31973R1293

No L 131 /26 Official Journal of the European Communities 18 . 5 . 73

REGULATION ( EEC) No 1293/73 OF THE COMMISSION of 15 May 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 (UNWRA)

THE COMMISSION OF THE EUROPEAN tions arising by virtue of participation in the invita­ COMMUNITIES , tion to tender for supplies to UNWRA will be ful­ filled ; Having regard to the Treaty establishing the European Economic Community ; Whereas the Italian intervention agency should, in any event, be made responsible for the tendering procedure ; Having regard to Council Regulation No 120/67/EEC (') of 13 June 1967 on the common Whereas the Commission must be informed quickly organization of the market in rice, as last amended by of the tenders submitted in response to the invitation the Act (2) annexed to the Treaty (3) concerning the and of those accepted by the intervention agency ; accession of new Member States to the European Economic Community and the European Atomic Whereas the measures provided for in this Regulation Energy Community, signed at Brussels on 22 January are in accordance with the Opinion of the Manage­ 1972 ; ment Committee for Cereals ;

Having regard to Council Regulation (EEC) No 1 693/72 (4) of 3 August 1972 laying down the condi­ HAS ADOPTED THIS REGULATION : tions for the mobilization of cereals as food aid, and in particular Article 6 thereof ; Article 1 Whereas on 23 May 1972 and 19 December 1972 the Council of the European Communities declared that 1 . Tenders are hereby invited for the supply to it proposed, by way of Community action, to grant the UNWRA by way of Community action, of 11 765 equivalent of 13 129 metric tons and 4 636 metric metric tons of common wheat flour . tons of common wheat (in other words 1 1 765 metric tons of common wheat flour) to UNWRA under its 2. The tendering procedure shall take place in Italy 1971 /72 food aid programme ; in three lots. The products shall be mobilized on the Community market. The products shall be loaded for Whereas analysis of the state of the Community departure from the Community ports listed in Annex cereals market indicates that the criteria of Article 3 I. (3) of Council Regulation (EEC) No 1693/72 should be applied and that the product should be purchased 3 . The invitation to tender provided for in para­ on the Community market ; graph 1 is for supply of products delivered cif, that is 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 Community'. limits specified , it must be made clear who is to bear the liability for any resulting costs ; Article 2 Whereas provision should be made for security to be 1 . The decision on tenders received in response to given for the purpose of guaranteeing that the obliga­ the invitation provided for in Article 1 shall be taken on 28 May 1973 . (') OJ No 117, 19 . 6 . 1967, p . 2269/ 67. (2) OJ No L 73 , 27 . 3 . 1972, p . 14. (3 ) OJ No L 73 , 27 . 3 . 1972, p . 5 . 2. The closing date for the submission of tenders (4) OJ No L 178 , 5 . 8 . 1972, p . 3 . shall be 28 May 1973 at 12 noon .

18 . 5 . 73 Official Journal of the European Communities No L 131 /27

3 . The notice of invitation to tender shall be — Ash content : 0-52 % maximum referred to dry published in the Official Journal of the European matter . Communities not less than 10 days before the closing date for the submission of tenders . Flour not meeting these requirements shall be refused . Article 3 2. Tenders for supply to UNRWA of the common The contract shall be awarded to the tenderer offering wheat flour referred to in Article 1 must relate to a the best terms . product with the following characteristics : However, if the tenders submitted do not appear to — Moisture : 1 4 % maximum correspond to normal market prices and costs, the intervention agency may cancel the invitation to — Protein content : 10-5 % minimum (N x 6-25 on tender. dry matter)

Article 4 — Ash content : 0-52 % maximum referred to dry matter 1 . The successful tenderer shall give security of a value of 10 units of account per metric ton ; the secu­ rity is intended to guarantee that the operations speci­ Article 6 fied in Article 1 are duly completed. The security shall be forfeit if those operations are not carried out 1 . The Italian intervention agency shall be respon­ within the prescribed time limit, save as regards quan­ sible for the operations relating to the invitations to tities not delivered owing to force majeure. tender provided for by this Regulation . 2. The security provided for in paragraph 1 may be given in the form of a cash deposit or of a guarantee 2 . It shall forthwith communicate to the Commis­ issued by a credit institution conforming to the sion the list of firms which have responded to the invi­ criteria laid down by the Member State . tation to tender, specifying the terms of each tender, together with the name and business name of the Article 5 successful tenderer.

1 . The common wheat flour referred to in Article 1 to be supplied to UNRWA must meet the following Article 7 requirements : — Moisture : 14 % maximum This Regulation shall enter into force on the day of its — Protein content : 10-5 % minimum (N x 6-25 on publication in the Official Journal of the European dry matter) Communities.

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

Done at Brussels, 15 May 1973 . For the Commission

The President Francois-Xavier ORTOLI

No L 131 / 28 Official Journal of the European Communities 18 . 5 . 73

ANNEX 1

Number Minimum rate of loading of lot Port from which consigned per day Tonnage fob

1 1 300 2 Community ports Customs of the port 5 000 3 5 465

ANNEX 11

Number of lot Port of unloading Minimum rate of unloading Tonnage cif

1 Beirut 1 300 i r 2 Ashdod Customs of the port 5 000 i 3 Ashdod ) 5 465