CELEX: 31973R1293
Language: en
Date: 1973-05-15 00:00:00
Title: Regulation (EEC) No 1293/73 of the Commission of 15 May 1973 opening an invitation to tender for the mobilization of common wheat flour as food aid for the United Nations Relief and Works Agency for Palestine (UNWRA)

No L 131 /26                               Official Journal of the European Communities                             18 . 5. 73
                              REGULATION (EEC) No 1293/73 OF THE COMMISSION
                                                           of 15 May 1973
               opening an invitation to tender for the mobilization of common wheat flour as
               food aid for the United Nations Relief and Works Agency for Palestine
                                                              (UNWRA)
THE COMMISSION OF THE EUROPEAN                                        tions arising by virtue of participation in the invita­
COMMUNITIES,                                                          tion to tender for supplies to UNWRA will be ful­
                                                                      filled ;
Having regard to the Treaty establishing the European
Economic Community ;                                                  Whereas the Italian intervention agency should, in
                                                                      any event, be made responsible for the tendering
Having regard to Council Regulation                          No       procedure ;
120/67/EEC (') of 13 June 1967 on the common
                                                                      Whereas the Commission must be informed quickly
organization of the market in rice, as last amended by                of the tenders submitted in response to the invitation
the Act (2) annexed to the Treaty (3) concerning the                  and of those accepted by the intervention agency ;
accession of new Member States to the European
Economic Community and the European Atomic                            Whereas the measures provided for in this Regulation
Energy Community, signed at Brussels on 22 January                    are in accordance with the Opinion of the Manage­
1972 ;                                                                ment Committee for Cereals ;
Having regard to Council Regulation (EEC) No
1 693/72 (4) of 3 August 1972 laying down the condi­
                                                                      HAS ADOPTED THIS REGULATION :
tions for the mobilization of cereals as food aid, and
in particular Article 6 thereof ;
                                                                                               Article 1
Whereas on 23 May 1972 and 19 December 1972 the
Council of the European Communities declared that                      1 . Tenders are hereby invited for the supply to
it proposed, by way of Community action, to grant the                 UNWRA by way of Community action, of 11 765
equivalent of 13 129 metric tons and 4 636 metric                      metric tons of common wheat flour.
tons of common wheat (in other words 1 1 765 metric
tons of common wheat flour) to UNWRA under its                         2. The tendering procedure shall take place in Italy
 1971 /72 food aid programme ;                                         in three lots. The products shall be mobilized on the
                                                                       Community market. The products shall be loaded for
Whereas analysis of the state of the Community                         departure from the Community ports listed in Annex
cereals market indicates that the criteria of Article 3                I.
(3) of Council Regulation (EEC) No 1693/72 should
be applied and that the product should be purchased                    3 . The invitation to tender provided for in para­
on the Community market ;                                              graph 1 is for supply of products delivered cif, that is
                                                                       to say, actually placed on the quay in one of the ports
Whereas the proposed invitation to tender should be                    of unloading listed in Annex II .
 for supply of the products cif, that is to say, actually
 placed on the quay at the port of unloading ;
                                                                       4. The successful tenderer shall deliver the product
                                                                       specified in paragraph 1 cif to one of the ports listed
                                                                       in Annex II in new jute sacks of a net capacity of 50
Whereas the award under the invitation to tender
                                                                       kilogrammes.
 must be made to the tenderer offering the best terms ;
                                                                       The following shall be printed on the sacks :
 Whereas, should force majeure make it impossible to
 complete the operation in question within the time                    'Wheat flour — gift of the European Community'.
 limits specified, it must be made clear who is to bear
 the liability for any resulting costs ;
                                                                                               Article 2
 Whereas provision 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 28 May 1973 .
 (')  OJ No  117, 19 . 6 . 1967, p . 2269/ 67.
 (2)  OJ No  L 73 , 27 . 3 . 1972, p . 14.
 (3 ) OJ No  L 73 , 27 . 3 . 1972, p . 5 .                              2.    The closing date for the submission of tenders
 (4)  OJ No  L 178 , 5 . 8 . 1972, p . 3 .                              shall be 28 May 1973 at 12 noon .
 ---pagebreak--- 18 . 5. 73                           Official Journal of the European Communities                        No L 131 /27
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 10 days before the closing
date for the submission of tenders .                            Flour not meeting these requirements shall be
                                                                refused .
                          Article 3
                                                                2.    Tenders for supply to UNRWA of the common
The contract shall be awarded to the tenderer offering          wheat flour referred to in Article 1 must relate to a
the best terms .                                                product with the following characteristics :
However, if the tenders submitted do not appear to              — Moisture : 1 4 % maximum
correspond to normal market prices and costs, the
intervention agency may cancel the invitation to                — Protein content : 10-5 % minimum (N x 6-25 on
tender.                                                             dry matter)
                          Article 4                             — 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 ; the secu­
rity is intended to guarantee that the operations speci­                                  Article 6
fied in Article 1 are duly completed. The security
shall be forfeit if those operations are not carried out
within the prescribed time limit, save as regards quan­         1 . The Italian intervention agency shall be respon­
tities not delivered owing to force majeure.                    sible for the operations relating to the invitations to
                                                                tender provided for by this Regulation .
2. The security provided for in paragraph 1 may be
given in the form of a cash deposit or of a guarantee           2.    It shall forthwith communicate to the Commis­
issued by a credit institution conforming to the                sion the list of firms which have responded to the invi­
criteria laid down by the Member State .                        tation to tender, specifying the terms of each tender,
                                                                together with the name and business name of the
                          Article 5                             successful tenderer.
1.     The common wheat flour referred to in Article 1
to be supplied to UNRWA must meet the following                                           Article 7
requirements :
— Moisture : 14 % maximum
                                                                This Regulation shall enter into force on the day of its
— Protein content : 10-5 % minimum (N x 6-25 on                 publication in the Official Journal of the European
     dry matter)                                                Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 15 May 1973 .
                                                                           For the Commission
                                                                               The President
                                                                          Francois-Xavier ORTOLI
 ---pagebreak--- No L 131 /28                Official Journal of the European Communities                         18 . 5 . 73
                                                   ANNEX 1
             Number                                          Minimum rate of loading
              of lot     Port from which consigned                  per day          Tonnage fob
                1                                                                       1 300
                2       Community ports                   Customs of the port          5 000
                3                                                                       5 465
                                                   ANNEX 11
             Number
              of lot        Port of unloading            Minimum rate of unloading   Tonnage cif
                1    Beirut                            i                                1 300
                                                       r
                2    Ashdod                              Customs of the port            5 000
                                                       i
                3    Ashdod                            )                                5 465