CELEX: 31974R0453
Language: en
Date: 1974-02-22 00:00:00
Title: Regulation (EEC) No 453/74 of the Commission of 22 February 1974 opening an invitation to tender for the mobilization of common wheat flour as aid for the Republic of Sri Lanka

No L 51 / 20                              Official Journal of the European Communities                                 23 . 2. 74
                               REGULATION (EEC) No 453/74 OF THE COMMISSION
                                                            of 22 February 1974
               opening a invitation to tender for the mobilization of common wheat flour as
                                                   aid for the Republic of Sri Lanka
THE COMMISSION OF THE EUROPEAN                                          virtue of participation in the invitation to tender for
COMMUNITIES,                                                            the supply of goods to the Republic of Sri Lanka ;
Having regard to the Treaty establishing the European                   Whereas the Dutch intervention agency should be
Economic Community ;                                                    made responsible for organizing the invitation to
Having regard to Council Regulation No 120/                              tender ;
67/EEC ( J ) of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­                 Whereas it is important that the Commission be
lation (EEC) No 1 346/73 (2) ;                                           informed without delay of the tenders submitted in
                                                                         response to the invitation and of those accepted by
Having regard to Council Regulation (EEC) No                            the intervention agency ;
1 693/72 (3) of 3 August 1972 establishing the criteria
for the mobilization of cereals to be used as food aid,                 Whereas the measures provided for in this Regulation
and in particular Article 6 thereof ;                                    are in accordance with the Opinion of the Manage­
                                                                         ment Committee for Cereals,
Whereas on 14 May 1973 the Council of the Euro­
pean Communities declared that by way of Commu­
nity action it proposed to grant to the Republic of Sri
Lanka the equivalent of 10 000 metric tons of                            HAS ADOPTED THIS REGULATION :
common wheat, in the form of flour, i.e. 6 623 metric
tons of common wheat flour, under its 1972/73 food­
aid programme ;                                                                                 Article 1
Whereas the invitation to tender opened in the                            1 . An invitation to tender shall be issued in respect
Community under Commission Regulation (EEC) No                           of the supply of 3 311 metric tons of common wheat
288/74 (4) of 1 February 1974 opening an invitation to                   flour to the Republic of Sri Lanka by way of Commu­
tender for the mobilization of common wheat flour as                     nity food-aid action .
aid for the Republic of Sri Lanka was not allocated ;
whereas a new invitation to tender should therefore be                   2. The tendering procedure shall take place in the
opened ;                                                                 Kingdom of the Netherlands and shall be in respect
Whereas     examination        of   the      state  of  the   cereals
                                                                         of a single lot.
 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
 relate to supply of the goods fob, i.e. up to the point                  5. The good referred to in paragraph 1 shall be
 at which they are placed in the hold of the ship at the                  supplied fob (that is to say the successful tenderer
 port of shipment ;                                                       shall place them in the hold of the ship at the port of
                                                                          shipment) in new cotton sacks of a maximum net
 Whereas the contract should be awarded to the
                                                                          capacity of 68-038 kilogrammes.
 tenderer who makes the best offer ;
 Whereas it must be made clear who is to bear any                         6.    The following shall be printed on the sacks :
 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 8
                                                                           March 1974 .
 (M  OJ No   117, 19 . 6 . 1967, p . 2269/ 67 .
 (2) OJ  No  L 141 , 28 . 5 . 1973 , p . 8 .
 P)  OJ  No  L 178 , 5. 8 . 1972, p. 3 .                                   2.   The closing date for submission of tenders shall
 («) OJ  No  L 29 , 2. 2. 1974, p . 17.                                    be 8 March 1974 at 12 noon .
 ---pagebreak--- 23 . 2 . 74                         Official Journal of the European Communities                          No L 51 /21
3.     The   notice   of invitation  to  tender  shall be      — ash content : 0-52 % maximum on the dry matter.
published in the Official Journal of the European
Communities not less than nine days before the                 If the goods referred to in Article 1 do not meet the
closing date for submission of tenders.                        foregoing requirements they shall be rejected and the
                                                               successful tenderer shall be owner thereof.
                         Article 3
                                                               2. Tenders for supply to the Republic of Sri Lanka
The contract shall be awarded to the tenderer who              of the goods referred to in Article 1 must relate to
offers the most favourable terms. If it appears,               products with the following characteristics :
however, that the tenders submitted do not reflect             Common wheat flour :
normal market prices and rates, the intervention
agency may cancel the invitation to tender.                    — moisture content : 1 5 % maximum,
                                                               — acidity : 4 ml NaOH/n maximum per 100 g (calcu­
                         Article 4
                                                                   lated on the dry matter),
If, because of delay in the provision of ships for             — ash content : 0-52 % maximum on the dry matter.
effecting transport by sea, the successful tenderer is
unable to deliver the goods fob on the date fixed in
the notice of invitation to tender, the costs resulting                                  Article 7
from such delay shall be borne by the intervention
agency.                                                        1 . The intervention agency of the Kingdom of the
                                                               Netherlands shall be responsible for organizing the
                         Article 5                             invitation to tender provided for by this Regulation.
1 . The successful tenderer shall give security in an          2.     It shall forthwith communicate to the Commis­
amount of 10 units of account per metric ton of                sion the list of firms which have responded to the invi­
goods ; the purpose of such security is to guarantee           tation to tender, specifying the terms of each tender,
performance of the operations specified in Articles 1          together with the name and business name of the
and 6. The security shall be forfeit if those operations       successful tenderer.
are not carried out within the time stipulated, save as
regards quantities not delivered for reasons of force          3 . The intervention agency shall request the
majeure.                                                       successful tenderer to supply the following informa­
                                                               tion :
2. The security referred to in paragraph 1 may be
given in the form of a cash deposit or of a guarantee          (a) After each shipment a certificate showing the quan­
issued by a credit institution which satisfies the                 tities dispatched and the quality of the products ;
criteria laid down by each Member State.
                                                               (b) The date of departure of the ships.
                         Article 6                             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 Republic of Sri Lanka must meet             diately upon receipt.
the following requirements :
Common wheat flour :                                                                     Article 8
— moisture content : 1 5 % maximum,
                                                               This Regulation shall enter into force on the day of its
— acidity : 4 ml NaOH/n maximum per 100 g (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, 22 February 1974.
                                                                          For the Commission
                                                                              The President
                                                                         Francois-Xavier ORTOLI
 ---pagebreak--- No L 51 /22                  Official Journal of the European Communities                           23 . 2. 74
                                                      ANNEX
            Number of lot
                                                          Minimum rate of loading
                            Port from which consigned            per day             Tonnage fob
                                                                             .
                           Port of the Atlantic, the
                 1
                          Channel or the North Sea         Customs of the port    3 311 metric tons