CELEX: 31973R0437
Language: en
Date: 1973-02-16 00:00:00
Title: Regulation (EEC) No 437/73 of the Commission of 16 February 1973 opening a new invitation to tender for the mobilization of common wheat flour as food for the Republic of Mali

17. 2. 73                                 Official Journal of the European Communities                           No L 45 /21
                                  REGULATION (EEC) No 437/73 OF THE COMMISSION
                                                       of 16 February 1973
              opening a new invitation to tender for the mobilization of common wheat flour as food
                                                    aid for the Republic of Mali
THE COMMISSION OF THE EUROPEAN                                       Whereas the award under the invitation to tender
COMMUNITIES,                                                         must be made in favour of the tenderer offering the
                                                                     best terms ;
Having regard to the Treaty establishing the Euro­                   Whereas, should force majeure make it impossible
pean Economic Community ;                                            to complete the operation in question within the set
                                                                     time limits, it must be made clear who is to bear the
Having regard to Council Regulation No 120/                          liability for any resulting costs ;
67/EEC ( 1) of 13 June 1967 on the common organi­
zation of the market in cereals, as last amended by                  Whereas provision should be made for security to
the Act (2) annexed to the Treaty (3) on the Acces­                  be given for the purpose of guaranteeing that the
sion of new Member States to the European                            Obligations arising by virtue of participation in the
Economic Community and the European Atomic                           invitation to tender for supplies to the Republic of
Energy Community, signed at Brussels on 22                           Mali will be fulfilled ;
January 1972 ;                                                       Whereas .the intervention agency of the Member
                                                                     State should, in any event, be made responsible for
Having regard to Council Regulation (EEC) No                         the tendering (procedure in question ;
169/372 (4) of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid,                   Whereas the Commission must be informed quickly
and in particular Article 6 thereof ;                                of the tenders submitted in response to the invita­
                                                                     tion and of those accepted by the intervention
Whereas on 23 May 1972 the Council of the Euro­                      agency ;
pean Communities declared that by way of Commu­                      Whereas the measures provided for in this Regula­
nity action it proposed to grant the Republic of                     tion are in accordance with the Opinion of the
Mali 5 000 metric tons of grain sorghum and 5 000                    Management Committee for Cereals ;
metric tons of common wheat flour under its 1971 /
72 food aid programme ;
                                                                     HAS ADOPTED THIS REGULATION :
Whereas the invitation to tender opened in the
Community under Commission Regulation (EEC)                                                    Article 1
No 2620/72 ( 5) of 11 December 1972 opening an
invitation to tender for the mobilization of grain                   1.     Tumors are hereby invited for the supply to
sorghum and common wheat flour as food aid for                       the Republic of Mali, by way of Community food
the Republic of Mali did not enable the quantity of                  aid action, of
3 311 metric tons of flour to be purchased on the                    — 3 311 metric tons of common wheat flour .
Community market ; whereas a new invitation to                       2.     The tendering procedure shall take place in
tender should therefore be opened, for this quantity                 France in one lot. The products shall be mobilized
of the product which was provided for but not allo­                  on the Community market. The products shall be
cated ;                                                              loaded for departure from the Community ports .
Whereas analysis of the state of the French cereals                  3.     The invitation to tender provided for in para­
market indicates that the criteria of Article 3 (3 ) of              graph 1 is for delivery free at frontier, not unloaded,
                                                                     to Kidira via Dakar.
Council Regulation (EEC) No 1693/72 must be
applied , and that the products should be purchased                  4.     The    successful   tenderer shall  deliver  the
on the Community market ;                                            products specified in paragraph 1 in new jute sacks
                                                                     of a net capacity of 50 kilogrammes . The following
Whereas the proposed invitation to tender should be                  shall be printed on the sacks :
for supply of the products free, at frontier, not                    ' Farine de froment tendre — Don de la Commu­
unloaded, to Kidira via Dakar ;                                      naute economique europeenne".
                                                                                               Article 2
(!)   OJ No 117, 19 . 6. 1967, p . 2269/67 .
(2)   OJ No L 73 , 27. 3 . 1972, p. 14 .                              1.    The decision on tenders received in response to
 (3)  OJ No L 73 , 27. 3 . 1972 , p. 5 .
 (4)  OJ No L 178 , 5 . 8 . 1972 , p. 3 .                            the invitation provided for in Article 1 shall be
 (s ) OJ No L 277, 12 . 12 . 1972, p. 15 .                           taken on 5 March 1973 .
 ---pagebreak--- No L 45 /22                         Official Journal of the European Communities                            17. 2 . 73
2.    The closing date for submission of tenders               — protein content : not less than 10-5 °/o (NX 625
shall be 5 March 1973 at 12 noon .                                  referred to dry matter) ;
3.    The notice of invitation to tender shall be              — ash content : not more than 0-52 %> referred to
published in the Official Journal of the European                   dry matter.
Communities not less than 10 days before the
closing idate for submission of tenders .                      A product not meeting these requirements shall be
                                                               rejected.                                        \
                        Article 3
The contract shall be awarded to the tenderer who              2 . Tenders for supply to the Republic of Mali of
makes the most favourable offer.                               the products specified in Article 1 must relate to
                                                               products of the following characteristics :
However, if the tenders submitted do not corres­
pond to normal market prices and costs, the inter­             — humidity : not more than 14 °/o,
vention agency may cancel the invitation to tender.            — protein content : not less than 10-5 °/o (N X 625
                                                                    referred to dry matter) ;
                        Article 4                              — ash content : not more than 0-52 °/o referred to
1 . The successful tenderer shall give security of a                dry matter.
value of 10 units of account per metric tan of the
product ; the security is intended to guarantee that                                     Article 6
the operations specified in Article 1 are duly
completed. The security shall be forfeit if those oper­         1 . The French intervention agency shall be respon­
ations are not carried out within the prescribed time          sible for the operations relating to the invitation to
limit, save as regards quantities not delivered owing          tender provided for by this Regulation .
to force majeure.
2 . The security provided for in paragraph 1 may                2.    It shall forthwith communicate to the Commis­
be given in the form of a cash deposit or of a                  sion the list of firms which respond to the invitation
guarantee issued by a credit institution conforming            to tender, specifying the terms of each tender,
to the criteria laid down by the Member State.                  together with the name and business name of the
                                                                successful tenderer .
                        Article 5
                                                                                         Article 7
 1 . The products specified in Article 1 to be
 supplied to the Republic of Mali must meet the                 This Regulation shall enter into force on the day of
following requirements :                                        its publication in the Official Journal of the Euro­
— humidity : not more than 14 °/o,                             pean Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 16 February 1973 .
                                                                          For the Commission
                                                                              The President
                                                                         Francois-Xavier ORTOL1