i) OJ No 117, 19 . 6. 1967, p . 2269/67.
(2)  OJ No L 73, 27 . 3 . 1972, p. 14.
(J)  OJ No L 73, 27. 3 . 1972, p. 5.                              4. The common wheat flour referred to in para­
(4)  OJ No L 41 , 18 . 2. 1969, p. 2.                             graph 1 is to be loaded fob, in new jute sacks of a net
(5)  OJ No L 107, 6. 5 . 1969 , p. 3 .
(6)  OJ No L 298 , 27. 11 . 1969, p . 8 .                         capacity of 50 kilogrammes, by the tenderer, in a
V) OJ No L 228, 15. 10. 1970, p. 1 .                              Community C 2 port, all stowage costs being charged
 ---pagebreak--- 17 . 4. 73                          Official Journal of the European Communities                           No L 102/9
to the FAO. However, only seaports accessible to               wheat, representing a flat rate value for the common
ocean-going ships and used for international freight           wheat in his charge. This deposit shall be forfeited if
traffic can be designated as ports of shipment.                the common wheat flour to be supplied does not meet
                                                               the minimum and maximum requirements listed in
5.     The following shall be printed on the outside of        Article 6(1 ).
the sacks :
'WHEAT       FLOUR       —   GIFT     OF   THE     EURO­
                                                               3 . The security and the deposit required under para­
PEAN COMMUNITY'
                                                               graphs 1 and 2 may be provided in the form of a cash
                                                               deposit or of a guarantee issued by a credit institution
                                                               conforming to criteria laid down by the Member State.
                         Article 2
                                                                                         Article 6
 1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken        1.     The common wheat flour referred to in Article 1
on 2 May 1973.                                                 to be supplied in the FAO must meet the following
2. The closing date for submission of tenders shall            requirements :
be 2 May 1973 at 12 noon .                                     — moisture content : 14% maximum
 3.    The   notice   of invitation   to tender shall   be     — protein content : 10-5 % minimum (N x 625 on
 published in the Official Journal of the European                  dry matter)
 Communities not less than 10 days before the closing          — ash content : 0 52 % maximum referred to dry
 date for submission of tenders .                                   matter.
                         Article 3                             If the flour does not meet one of the above require­
                                                               ments it shall be rejected and shall become the prop­
 When making his offer, the tenderer shall take into           erty of the tenderer.
 consideration the value of the by-products which he
 will acquire. The contract shall be awarded to the            2.     Tenders for the supply to the FAO of the
 tenderer who makes the most favourable offer.                 common wheat flour referred to in Article 1 must
                                                               relate to flour with the following characteristics :
 However, if the tenders submitted do not appear to
                                                               — moisture content : 14 % maximum
 effect normal market prices and costs, the interven­
 tion agency may cancel the invitation to tender.              — protein content : 10-5% minimum (N x 625 on
                                                                    dry matter)
                         Article 4
                                                               — ash content : 0-52 % maximum referred to dry
                                                                    matter.
 If the tenderer is unable to load the product fob on
 the date given in the notice of invitation to tender as a                               Article 7
 result of the late availability of the vessels to be used
 for sea transportation, the resulting costs shall be           1 . The intervention agency of the Federal Republic
 borne by the intervention agency.                              of Germany shall be responsible for the operations
                                                                relating to the invitation to tender provided for by this
                          Article 5                             Regulation.
  1 . The successful tenderer shall give security of a          2.    It shall forthwith communicate to the Commis­
 value of 10 units of account per metric ton of                 sion the list of firms which have responded to the invi­
 common wheat ; the security is intended to guarantee           tation to tender, specifying the terms of each tender,
 that the operations specified in Articles 1 and 6 are          together with the name and business name of the
 duly completed. The security shall be forfeited if those       successful tenderer.
 operations are not carried out within the prescribed
 time limit, save as regards quantities not delivered                                    Article 8
 owing to force majeure.                                        This Regulation shall enter into force on the day of its
 2. The successful tenderer shall give a deposit of             publication in the Official Journal of the European
  110 units of account per metric ton of common                 Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 13 April 1973 .
                                                                          For the Commission
                                                                              The President
                                                                         Francois-Xavier ORTOLI
 ---pagebreak--- No L 102/ 10                            Official Journal of the European Communities                           17. 4. 73
                                                            ANNEX
                      Wheat flour                                               Soft wheat
  Port from which consigned          Tonnage fob             Address of store  Quantity to be milled  Town at which stored
Community ports                 5 960 t                                       9 000 t whereof :
                                                      Reitberger u. Schüssler 6 860 t                Nürnberg
                                                      87 Würzburg
                                                      Heinestraße 3
                                                      Reitberger u. Schüssler 2140 t                 Bergtheim
                                                      87 Würzburg
                                                      Heinestraße 3