CELEX: 31974R1179
Language: en
Date: 1974-05-10 00:00:00
Title: Regulation (EEC) No 1179/74 of the Commission of 10 May 1974 opening an invitation to tender for the mobilization of common wheat flour as aid for the Arab Republic of Syria

11 . 5 . 74                            Official Journal of the European Communities                        No L 129/ 17
                            REGULATION ( EEC) No 1179/74 OF THE COMMISSION
                                                         of 10 May 1974
               opening an invitation to tender for the mobilization of common wheat flour as
                                             aid for the Arab Republic of Syria
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
                                                                                          Article 1
 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 ;                               1 . An invitation to tender shall be issued in respect
                                                                   of the supply of 14 570 metric tons of common wheat
Whereas on 23 May 1972 and on 14 May 1973 the                      flour to the Arab Republic of Syria by way of Commu­
Council of the European Communities declared that                  nity food-aid action .
by way of Community action it proposed to grant to
the Arab Republic of Syria the equivalent of 22 000                2. The tendering procedure shall take place in
metric tons of common wheat, in the form of flour,                 France and shall be in respect of one lot.
i.e. 14 570 metric tons of common wheat flour, under
 its 1971 /72 and 1972/73 food-aid programmes ;                    3 . The goods shall be mobilized on the Commu­
                                                                   nity market.
Whereas examination of the state               of the cereals
market in the Community indicates that the criteria                4.     Shipment shall be from one port of the Commu­
of Article 3 (3) of Council Regulation (EEC) No                    nity.
 1693/72 should be applied, and in particular that the
goods should be purchased on the Community                         5. The goods referred to in paragraph 1 shall be
market ;                                                           supplied fob (that is to say the successful tenderer
                                                                   shall place them in the hold of the ship at the port of
Whereas the proposed invitation to tender should                   shipment) in cotton and/or polyester sacks of a
relate to supply of the goods fob, i.e. up to the point            maximum net capacity of 50 kilogrammes.
at which they are placed in the hold of the ship at the
port of shipment ;                                                 6.     The following shall be printed on the sacks :
Whereas      the  contract   should     be   awarded   to  the     ' Farine de froment — don de la communaute econo­
tenderer who makes the best offer ;                                mique europeenne'.
Whereas it must be made clear who is to bear any
                                                                                           Article 2
costs which arise in the event that for reasons of force
 majeure the operation in question is not completed                 1 . The award of the contract shall take place on 27
within the time stipulated ;
                                                                   May 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 27 May 1974 at 12 noon .
the supply of goods to the Arab Republic of Syria ;                3.     The  notice  of  invitation to tender shall   be
Whereas the French intervention agency should in                   published in the Official Journal of the European
any event be made responsible for organizing the invi­              Communities not less than nine days before the
tation to tender ;                                                 closing date for submission of tenders.
Whereas it is important that the Commission be
informed without delay of the tenders submitted in                                         Article 3
                                                                   The contract shall be awarded to the tenderer who
(!) OJ No 117, 19 . 6 . 1967, p. 2269/67.
(2) OJ No L 141 , 28 . 5 . 1973, p. 8 .                            offers the most favourable terms . If it appears,
I3) OJ No L 178, 5. 8. 1972, p. 3.                                 however, that the tenders submitted do not reflect
 ---pagebreak--- No L 129 / 18                     Official Journal of the European Communities                              11 . 5 . 74
normal market prices and rates, the intervention             — ash content : 0-52 % maximum on the dry matter.
agency may cancel the invitation to tender.
                       Article 4                                                                 Article 7
If, because of delay in the provision of ships for
effecting transport by sea, the successful tenderer is       1 . The French intervention agency shall be respon­
unable to deliver the goods fob on the date fixed in         sible for organizing the invitation to tender provided
the notice of invitation to tender, the costs resulting      for by this Regulation .
from such delay shall be borne by the intervention
                                                             2.     It shall forthwith communicate to the Commis­
agency .
                                                             sion the list of firms which have responded to the invi­
                       Article 5                             tation to tender, specifying the terms of each tender,
                                                             together with the name and business name of the
1 . The successful tenderer shall give security in an        successful tenderer.
amount of 10 units of account per metric ton of
goods ; the purpose of such security is to guarantee         3.     On the other hand , if the successful tenderer is
performance of the operations specified in Articles 1        established in a Member State other than the one
and 6 . The security shall be forfeit if those operations    collecting the tenders, and if the product is
are not carried out within the time stipulated, save as      despatched through a frontier post of the Member
regards quantities not delivered for reasons of force        State where the successful tenderer is established , the
majeure.                                                     intervention agency of the latter Member State shall
2. The security referred to in paragraph 1 may be            be responsible for the operations relating to the
given in the form of a cash deposit or of a guarantee        tendering.
issued by a credit institution which satisfies the
criteria laid down by each Member State.                     In this case, the intervention agency choosing the
                                                             successful tenderer shall immediately inform the inter­
                       Article 6                             vention agency of the Member State concerned and
                                                             shall supply it with all the information which it may
1 . The goods referred to in Article 1 which are to          require .
be supplied to the Arab Republic of Syria must meet
the following requirements :                                 4 . The intervention agency shall request the
Common wheat flour :                                         successful tenderer to supply the following informa­
                                                             tion :
— moisture content : 15% maximum ,
— acidity : 4 ml NaOH maximum per 100 g (calcu­              (a) After each shipment a certificate showing the quan­
     lated on the dry matter),                                    tities despatched and the quality of the products ;
— ash content : 0-52 % maximum on the dry matter.
                                                             (b) The date of departure of the ships.
If the goods referred to in Article 1 do not meet the
foregoing requirements they shall be rejected and the         The information indicated above shall be forwarded
successful tenderer shall be owner thereof.                  by the intervention agency to the Commission imme­
2. Tenders for supply to the Arab Republic of Syria          diately upon receipt.
of the goods referred to in Article I must relate to
products with the following characteristics :
                                                                                                 Article H
Common wheat flour :
— moisture content : 15% 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 Officiiil Journal of the /•'urojn'iin
     lated on the dry matter),                                (.(immunities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 10 May 1974.
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