CELEX: 31973R3320
Language: en
Date: 1973-12-07 00:00:00
Title: Regulation (EEC) No 3320/73 of the Commission of 7 December 1973 opening an invitation to tender for the mobilization of common wheat flour as aid for the Republic of Sri Lanka

8 . 12. 73                                   Official Journal of the European Communities                          No L 339/21
                               REGULATION (EEC) No 3320/73 OF THE COMMISSION
                                                            of 7 December 1973
               opening an invitation to tender for the mobilization of common wheat flour as
                                                   aid for the Republic of Sri Lanka
THE COMMISSION OF THE EUROPEAN                                          response to the invitation and of those accepted by
COMMUNITIES,                                                            the intervention agency ;
Having regard to the Treaty establishing the European                   Whereas the measures provided for in this Regulation
Economic Community ;                                                    are in accordance with the Opinion of the Manage­
                                                                        ment Committee for Cereals ,
Having regard to Council Regulation No 120/
67/ EEC (') of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 1 346/73 (2) ;                                          HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC) No
1 693/72 (3 ) of 3 August 1972 establishing the criteria                                         Article 1
for the mobilization of cereals to be used as food aid ,
and in particular Article 6 thereof ;                                    1.    An invitation to tender shall be issued in respect
                                                                        of the supply of 3 312 metric tons of common wheat
Whereas on 14 May 1973 the Council of the Euro­                         flour to the Republic of Sri Lanka by way of Commu­
pean Communities declared that by way of Commu­                         nity food aid action .
nity action it proposed to grant to the Republic of Sri
Lanka the equivalent of 1 0 000 metric tons of                          2. The tendering procedure shall take place in the
common wheat, in the form of flour, i.e. 6 623 metric                   Kingdom of the Netherlands and shall be in respect
tons of common wheat flour, under its 1972/ 73 food­                    of a single lot .
aid programme ;
                                                                        3 . The goods shall be mobilized on the Commu­
Whereas      examination       of    the     state  of  the   cereals
                                                                        nity market .
market in the Community indicates that the criteria
of Article 3 (3) of Council Regulation (EEC) No                         4.     Shipment shall be from one of the ports laid
 1693/72 should be applied, and in particular that the                  down in the Annex .
goods should be purchased on the Community
market ;                                                                5 . The goods referred to in paragraph 1 shall be
                                                                        supplied fob (that is to say the successful tenderer
Whereas the proposed invitation to tender should                        shall place them in the hold of the ship at the port of
relate to supply of the goods fob, i.e. up to the point                 shipment) in new cotton sacks of a maximum net
at which they are placed in the hold of the ship at the                 capacity of 68-038 kilogrammes.
port of shipment ;
Whereas      the  contract      should        be   awarded   to   the   6.     The following shall be printed on the sacks :
tenderer who makes the best offer ;                                     'Wheat flour — gift of the European Community'.
Whereas it must be made clear who is to bear any
costs which arise in the event that for reasons of force                                         Article 2
 majeure the operation in question is not completed
within the time stipulated ;                                             1 . The award of the contract shall take place on 4
Whereas provision should be made for security to be                     January 1974 .
given to guarantee fulfilment of obligations arising by                 2. The closing date for submission of tenders shall
virtue of participation in the invitation to tender for                 be 4 January 1974 at 12 noon .
the supply of goods to the Republic of Sri Lanka ;
                                                                        3.     The  notice   of  invitation to  tender shall   be
Whereas the Dutch intervention agency should in any
event be made responsible for organizing the invita­                     published in the Official Journal of the European
tion to tender ;                                                         Communities not less than ten days before the closing
                                                                        date for submission of tenders .
Whereas it is important that the Commission be
informed without delay of the tenders submitted in
                                                                                                 Article 3
(') OJ No 117, 19 . 6 . 1967, p . 2269 / 67.
(: ) O | No L 141 , 28 . .5 . 1973 , p . 8 .                            The contract shall be awarded to the tenderer who
p ) OJ No L 178 , 5 . 8 . 1972, p . 3 .                                 offers the most favourable terms . If it appears,
 ---pagebreak--- No L 339 /22                      Official Journal of the European Communities                             8 . 12. 73
however, that the tenders submitted do not reflect           2. Tenders for supply to the Republic of Sri Lanka
normal market prices and rates, the intervention             of the goods referred to in Article 1 must relate to
agency may cancel the invitation to tender.                  products with the following characteristics :
                                                             Common wheat flour :
                       Article 4
                                                             — moisture content : 15% maximum,
If, because of delay in the provision of ships for
effecting transport by sea, the successful tenderer is       — acidity : 4 ml NaOH/n maximum per 100 g (calcu­
unable to deliver the goods fob on the date fixed in             lated on the dry matter),
the notice of invitation to tender, the costs resulting      — ash content : 0-52 % maximum on the dry matter.
from such delay shall be borne by the intervention
agency.
                                                                                        Article 7
                       Article 5
                                                             1 . The intervention agency of the Kingdom of the
1 . The successful tenderer shall give security in an        Netherlands shall be responsible for organizing the
amount of 10 units of account per metric ton of              invitation to tender provided for by this Regulation .
goods ; the purpose of such security is to guarantee
performance of the operations specified in Articles 1        2.      It shall forthwith communicate to the Commis­
and 6 . The security shall be forfeit if those operations
are not carried out within the time stipulated, save as      sion the list of firms which have responded to the invi­
regards quantities not delivered for reasons of force        tation to tender, specifying the terms of each tender,
 majeu re.
                                                             together with the name and business name of the
                                                             successful tenderer.
2. The security referred to in paragraph 1 may be
given in the form of a cash deposit or of a guarantee        3 . The intervention agency shall request the
issued by a credit institution which satisfies the           successful tenderer to supply the following informa­
criteria laid down by each Member State .                    tion :
                       Article 6                             (a) After each shipment a certificate showing the quan­
                                                                  tities dispatched and the quality of the products ;
 1 . The goods referred to in Article 1 which are to         (b) The date of departure of the ships.
be supplied to the Republic of Sri Lanka must meet
the following requirements :                                 The information indicated above shall be forwarded
Common wheat flour :                                         by the intervention agency to the Commission im­
— moisture content : 15% maximum ,                           mediately upon receipt.
— acidity : 4 ml NaOH/ n maximum per 100 g (calcu­
     lated on the dry matter),
                                                                                        Article 8
— ash content : 0-52 % maximum on the dry matter.
If the goods referred to in Article 1 do not meet the        This Regulation shall enter into force on the day of its
foregoing requirements they shall be rejected and the        publication in the Official Journal of the European
successful tenderer shall be owner thereof .                 Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels , 7 December 1973 .
                                                                         For the Commission
                                                                             The President
                                                                        Frahcois-Xavier ORTOLl
 ---pagebreak--- 8 . 12 . 73                   Official Journal of the European Communities                        No L 339/23
                                                    ANNEX
            Number of lot
                                                        Minimum rate of loading
                          Port from which consigned            per day              Tonnage fob
                1         Antwerp or Rotterdam           Customs of the port    3 312 metric tons