31973R1396

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/ Whereas the Belgian intervention agency should, at 67/EEC (*) of 13 June 1967 on the common organi­ all events, be made responsible for the tendering zation of the market in cereals, as last amended by procedure in question ; the Act (2 ) annexed to the Treaty (3 ) concerning the 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 shall be 15 June 1973 at 12 noon . («) OJ No 117, 19. 6. 1967, p . 2269/67. (») 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

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. 2. Tenders for the supply to the Republic of Sri; Article 4 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 — moisture content : 15 °/o maximum, be used for sea transportation, the resulting costs 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 1 . The intervention agency of the Kingdom of, completed. The security shall be forfeited if those Belgium shall be responsible for the operations operations are not carried out within the prescribed relating to the invitation to tender provided for by time limit, save as regards quantities not delivered this Regulation . owing to force majeure. 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.

Article6¶

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 Minimum rate of loading per day Tonnage fob consigned

1 Anvers Customs of the port 7 285