CELEX: 31974R2653
Language: en
Date: 1974-10-18 00:00:00
Title: Regulation (EEC) No 2653/74 of the Commission of 18 October 1974 opening an invitation to tender for the mobilization of common wheat flour as aid for the Republic of Rwanda

19 . 10 . 74                            Official Journal of the European Communities                         No L 283/39
                             REGULATION (EEC) No 2653/74 OF THE COMMISSION
                                                       of 18 October 1974
                opening an invitation to tender for the mobilization of common wheat flour as
                                                aid for the Republic of Rwanda
 THE COMMISSION OF THE EUROPEAN                                     HAS ADOPTED THIS REGULATION :
 COMMUNITIES,
 Having regard to the Treaty establishing the European
                                                                                            Article 1
 Economic Community ;
 Having regard to Council Regulation No 120/                        1 . An invitation to tender shall be issued in respect
 67/EEC (*) of 13 June 1967 on the common organiza­                 of the supply of 993 metric tons of common wheat
 tion of the market in cereals, as last amended by Regu­            flour to the Republic of Rwanda by way of Commu­
 lation (EEC) No 1996/74 (2);                                       nity food-aid action .
 Having regard to Council Regulation (EEC) No
 1 693/72 (3 ) of 3 August 1972 establishing the criteria           2. The tendering procedure shall take place in the
 for the mobilization of cereals to be used as food aid ,           Kingdom of Belgium and shall be in respect of two
                                                                    lots .
 and in particular Article 6 thereof ;
Whereas on 8 July 1971 the Council of the European                 3.      The goods shall be mobilized on the Commu­
 Communities declared that by way of Community                      nity market.
 action it proposed to grant to the Republic of Rwanda
 the equivalent of 1 500 metric tons of common wheat,
 in the form of flour, i.e. 993 metric tons of common              4.      Shipment shall be from a Community port.
wheat flour, under its 1970 /71 food-aid programme ;
                                                                    5 . The invitation to tender provided for in para­
Whereas pursuant to Article 3 (3) of Council Regula­               graph 1 is for supply of products delivered unloaded
 tion (EEC) No 1693 /72 the goods may be purchased                 to Kigali in new cotton sacks of a net capacity of 50
anywhere on the Community market ;                                 kilogrammes .
Whereas the proposed invitation to tender should be
 for supply of the products delivered unloaded to                  6.      The following shall be printed on the sacks :
Kigali ;
                                                                   ' Farine de froment — Don de la Communaute econo­
Whereas      the   contract   should     be   awarded  to  the
                                                                   mique europeenne'.
 tenderer who makes the best offer ;
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 31
                                                                   October 1974 .
Whereas provision should be made for security to be
given to guarantee fulfilment of obligations arising by
virtue of participation in the invitation to tender for            2.      The closing date for submission of tenders shall
                                                                   be 31 October 1974 at 12 noon .
the supply of goods to the Republic of Rwanda ;
Whereas the Belgian intervention agency should be                  3.      The  notice  of  invitation to  tender  shall be
made responsible for organizing the invitation to                  published in the Official Journal of the European
tender ;                                                           Communities not less than nine days before the
Whereas it is important that the Commission be                     closing date for submission of tenders.
informed without delay of the tenders submitted in
response to the invitation and of those accepted by
the intervention agency ;                                                                  Article 3
Whereas the measures provided for in this Regulation               The contract shall be awarded to the tenderer who
are in accordance with the Opinion of the Manage­                  makes the most favourable offer.
ment Committee for Cereals ,
(') OJ No 117, 19 . 6 . 1967, p . 2269/ 67 .                       However, if the tenders submitted do not appear to
(2 ) OJ No L 209 , 31 . 7 . 1974, p. 1 .                           reflect normal market prices and costs, the interven­
(3 ) OJ No L 178 , 5. 8 . 1972, p. 3 .                             tion agency may cancel the invitation to tender.
 ---pagebreak--- No L 283 /40                       Official Journal of the European Communities                             19 . 10 . 74
                        Article 4                             2.     It shall forthwith communicate to the Commis­
                                                              sion the list of firms which have responded to the invi­
1 . The successful tenderer shall give security in an         tation to tender, specifying the terms of each tender,
amount of 10 units of account per metric ton of               together with the name and business name of the
goods ; the purpose of such security is to guarantee          successful tenderer.
performance of the operations specified in Articles 1
and 5. The security shall be forfeit if those operations
are not carried out within the time stipulated, save as       3.     On the other hand , if the successful tenderer is
regards quantities not delivered for reasons of force         established in a Member State other than the one
majeure.                                                      collecting the tenders, and if the product is dispatched
                                                              through a frontier post of the Member State where the
2. The security referred to in paragraph 1 may be             successful tenderer is established , the intervention
given in the form of a cash deposit or of a guarantee         agency of the latter Member State shall be responsible
issued by a credit institution which satisfies the            for the operations relating to the tendering.
criteria laid down by each Member State .
                        Article 5                             In this case, the intervention agency choosing the
                                                              successful tenderer shall immediately inform the inter­
1 . The goods referred to in Article 1 which are to           vention agency of the Member State concerned and
be supplied to the Republic of Rwanda must meet the           shall supply it with all the information which it may
following requirements :                                      require .
Common wheat flour :
— moisture content : 1 5 % maximum ,                          4.     The intervention agency shall request the
— acidity : 4 ml NaOH/ n maximum per 100 g (calcu­            successful tenderer to supply the following informa­
                                                              tion :
     lated on the dry matter),
— ash content : 0-52 % maximum on the dry matter.
                                                              (a) after each shipment a certificate showing the quan­
If the goods referred to in Article 1 do not meet the              tities dispatched and the quality of the products ;
foregoing requirements they shall be rejected and the
successful tenderer shall be owner thereof.                   (b) the date of departure of the vessels.
2. Tenders for supply to the Republic of Rwanda of            (c) all possible contingencies which might occur
the goods referred to in Article 1 must relate to                  during transportation of the products .
products with the following characteristics :
Common wheat flour :                                          The intervention agency shall transmit the informa­
— moisture content : 1 5 % maximum ,                          tion provided for to the Commission as soon as it is
                                                              received .
— acidity : 4 ml NaOH/n maximum per 100 g (calcu­
     lated on the dry matter),
— ash content : 0-52 % maximum on the dry matter.
                                                                                         Article 7
                        Article 6
1 . The Belgian intervention agency shall be respon­          This Regulation shall enter into force on the day of its
sible for operations relating to the invitation to tender     publication in the Official Journal of the European
provided for by this Regulation .                             Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 18 October 1974 .
                                                                          For the Commission
                                                                              The President
                                                                         Francois-Xavier ORTOLI