CELEX: 31973R3447
Language: en
Date: 1973-12-21 00:00:00
Title: Regulation (EEC) No 3447/73 of the Commission of 21 December 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 (UNRWA)

22 . 12 . 73                               Official Journal of the European Communities                         No L 353 / 19
                             REGULATION (EEC) No 3447 /73 OF THE COMMISSION
                                                        of 21 December 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
                                                              (UNRWA)
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 1346/73 (2 ) ;
                                                                      HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation ( EEC) No
1 693/72 (3) of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid, and                                        Article 1
in particular Article 6 thereof ;
                                                                      1 . Tenders are hereby invited for the supply to
Whereas on 14 May 1973 the Council of the Euro­                       UNRWA, by way of Community action , of 11 184
                                                                      metric tons of common wheat flour.
pean Communities declared that it proposed, by way
of Community action , to grant the equivalent of
16 888 metric tons of common wheat (in other words                    2. The tendering procedure shall take place in
11 184 metric tons of common wheat flour) to                          Germany in two lots . The products shall be mobilized
UNRWA under its 1972/73 food aid programme ;                          on the Community market. The products shall be
                                                                      loaded for departure from the Community ports listed
                                                                      in Annex I.
Whereas analysis of the state of the Community
cereals market indicates that the criteria of Article 3
(3) of Council Regulation ( EEC) No 1693/72 should                    3 . The invitation to tender provided for in para­
be applied and that the product should be purchased                   graph 1 is for supply of products delivered cif, that is
on the Community market ;                                             to say, actually placed on the quay in one of the ports
                                                                      of unloading listed in Annex II .
Whereas the proposed invitation to tender should be
for supply of the products cif, that is to say, actually              4. The successful tenderer shall deliver the product
placed on the quay at the port of unloading ;                         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 Economic
limits specified , it must be made clear who is to bear               Community'.
the liability for any resulting costs ;
                                                                                              Article 2
Whereas provision should be made for security to be
given for the purpose of guaranteeing that the obliga­
tions arising by virtue of participation in the invita­                1 . The decision on tenders received in response to
tion to tender for supplies to UNRWA will be                          the invitation provided for in Article 1 shall be taken
fulfilled ;                                                           on 10 January 1974 .
Whereas the German intervention agency should , in                    2 . The closing date for the submission of tenders
any event, be made responsible for the tendering                      shall be 10 January 1974 at 12 noon .
procedure ;                                                           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 . 197.3 , p. 8 .                             Communities not less than ten days before the closing
 3 OJ No L 178 , 5 . 8 . 1972, p. 3 .                                 date for the submission of tenders .
 ---pagebreak--- No L 353 / 20                      Official Journal of the European Communities                             22 . 12 . 73
                         Article J                           — Moisture : 14 % maximum ;
The contract shall be awarded to the tenderer offering       — Protein content : 10-5 % minimum (N x 6-25 on
the best terms .                                                  dry matter) ;
However, if the tenders submitted do not appear to
                                                             — Ash content : 0-52% maximum referred to dry
                                                                  matter .
correspond to normal market prices and costs, the
intervention agency may cancel the invitation to
tender.
                                                                                       Article 6
                         Article 4
                                                              1 . The German intervention agency shall be respon­
1 . The successful tenderer shall give security of a         sible for the operations relating to the invitation to
value of 10 units of account per metric ton ; the secu­      tender provided for by this Regulation .
rity is intended to guarantee that the operations speci­
                                                             2.     It shall forthwith communicate to the Commis­
fied in Article 1 are duly completed. The security
shall be forfeit if those operations are not carried out     sion the list of firms which have responded to the invi­
within the prescribed time limit, save as regards quan­      tation to tender, specifying the terms of each tender,
tities not delivered owing to force majeure.                 together with the name and business name of the
                                                             successful tenderer.
2. The security provided for in paragraph 1 may be
given in the form of a cash deposit or of a guarantee        3 . The intervention agency shall ask that the
issued by a credit institution conforming to the             tenderer specifies the following information :
criteria laid down by the Member State .
                                                             (a) after each shipment, a statement giving details of
                         Article 5                                the quantities loaded, the quality of the products
                                                                  and their packaging.
1.     The common wheat flour referred to in Article 1
                                                             (b) the date of the departure of the ships, the expected
to be supplied to UNRWA must meet the following                   date of arrival of the products at their destination .
requirements :
                                                             (c) all possible contingencies which might occur
— Moisture : 14 % maximum ;                                       during transportation of the products . The inter­
— Protein content : 10-5 % minimum (N x 6-25 on                   vention agency shall transmit the information
     dry matter) ;                                                provided for to the Commission as soon as it is
— Ash content : 0-52 % maximum referred to dry                    received .
     matter.
Flour not meeting these requirements shall be
                                                                                       Article 7
refused .
2.     Tenders for supply to UNRWA of the common             This Regulation shall enter into force on the day of its
wheat flour referred to in Article 1 must relate to a        publication in the Official Journal of the European
product with the following characteristics :                  Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels , 21 December 1973 .
                                                                        For the Commission
                                                                             The President
                                                                       Francois-Xavier ORTOLI
 ---pagebreak--- 22 . 12. 73                 Official Journal of the European Communities                                    No L 353/21
                                                    ANNEX I
                                                              Minimum rate of loading
            Number of lot Port from which consigned                                          Tonnage fob
                                                                     per day
                 1                                                                        5 500 metric tons
                             Community ports                   Customs of the port
                 2                                                                        5 684 metric tons
                                                    ANNEX U
            Number of lot      Port of unloading       !      Minimum rate of unloading       Tonnage cif
                  1                Ashdod                   )                           : 5 500 metric tons
                                                            / Customs or the port
                 2                 Ashdod                '■ )                             5 684 metric tons