31973R3388

No L 345 / 44 15 . 12 . 73 Official Journal of the European Communities

REGULATION ( EEC) No 3388 /73 OF THE COMMISSION of 14 December 1973 opening an invitation to tender for the mobilization of common wheat flour as aid for the Arab Republic of Egypt

THE COMMISSION OF THE EUROPEAN Whereas it is important that the Commission be COMMUNITIES , informed without delay of the tenders submitted in response to the invitation and of those accepted by Having regard to the Treaty establishing the European the intervention agency ; Economic Community ; Whereas the measures provided for in this Regulation Having regard to Council Regulation No 120/ are in accordance with the Opinion of the Manage­ 67/ EEC (') of 13 June 1967 on the common organiza­ ment Committee for Cereals, tion of the market in cereals, as last amended by Regu­ lation ( EEC) No 1 346/ 73 (2 ) ;

Having regard to Council Regulation ( EEC) No HAS ADOPTED THIS REGULATION : 1 693/72 (3) of 3 August 1972 establishing the criteria for the mobilization of cereals to be used as food aid, and in particular Article 6 thereof ; Article 1 Whereas on 23 May 1972 and on 14 May 1973 the Council of the European Communities declared that 1 . An invitation to tender shall be issued in respect by way of Community action it proposed to grant to of the supply of 21 854 metric tons of common wheat the Arab Republic of Egypt the equivalent of 33 000 flour to the Arab Republic of Egypt by way of metric tons of common wheat, in the form of flour, Community food-aid action . i.e. 21 854 metric tons of common wheat flour, under its 1971 /72 and 1972/73 food-aid programmes ; 2. The tendering procedure shall take place in France and shall be in respect of two lots. Whereas examination of the state of the cereals market in the Community indicates that the criteria 3 . The goods shall be mobilized on the Commu­ of Article 3 (3) of Council Regulation (EEC) No nity market. 1693/ 72 should be applied, and in particular that the goods should be purchased on the Community 4. Shipment shall be from one of the ports laid market ; down in the Annex .

Whereas the proposed invitation to tender should 5 . The goods referred to in paragraph 1 shall be relate to supply of the goods fob, i.e. up to the point supplied fob (that is to say the successful tenderer at which they are placed in the hold of the ship at the shall place them in the hold of the ship at the port of port of shipment ; shipment) in jute sacks of a maximum net capacity of 67-485 kilogrammes . Whereas the contract should be awarded to the tenderer who makes the best offer ; 6 . The following shall be printed on the sacks : Whereas it must be made clear who is to bear any costs which arise in the event that for reasons of force 'Wheat flour — gift of the European Community'. majeure the operation in question is not completed within the time stipulated ; Article 2 Whereas provision should be made for security to be given to guarantee fulfilment of obligations arising by 1 . The award of the contract shall take place on 4 virtue of participation in the invitation to tender for January 1974. the supply of goods to the Arab Republic of Egypt ; 2 . The closing date for submission of tenders shall Whereas the French intervention agency should in be 4 January 1974 at 12 noon . any event be made responsible for organizing the invi­ tation to tender ; 3 . The notice of invitation to tender shall be published in the Official Journal of the European (') OJ No 117, 19 . 6 . 1967, p. 2269/67. (2) OJ No L 141 , 28 . 5 . 1973, p. 8 . Communities not less than ten days before the closing (3 ) OJ No L 178 , 5 . 8 . 1972, p. 3 . date for submission of tenders .

15 . 12 . 73 Official Journal of the European Communities No L 345/45

Article 3 — ash content : 0·52 % maximum on the dry matter. The contract shall be awarded to the tenderer who If the goods referred to in Article 1 do not meet the offers the most favourable terms . If it appears, foregoing requirements they shall be rejected and the however, that the tenders submitted do not reflect successful tenderer shall be owner thereof. normal market prices and rates, the intervention 2. Tenders for supply to the Arab Republic of agency may cancel the invitation to tender. Egypt of the goods referred to in Article 1 must relate to products with the following characteristics : Article 4 Common wheat flour : If, because of delay in the provision of ships for — moisture content : 15% maximum , effecting transport by sea, the successful tenderer is unable to deliver the goods fob on the date fixed in — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ the notice of invitation to tender, the costs resulting lated on the dry matter), from such delay shall be borne by the intervention — ash content : 0·52 % maximum on the dry matter. agency . Article 7 Article 5 1 . The French intervention agency shall be respon­ 1 . The successful tenderer shall give security in an sible for organizing the invitation to tender provided amount of 10 units of account per metric ton of for by this Regulation . goods ; the purpose of such security is to guarantee 2 . It shall forthwith communicate to the Commis­ performance of the operations specified in Articles 1 sion the list of firms which have responded to the invi­ and 6. The security shall be forfeit if those operations tation to tender, specifying the terms of each tender, are not carried out within the time stipulated , save as together with the name and business name of the regards quantities not delivered for reasons of force successful tenderer . majeure. 3 . The intervention agency shall request the 2. The security referred to in paragraph 1 may be successful tenderer to supply the following informa­ given in the form of a cash deposit or of a guarantee tion : issued by a credit institution which satisfies the criteria laid down by each Member State . (a) After each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; Article 6 (b) The date of departure of the ships . The information indicated above shall be forwarded 1 . The goods referred to in Article 1 which are to by the intervention agency to the Commission imme­ be supplied to the Arab Republic of Egypt must meet diately upon receipt. the following requirements :

Common wheat flour : Article 8

— moisture content : 15% maximum , This Regulation shall enter into force on the day of its — acidity : 4 ml Na OH/ n maximum per 100g (calcu­ publication in the Official Journal of the European lated on the dry matter), Communities.

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

Done at Brussels, 14 December 1973 .

For the Commission

The President

François-Xavier ORTOLI

No L 345 i 46 Official Journal of the European Communities 15 . 12 . 73

ANNEX

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

1 10 000 metric tons Community ports Customs of the port 2 11 854 metric tons