31973R3447

22 . 12 . 73 Official Journal of the European Communities No L 353 / 19

REGULATION ( EEC) No 3447 / 73 OF THE COMMISSION of 21 December 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 ( UNRWA)

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 1346/ 73 (2 ) ; HAS ADOPTED THIS REGULATION : Having regard to Council Regulation ( EEC) No 1 693 /72 (3) of 3 August 1972 laying down the condi­ tions for the mobilization of cereals as food aid, and Article 1 in particular Article 6 thereof ; 1 . Tenders are hereby invited for the supply to Whereas on 14 May 1973 the Council of the Euro­ UNRWA, by way of Community action , of 11 184 metric tons of common wheat flour . pean Communities declared that it proposed, by way of Community action , to grant the equivalent of 16 888 metric tons of common wheat (in other words 2 . The tendering procedure shall take place in 11 184 metric tons of common wheat flour) to Germany in two lots . The products shall be mobilized UNRWA under its 1972/ 73 food aid programme ; on the Community market . The products shall be loaded for departure from the Community ports listed in Annex I. Whereas analysis of the state of the Community cereals market indicates that the criteria of Article 3 (3) of Council Regulation ( EEC) No 1693 /72 should 3 . The invitation to tender provided for in para­ be applied and that the product should be purchased graph 1 is for supply of products delivered cif, that is on the Community market ; 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 'Wheat Flour — gift of the European Economic complete the operation in question within the time 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 given for the purpose of guaranteeing that the obliga­ 1 . The decision on tenders received in response to tions arising by virtue of participation in the invita­ the invitation provided for in Article 1 shall be taken tion to tender for supplies to UNRWA will be on 10 January 1974 . fulfilled ; 2 . The closing date for the submission of tenders Whereas the German intervention agency should , in shall be 10 January 1974 at 12 noon . any event, be made responsible for the tendering procedure ; 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 . 197.3 , p. 8 . Communities not less than ten days before the closing 3 OJ No L 178 , 5 . 8 . 1972, p. 3 . date for the submission of tenders .

No L 353 / 20 Official Journal of the European Communities 22 . 12 . 73

Article J — Moisture : 14 % maximum ; The contract shall be awarded to the tenderer offering — Protein content : 10-5 % minimum (N x 6-25 on the best terms . dry matter) ; — Ash content : 0-52% maximum referred to dry However, if the tenders submitted do not appear to matter . correspond to normal market prices and costs, the intervention agency may cancel the invitation to tender. Article 6

Article 4 1 . The German intervention agency shall be respon­ sible for the operations relating to the invitation to 1 . The successful tenderer shall give security of a tender provided for by this Regulation . value of 10 units of account per metric ton ; the secu­ rity is intended to guarantee that the operations speci­ 2 . It shall forthwith communicate to the Commis­ fied in Article 1 are duly completed. The security sion the list of firms which have responded to the invi­ shall be forfeit if those operations are not carried out tation to tender, specifying the terms of each tender, within the prescribed time limit, save as regards quan­ together with the name and business name of the tities not delivered owing to force majeure. successful tenderer . 2. The security provided for in paragraph 1 may be given in the form of a cash deposit or of a guarantee 3 . The intervention agency shall ask that the issued by a credit institution conforming to the tenderer specifies the following information : criteria laid down by the Member State . (a) after each shipment, a statement giving details of Article 5 the quantities loaded, the quality of the products and their packaging. 1 . The common wheat flour referred to in Article 1 (b) the date of the departure of the ships, the expected to be supplied to UNRWA must meet the following date of arrival of the products at their destination . requirements : (c) all possible contingencies which might occur — Moisture : 14 % maximum ; during transportation of the products . The inter­ — Protein content : 10-5 % minimum (N x 6-25 on vention agency shall transmit the information dry matter) ; provided for to the Commission as soon as it is received . — Ash content : 0-52 % maximum referred to dry matter . Flour not meeting these requirements shall be Article 7 refused . 2 . Tenders for supply to UNRWA of the common This Regulation shall enter into force on the day of its wheat flour referred to in Article 1 must relate to a publication in the Official Journal of the European product with the following characteristics : Communities.

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

Done at Brussels , 21 December 1973 . For the Commission

The President Francois-Xavier ORTOLI

22 . 12. 73 Official Journal of the European Communities No L 353/21

ANNEX I

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

1 5 500 metric tons Community ports Customs of the port 2 5 684 metric tons

ANNEX U

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

1 Ashdod ) : 5 500 metric tons / Customs or the port 2 Ashdod '■ ) 5 684 metric tons