31973R2939

No L 301 / 20 Official Journal of the European Communities 30 . 10 . 73

REGULATION ( EEC) No 2939/73 OF THE COMMISSION of 26 October 1973 opening an invitation to tender for the mobilization of common wheat and common wheat flour as aid for the World Food Programme

THE COMMISSION OF THE EUROPEAN Whereas the Commission must be informed quickly COMMUNITIES , of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to the Treaty establishing the European Economic Community ; Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ Having regard to Council Regulation No 120 / ment Committee for Cereals , 67/ EEC (') of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ lation ( EEC ) No 1 346 / 73 (-);

HAS ADOPTED THIS REGULATION : Having regard to Council Regulation ( EEC) No 1693/ 72 (3 ) of 3 August 1972 laying down the condi­ tions for the mobilization of cereals as food aid , and in particular Article 6 thereof ; Article 1 Whereas on 23 May 1972 the Council of the Euro­ pean Communities declared that by way of Commu­ 1 . Tenders are hereby invited for the supply, by nity action it proposed to grant to the World Food way of Community food aid action , to the World Programme 5 695 metric tons of common wheat and Food Programme of 5 695 metric tons of common wheat and 6 162 metric tons of common wheat flour . either the equivalent of 9 305 metric tons of common wheat , or 6 162 metric tons of common wheat flour under the 1971 / 72 food aid programme ; 2 . The tendering procedure shall take place in the Kingdom of Belgium in two lots . Whereas an anlysis of the state of the cereals market in the Community indicates that the criteria of Article 3 . The products shall be mobilized on the Commu­ 3 (3) of Council Regulation ( EEC) No 1693 /72 should nity market . be applied, and that the product should be bought on the Community market ; 4. Loading shall take place for shipment from a port of the Community. Whereas tenders should be invited for the supply of the product fob ; 5 . The common wheat is to be loaded fob, in bulk Whereas the contract should be awarded to the by the tenderer. The common wheat flour is to be tenderer offering the best terms ; loaded fob , in new jute sacks of a net capacity of 50 kg by the tenderer. Whereas in case it should be impossible for reasons of force majeure to complete the operation in question 6 . The following shall be printed on the sacks : within the set limits, it must be made clear who is to bear any costs resulting therefrom ; Farine de froment — Don de la Communaute economique europeenne. Whereas provision should be made for security to be given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender Artie e 2 for the supply of wheat to the WFP ;

Whereas the Belgian intervention agency should, at 1 . The decision on tenders received in response to all events, be made responsible for the tendering the invitation provided for in Article 1 shall be taken procedure in question ; on 16 November 1973 .

(') OJ No 117, 19 . 6 . 1967, p. 2269/67. (2) OJ No L 141 , 28 . 5 . 1973, p. 8 . 2 . The closing date for submission of tenders shall (>) OJ No L 178 , 5 . 8 . 1972, p. 3 . be 16 November 1973 at 12 noon .

30 . 10 . 73 No L 301 / 21 Official Journal of the European Communities

3 . The notice of invitation to tender shall be — ash content : 0-52 % maximum referred to dry matter . published in the Official Journal of the European Communities not less than ten days before the closing date for submission of tenders . If the products do not meet one of the above require­ ments they shall be rejected and shall become the property of the tenderer. Article 3 2 . Tenders for the supply to the WFP of the The contract shall be awarded to the tenderer who products referred to in Article 1 must relate to flour makes the most favourable offer . with the following characteristics :

However, if the tenders submitted do not appear to Common wheat : reflect normal market prices and costs, the interven­ must be of fair and sound merchantable quality and tion agency may cancel the invitation to tender. correspond at least to the standard quality for which the intervention price is fixed , except that the humidity shall not exceed 15-5% and that a Article 4 maximum tolerance of 3 % of sprouted grains and 1·5 % of miscellaneous impurities shall be allowed . If the tenderer is unable to load the product fob on the date given in the notice of invitation to tender as a Common wheat flour : result of the late availability of the vessels to be used for sea transportation , the resulting costs shall be — moisture content : 15% maximum , borne by the intervention agency . — acidity : maximum 4 ml NaOHn per 100 g (on dry matter), Article 5 — 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 of flour and 5 units of account per metric ton of common Article 7 wheat ; the security is intended to guarantee that the operations specified in Articles 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 this time limit , save as regards quantities not delivered Regulation . owing to force majeure. 2 . It shall forthwith communicate to the Commis­ 2 . The security required under paragraph 1 may be sion the list of firms which have responded to the invi­ provided in the form of a cash deposit or of a tation to tender, specifying the terms of each tender, guarantee issued by a credit institution conforming to together with the name and business name of the criteria laid down by each Member State . successful tenderer .

Article 6 3 . The intervention agency shall request the successful tenderer to supply the following informa­ tion ' : 1 . The products referred to in Article 1 to be supplied to the WFP must meet the following require­ ments : (a) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; Common wheat : (b) the date of departure of the ships . must be of fair and sound merchantable quality and correspond at least to the standard quality for which The information indicated above shall be forwarded the intervention price is fixed , except that the by the intervention agency to the Commission imme­ humidity shall not exceed 15-5% and that a diately upon receipt . maximum tolerance of 3 % of sprouted grains and 1·5% of miscellaneous impurities shall be allowed .

Article 8 Common wheat flour : — moisture content : 15% maximum , 1 his Regulation shall enter into force on the day of its — acidity : maximum 4 ml NaOHn per 100 g (on publication in the Official Journal of the European dry matter), Communities.

No L 301 / 22 Official Journal of the European Communities 30 . 10 . 73

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

Done at Brussels, 26 October 1973 . For the Commission

The President

Francois-Xavier ORTOLI