31973R3320

8 . 12 . 73 Official Journal of the European Communities No L 339/21

REGULATION (EEC) No 3320/ 73 OF THE COMMISSION of 7 December 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 response to the invitation and of those accepted by COMMUNITIES , the intervention agency ;

Having regard to the Treaty establishing the European Whereas the measures provided for in this Regulation Economic Community ; are in accordance with the Opinion of the Manage­ ment Committee for Cereals , Having regard to Council Regulation No 120/ 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 (2) ; HAS ADOPTED THIS REGULATION :

Having regard to Council Regulation ( EEC) No 1 693/72 (3 ) of 3 August 1972 establishing the criteria Article 1 for the mobilization of cereals to be used as food aid , and in particular Article 6 thereof ; 1 . An invitation to tender shall be issued in respect of the supply of 3 312 metric tons of common wheat Whereas on 14 May 1973 the Council of the Euro­ flour to the Republic of Sri Lanka by way of Commu­ pean Communities declared that by way of Commu­ nity food aid action . nity action it proposed to grant to the Republic of Sri Lanka the equivalent of 1 0 000 metric tons of 2. The tendering procedure shall take place in the common wheat, in the form of flour, i.e. 6 623 metric Kingdom of the Netherlands and shall be in respect tons of common wheat flour, under its 1972/ 73 food­ of a single lot . aid programme ; 3 . The goods shall be mobilized on the Commu­ Whereas examination of the state of the cereals nity market . market in the Community indicates that the criteria of Article 3 ( 3 ) of Council Regulation ( EEC) No 4 . Shipment shall be from one of the ports laid 1693/72 should be applied, and in particular that the down in the Annex . goods should be purchased on the Community market ; 5 . The goods referred to in paragraph 1 shall be supplied fob (that is to say the successful tenderer Whereas the proposed invitation to tender should shall place them in the hold of the ship at the port of relate to supply of the goods fob, i.e. up to the point shipment) in new cotton sacks of a maximum net at which they are placed in the hold of the ship at the capacity of 68-038 kilogrammes. port of shipment ; Whereas the contract should be awarded to the 6 . The following shall be printed on the sacks : tenderer who makes the best offer ; 'Wheat flour — gift of the European Community'. Whereas it must be made clear who is to bear any costs which arise in the event that for reasons of force Article 2 majeure the operation in question is not completed within the time stipulated ; 1 . The award of the contract shall take place on 4 January 1974 . Whereas provision should be made for security to be given to guarantee fulfilment of obligations arising by 2. The closing date for submission of tenders shall virtue of participation in the invitation to tender for be 4 January 1974 at 12 noon . the supply of goods to the Republic of Sri Lanka ; 3 . The notice of invitation to tender shall be Whereas the Dutch intervention agency should in any published in the Official Journal of the European event be made responsible for organizing the invita­ tion to tender ; Communities not less than ten days before the closing date for submission of tenders . Whereas it is important that the Commission be informed without delay of the tenders submitted in Article 3 (') OJ No 117, 19 . 6 . 1967, p . 2269 / 67. The contract shall be awarded to the tenderer who (: ) O | No L 141 , 28 . .5 . 1973 , p . 8 . p ) OJ No L 178 , 5 . 8 . 1972, p . 3 . offers the most favourable terms . If it appears,

No L 339 /22 Official Journal of the European Communities 8 . 12 . 73

however, that the tenders submitted do not reflect 2. Tenders for supply to the Republic of Sri Lanka normal market prices and rates, the intervention of the goods referred to in Article 1 must relate to agency may cancel the invitation to tender. products with the following characteristics :

Common wheat flour : Article 4 — moisture content : 15% maximum , If, because of delay in the provision of ships for effecting transport by sea, the successful tenderer is — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ lated on the dry matter), unable to deliver the goods fob on the date fixed in the notice of invitation to tender, the costs resulting — ash content : 0-52 % maximum on the dry matter. from such delay shall be borne by the intervention agency . Article 7 Article 5 1 . The intervention agency of the Kingdom of the 1 . The successful tenderer shall give security in an Netherlands shall be responsible for organizing the amount of 10 units of account per metric ton of invitation to tender provided for by this Regulation . goods ; the purpose of such security is to guarantee performance of the operations specified in Articles 1 2 . It shall forthwith communicate to the Commis­ and 6 . The security shall be forfeit if those operations sion the list of firms which have responded to the invi­ are not carried out within the time stipulated, save as tation to tender, specifying the terms of each tender, regards quantities not delivered for reasons of force together with the name and business name of the majeu re. successful tenderer . 2 . The security referred to in paragraph 1 may be given in the form of a cash deposit or of a guarantee 3 . The intervention agency shall request the issued by a credit institution which satisfies the successful tenderer to supply the following informa­ criteria laid down by each Member State . tion :

Article 6 (a) After each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; 1 . The goods referred to in Article 1 which are to (b) The date of departure of the ships. be supplied to the Republic of Sri Lanka must meet the following requirements : The information indicated above shall be forwarded Common wheat flour : by the intervention agency to the Commission im­ — moisture content : 15% maximum , mediately upon receipt . — acidity : 4 ml NaOH/ n maximum per 100 g (calcu­ lated on the dry matter), Article 8 — ash content : 0-52 % maximum on the dry matter. If the goods referred to in Article 1 do not meet the This Regulation shall enter into force on the day of its foregoing requirements they shall be rejected and the publication in the Official Journal of the European successful tenderer shall be owner thereof . Communities.

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

Done at Brussels , 7 December 1973 . For the Commission The President Frahcois-Xavier ORTOLl

8 . 12 . 73 Official Journal of the European Communities No L 339/23

ANNEX

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

1 Antwerp or Rotterdam Customs of the port 3 312 metric tons