CELEX: 31973R1396
Language: en
Date: 1973-05-25 00:00:00
Title: Regulation (EEC) No 1396/73 of the Commission of 25 May 1973 opening an invitation to tender for the mobilization of common wheat flour as aid for the Republic of Sri Lanka

No L 139 / 12                             Official Journal of the European Communities                              26 . 5 . 73
                                   REGULATION (EEC) No 1396/73 OF THE COMMISSION
                                                          of 25 May 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                                       tion within the set time limits, it must be made
 COMMUNITIES,                                                          clear who is to bear any costs resulting therefrom ;
                                                                      Whereas provision should be made for security to
 Having regard to the Treaty establishing the Euro­                   be given to guarantee fulfilment of the obligations
 pean Economic Community ;                                            arising by virtue of participation in the invitation to
                                                                      tender for the supply of wheat flour to the Republic
                                                                       of Sri Lanka ;
Having regard to Council Regulation No 120/
67/EEC (*) of 13 June 1967 on the common organi­                      Whereas the Belgian intervention agency should, at
zation of the market in cereals, as last amended by                    all events, be made responsible for the tendering
the Act (2) annexed to the Treaty (3) concerning the                  procedure in question ;
Accession of new Member States to the European                        Whereas the Commission must be informed quickly
Economic Community and the European Atomic                            of the tenders submitted in response to the invita­
Energy Community, signed at Brussels on 22                            tion and of those accepted by the intervention
January 1972 ;                                                         agency ;
                                                                      Whereas the measures provided for in this Regula­
Having regard to Council Regulation (EEC ) No                         tion are in accordance with the Opinion of the
 1693/72 (4) of 3 August 1972 laying down the con­                    Management Committee for Cereals ;
ditions for the mobilization of cereals as food aid,
and in particular Article 6 thereof ;                                 HAS ADOPTED THIS REGULATION :
                                                                                              Article 1
Whereas on 23 May 1972 the Council of the Euro­
pean Communities declared that by way of Commu­                       1.     Tenderers are hereby invited for the supply, by
nity action it proposed to grant the Republic of Sri                  way of Community food aid action, to the Republic
Lanka the equivalent of 11 000 metric tons of                         of Sri Lanka of 7 285 metric tons of common wheat
common wheat or 7 285 metric tons of wheat flour,                     flour.
under its 1971 /72 food aid programme ;
                                                                      2.     The tendering procedure shall take place in
                                                                      the Kingdom of Belgium in one lot.
Whereas an analysis of the state of the cereals
                                                                      3.     The product shall be mobilized on the Commu­
market in the Community indicates that the criteria
                                                                      nity market.
of Article 3 (3 ) of Council Regulation (EEC) No
1693/72 should be applied, and that the product                       4. Loading shall take place for shipment from the
should be bought on the Community market ;                            Community in the port indicated in the Annex.
                                                                     5 . The product referred to in paragraph 1 is to
Whereas tenders should be invited for the supply of                  be loaded fob, that is to say at the moment when the
the product fob ; that is to say at the moment when                   goods are loaded into the hold of the ship in the
the goods are loaded into the hold of the ship in                    port of loading in new jute sacks of a net capacity
the port of loading ;                                                of 68-038 kg by the tenderer.
                                                                      6. The following shall be printed on the sacks :
Whereas the contract should be awarded to the                         'Wheat Flour — Gift of the European Community'.
tenderer offering the best terms ;
                                                                                              Article 2
Whereas, in case it should be impossible for reasons                  1 . The decision on tenders received in response
of force majeure to complete the operation in ques­                  to the invitation provided for in Article 1 shall be
                                                                      taken on 15 June 1973 .
                                                                     2.      The closing date for submission of tenders
(«) OJ No   117, 19. 6. 1967, p . 2269/67.
                                                                      shall be 15 June 1973 at 12 noon .
(») OJ No   L 73 , 27. 3 . 1972, p . 14 .                            3.     The notice of invitation to tender shall be
(») OJ No   L 73 , 27. 3 . 1972, p . 5 .
(«) OJ No   L 178 , 5 . 8 . 1972 , p . 3 .                           published in the Official Journal of the European
 ---pagebreak---  26 . 5 . 73                              Official Journal of the European Communities                             No L 139/ 13
 Communities not less than ten days before the                         Common wheat flour :
 closing date for submission of tenders .
                                                                       — moisture content : 15 °/o maximum,
                           Article 3                                  — acidity : maximum 4 ml NaOHn per 100 g (on
                                                                           dry matter),
The contract shall be awarded to the tenderer who
makes the most favourable offer.                                      — ash content : 0·7 %> maximum referred to dry
                                                                           matter.
However, if the tenders submitted do not appear to                    If the product does not meet one of the above
reflect normal market prices and costs, the interven­                 requirements it shall be rejected and shall become
tion agency may cancel the invitation to tender.                       the property of the tenderer.
                           Article 4                                  2. Tenders for the supply to the Republic of Sri;
                                                                       Lanka of the product referred to in Article 1 must
If the tenderer is unable to load the product fob on                   relate to flour with the following characteristics :
the date given in the notice of invitation to tender                   Common wheat flour :
as a result of the late availability of the vessels to
be used for sea transportation, the resulting costs                   — moisture content : 15 °/o maximum,
shall be borne by the intervention agency.                            — acidity : maximum 4 ml NaOHn per 100 g (on
                                                                           dry matter),
                           Article S
                                                                      — ash content : 0·7 °/o maximum referred to dry
                                                                           matter .
1.     The successful tenderer shall give security of a
value of 10 units of account per metric ton of the
product ; the security is intended to guarantee that                                           Article 7
the operations specified in Article 1 and 6 are duly
completed. The security shall be forfeited if those                   1 . The intervention agency of the Kingdom of,
operations are not carried out within the prescribed                  Belgium shall be responsible for the operations
time limit, save as regards quantities not delivered                  relating to the invitation to tender provided for by
owing to force majeure.                                               this Regulation.
                                                                      2.     It shall forthwith communicate to the Commis­
2. The security required under paragraph 1 may                        sion the list of firms which have responded to the
be provided in the form of a cash deposit or of a                     invitation to tender, specifying the terms of each
guarantee issued by a credit institution conforming                   tender, together with the name and business name
to criteria laid down by each Member State.                           of the successful tenderer.
                           Article 6                                                           Article 8
1 . The product referred to in Article 1 to be                        This Regulation shall enter into force on the day of
supplied to the Republic of Sri Lanka must meet the                   its publication in the Official Journal of the Euro­
following requirements :                                              pean Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at Brussels, 25 May 1973 .
                                                                                 For the Commission
                                                                                     The President
                                                                               François-Xavier ORTOLI
                                                             ANNEX
                 Number of        Port from which
                    lot              consigned                 Minimum rate of loading per day         Tonnage fob
                     1                Anvers                       Customs of the port                   7 285