31973R0437

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 Whereas the Commission must be informed quickly tions for the mobilization of cereals as food aid, of the tenders submitted in response to the invita­ and in particular Article 6 thereof ; tion and of those accepted by the intervention agency ; Whereas on 23 May 1972 the Council of the Euro­ 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 aid action, of the Republic of Mali did not enable the quantity of — 3 311 metric tons of common wheat flour . 3 311 metric tons of flour to be purchased on the 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 . 3 . The invitation to tender provided for in para­ Whereas analysis of the state of the French cereals graph 1 is for delivery free at frontier, not unloaded, market indicates that the criteria of Article 3 (3 ) of 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 .

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 — humidity : not more than 14 °/o, pond to normal market prices and costs, the inter­ 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