31973R1019

No L 102/8 Official Journal of the European Communities 17 . 4 . 73

REGULATION ( EEC) No 1019/73 OF THE COMMISSION of 13 April 1973 opening an invitation to tender for the mobilization of common wheat flour as aid for the World Food Programme

THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES , given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ; Having regard to the Treaty establishing the European whereas a deposit should also be made at a standard Economic Community ; rate of value in respect of the cereals placed in the charge of the tenderer, to guarantee that these cereals will be processed into flour for the FAO ; Having regard to Council Regulation No 120/ 67/EEC ( 1) of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by the Whereas the intervention agency of the Member State Act (2) annexed to the Treaty (3) concerning the acces­ on whose territory the wheat will be mobilized sion of new Member States to the European Economic assumed responsibility for the said wheat at the time of intervention ; whereas the abovementioned interven­ Community and the European Atomic Energy Community, signed at Brussels on 22 January 1972 ; tion agency has since then been responsible for admi­ nistrative matters concerning the stocks in its posses­ sion, and whereas it should therefore be made respon­ Having regard to Council Regulation No 290/69 (4) of sible for the tendering procedure in question ; 17 February 1969 laying down the conditions for the mobilization of cereals as food aid, as amended by Regulation (EEC) No 832/69 (5), as prolonged by Regu­ Whereas the Commission must be informed quickly lation (EEC) Nos 2338/69 (6) and 2046/70 (7), and in of the tenders submitted in response to the invitation particular Article 4 (2) thereof ; and of those accepted by the intervention agency ;

Whereas on 6 April 1971 the Council of the Euro­ Whereas the measures provided for in this Regulation pean Communities declared that by way of Commu­ are in accordance with the Opinion of the Manage­ ment Committee for Cereals ; nity action it proposed to grant the FAO the equiva­ lent of 9 000 metric tons of common wheat, in the form of flour, under its 1970/71 food aid programme ;

HAS ADOPTED THIS REGULATION : Whereas an analysis of the state of the cereals market, as far as intervention in Germany is concerned, indi­ cates that the criteria of Article 2 (2) of Council Regu­ Article 1 lation (EEC) No 290/ 69 should be applied, and that the cereals in stock in the warehouses of the interven­ tion agency of the abovementioned Member State 1 . Tenders are hereby invited for the supply, by should be mobilized and the conditions of mobiliza­ way of Community food aid action, to the FAO of tion laid down ; 5 960 metric tons of common wheat flour.

Whereas in the case of cereals held by the interven­ 2. The tendering procedure shall take place in the tion agencies tenders should be invited for the Federal Republic of Germany in pne lot. loading, transportation, processing and loading fob ; 3 . The invitation to tender shall be for the transpor­ Whereas the contract should be awarded to the tation and loading of 9 000 metric tons of common tenderer offering the best terms ; wheat for carriage in bulk from the place of storage to the processing establishment, and the processing and the loading fob of the common wheat flour, Whereas, in case it should be impossible for reasons of force majeure to complete the operation in ques­ by-products becoming the property of the tenderer. tion within the set time limits, it must be made clear The abovementioned quantity of common wheat is to be collected from the warehouses, listed in the annex, who is to bear any costs resulting therefrom ; of the intervention agency of the Member State con­ cerned . ( i) OJ No 117, 19 . 6. 1967, p . 2269/67. (2) OJ No L 73, 27 . 3 . 1972, p. 14. (J) OJ No L 73, 27. 3 . 1972, p. 5. 4. The common wheat flour referred to in para­ (4) OJ No L 41 , 18 . 2. 1969, p. 2. graph 1 is to be loaded fob, in new jute sacks of a net (5) OJ No L 107, 6. 5 . 1969 , p. 3 . (6) OJ No L 298 , 27. 11 . 1969, p . 8 . capacity of 50 kilogrammes, by the tenderer, in a V) OJ No L 228, 15. 10. 1970, p. 1 . Community C 2 port, all stowage costs being charged

17 . 4. 73 Official Journal of the European Communities No L 102/9

to the FAO . However, only seaports accessible to wheat, representing a flat rate value for the common ocean-going ships and used for international freight wheat in his charge. This deposit shall be forfeited if traffic can be designated as ports of shipment. the common wheat flour to be supplied does not meet the minimum and maximum requirements listed in 5. The following shall be printed on the outside of Article 6(1 ). the sacks : 3 . The security and the deposit required under para­ 'WHEAT FLOUR — GIFT OF THE EURO­ graphs 1 and 2 may be provided in the form of a cash PEAN COMMUNITY' deposit or of a guarantee issued by a credit institution conforming to criteria laid down by the Member State. Article 2 Article 6 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken 1 . The common wheat flour referred to in Article 1 on 2 May 1973 . to be supplied in the FAO must meet the following requirements : 2. The closing date for submission of tenders shall be 2 May 1973 at 12 noon . — moisture content : 14% maximum 3 . The notice of invitation to tender shall be — protein content : 10-5 % minimum (N x 625 on published in the Official Journal of the European dry matter) Communities not less than 10 days before the closing — ash content : 0 52 % maximum referred to dry date for submission of tenders . matter .

Article 3 If the flour does not meet one of the above require­ ments it shall be rejected and shall become the prop­ When making his offer, the tenderer shall take into erty of the tenderer. consideration the value of the by-products which he 2. Tenders for the supply to the FAO of the will acquire. The contract shall be awarded to the common wheat flour referred to in Article 1 must tenderer who makes the most favourable offer. relate to flour with the following characteristics : However, if the tenders submitted do not appear to — moisture content : 14 % maximum effect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. — protein content : 10-5% minimum (N x 625 on dry matter) Article 4 — ash content : 0-52 % maximum referred to dry matter . If the tenderer is unable to load the product fob on the date given in the notice of invitation to tender as a Article 7 result of the late availability of the vessels to be used for sea transportation, the resulting costs shall be 1 . The intervention agency of the Federal Republic borne by the intervention agency. of Germany shall be responsible for the operations relating to the invitation to tender provided for by this Article 5 Regulation . 1 . The successful tenderer shall give security of a 2 . It shall forthwith communicate to the Commis­ value of 10 units of account per metric ton of sion the list of firms which have responded to the invi­ common wheat ; the security is intended to guarantee tation to tender, specifying the terms of each tender, that the operations specified in Articles 1 and 6 are together with the name and business name of the duly completed. The security shall be forfeited if those successful tenderer. operations are not carried out within the prescribed time limit, save as regards quantities not delivered Article 8 owing to force majeure. This Regulation shall enter into force on the day of its 2. The successful tenderer shall give a deposit of publication in the Official Journal of the European Communities. 110 units of account per metric ton of common

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 13 April 1973 . For the Commission The President Francois-Xavier ORTOLI

No L 102/ 10 Official Journal of the European Communities 17. 4 . 73

ANNEX

Wheat flour Soft wheat

Port from which consigned Tonnage fob Address of store Quantity to be milled Town at which stored

Community ports 5 960 t 9 000 t whereof : Reitberger u. Schüssler 6 860 t Nürnberg 87 Würzburg Heinestraße 3

Reitberger u. Schüssler 2140 t Bergtheim 87 Würzburg Heinestraße 3