CELEX: 31973R3388
Language: en
Date: 1973-12-14 00:00:00
Title: Regulation (EEC) No 3388/73 of the Commission of 14 December 1973 opening an invitation to tender for the mobilization of common wheat flour as aid for the Arab Republic of Egypt

No L 345 / 44                           Official Journal of the European Communities                            15 . 12. 73
                            REGULATION (EEC) No 3388/73 OF THE COMMISSION
                                                      of 14 December 1973
              opening an invitation to tender for the mobilization of common wheat flour as
                                              aid for the Arab Republic of Egypt
THE COMMISSION OF THE EUROPEAN                                     Whereas it is important that the Commission be
COMMUNITIES,                                                       informed without delay of the tenders submitted in
                                                                   response to the invitation and of those accepted by
Having regard to the Treaty establishing the European              the intervention agency ;
Economic Community ;
                                                                   Whereas the measures provided for in this Regulation
Having regard to Council Regulation No 120/                        are in accordance with the Opinion of the Manage­
67/ EEC (') of 13 June 1967 on the common organiza­                ment Committee for Cereals,
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 1 346/73 (2) ;
Having regard to Council Regulation (EEC) No                       HAS ADOPTED THIS REGULATION :
1 693/72 (3) of 3 August 1972 establishing the criteria
for the mobilization of cereals to be used as food aid,
and in particular Article 6 thereof ;
                                                                                           Article 1
Whereas on 23 May 1972 and on 14 May 1973 the
Council of the European Communities declared that                  1.    An invitation to tender shall be issued in respect
by way of Community action it proposed to grant to                 of the supply of 21 854 metric tons of common wheat
the Arab Republic of Egypt the equivalent of 33 000                flour to the Arab Republic of Egypt by way of
metric tons of common wheat, in the form of flour,                 Community food-aid action .
i.e. 21 854 metric tons of common wheat flour, under
its 1971 /72 and 1972/73 food-aid programmes ;                     2. The tendering procedure shall take place in
                                                                   France and shall be in respect of two lots.
Whereas     examination      of the      state  of  the cereals
market in the Community indicates that the criteria                3 . The goods shall be mobilized on the Commu­
of Article 3 (3) of Council Regulation (EEC) No                    nity market.
 1693/72 should be applied, and in particular that the
goods should be purchased on the Community                         4.    Shipment shall be from one of the ports laid
market ;                                                           down in the Annex .
Whereas the proposed invitation to tender should                    5 . The goods referred to in paragraph 1 shall be
relate to supply of the goods fob, i.e. up to the point            supplied fob (that is to say the successful tenderer
at which they are placed in the hold of the ship at the
                                                                   shall place them in the hold of the ship at the port of
port of shipment ;
                                                                   shipment) in jute sacks of a maximum net capacity of
Whereas     the  contract     should      be   awarded  to  the     67-485 kilogrammes.
tenderer who makes the best offer ;
                                                                    6.   The following shall be printed on the sacks :
Whereas it must be made clear who is to bear any
costs which arise in the event that for reasons of force           'Wheat flour — gift of the European Community'.
 majeure the operation in question is not completed
within the time stipulated ;
                                                                                           Article 2
Whereas provision should be made for security to be
given to guarantee fulfilment of obligations arising by             1 . The award of the contract shall take place on 4
virtue of participation in the invitation to tender for             January 1974.
 the supply of goods to the Arab Republic of Egypt ;
                                                                    2.   The closing date for submission of tenders shall
 Whereas the French intervention agency should in
                                                                    be 4 January 1974 at 12 noon .
 any event be made responsible for organizing the invi­
 tation to tender ;
                                                                    3.   The   notice  of  invitation  to tender    shall be
 (') OJ No 117, 19 . 6 . 1967, p. 2269/67.                          published in the Official Journal of the European
 (2) OJ No L 141 , 28 . 5 . 1973, p. 8 .                            Communities not less than ten days before the closing
(3 ) OJ No L 178 , 5 . 8 . 1972, p. 3 .                             date for submission of tenders .
 ---pagebreak--- 15 . 12 . 73                      Official Journal of the European Communities                         No L 345/45
                       Article 3                             — ash content : 0·52 % maximum on the dry matter.
The contract shall be awarded to the tenderer who            If the goods referred to in Article 1 do not meet the
offers the most favourable terms . If it appears,            foregoing requirements they shall be rejected and the
however, that the tenders submitted do not reflect           successful tenderer shall be owner thereof.
normal market prices and rates, the intervention             2. Tenders for supply to the Arab Republic of
agency may cancel the invitation to tender.                  Egypt of the goods referred to in Article 1 must relate
                                                             to products with the following characteristics :
                       Article 4
                                                             Common wheat flour :
If, because of delay in the provision of ships for
effecting transport by sea, the successful tenderer is       — moisture content : 15% maximum ,
unable to deliver the goods fob on the date fixed in         — acidity : 4 ml NaOH/n maximum per 100 g (calcu­
the notice of invitation to tender, the costs resulting          lated on the dry matter),
from such delay shall be borne by the intervention           — ash content : 0·52 % maximum on the dry matter.
agency.
                                                                                        Article 7
                       Article 5
                                                             1.       The French intervention agency shall be respon­
1 . The successful tenderer shall give security in an        sible for organizing the invitation to tender provided
amount of 10 units of account per metric ton of              for by this Regulation .
goods ; the purpose of such security is to guarantee         2.      It shall forthwith communicate to the Commis­
performance of the operations specified in Articles 1        sion the list of firms which have responded to the invi­
and 6. The security shall be forfeit if those operations     tation to tender, specifying the terms of each tender,
are not carried out within the time stipulated, save as      together with the name and business name of the
regards quantities not delivered for reasons of force        successful tenderer.
majeure.
                                                             3 . The intervention agency shall request the
2. The security referred to in paragraph 1 may be            successful tenderer to supply the following informa­
given in the form of a cash deposit or of a guarantee        tion :
issued by a credit institution which satisfies the
criteria laid down by each Member State .                    (a) After each shipment a certificate showing the quan­
                                                                  tities dispatched and the quality of the products ;
                       Article 6                             (b) The date of departure of the ships .
                                                             The information indicated above shall be forwarded
1 . The goods referred to in Article 1 which are to
be supplied to the Arab Republic of Egypt must meet          by the intervention agency to the Commission imme­
the following requirements :                                 diately upon receipt.
Common wheat flour :                                                                    Article 8
— moisture content : 15% maximum ,                           This Regulation shall enter into force on the day of its
— acidity : 4 ml Na OH/ n maximum per 100g (calcu­           publication in the Official Journal of the European
     lated on the dry matter),                               Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 14 December 1973 .
                                                                         For the Commission
                                                                             The President
                                                                        François-Xavier ORTOLI
 ---pagebreak--- No L 345 i 46                 Official Journal of the European Communities                           15 . 12 . 73
                                                      ANNEX
                                                          Minimum rate of loading
              Number of lut Port from which consigned                                 Tonnage fob
                                                                 per day
                   1                                                              10 000 metric tons
                               Community ports             Customs of the port
                   2                                                              11 854 metric tons