CELEX: 31974R0288
Language: en
Date: 1974-02-01 00:00:00
Title: Regulation (EEC) No 288/74 of the Commission of 1 February 1974 opening a new invitation to tender for the mobilization of common wheat flour as aid for the Republic of Sri Lanka

2. 2 . 74                                Official Journal of the European Communities                          No L 29 / 17
                              REGULATION (EEC) No 288/74 OF THE COMMISSION
                                                         of 1 February 1974
              opening a new invitation to tender for the mobilization of common wheat flour
                                              as aid for the Republic of Sri Lanka
THE COMMISSION OF THE EUROPEAN                                       Whereas the Dutch intervention agency should in any
COMMUNITIES,                                                         event be made responsible for organizing the invita­
                                                                     tion to tender ;
Having regard to the Treaty establishing the European
Economic Community ;                                                 Whereas it is important that the Commission be
Having regard to Council Regulation No 120/67/ EEC                   informed without delay of the tenders submitted in
(!) of 13 June 1967 on the common organization of                    response to the invitation and of those accepted by
the market in cereals, as last amended by Regulation                 the intervention agency ;
(EEC) No 1346/73 (2) ;
                                                                     Whereas the measures provided for in this Regulation
Having regard to Council Regulation (EEC) No                         are in accordance with the Opinion of the Manage­
1 693/72 (3) of 3 August 1972 establishing the criteria              ment Committee for Cereals,
for the mobilization of cereals to be used as food aid,
and in particular Article 6 thereof ;
Whereas on 14 May 1973 the Council of the Euro­                      HAS ADOPTED THIS REGULATION :
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                                               Article 1
common wheat, in the form of flour, i.e. 6 623 metric
tons of common wheat flour, under its 1972/73 food­                   1 . An invitation to tender shall be issued in respect
aid programme ;                                                      of the supply of 3 311 metric tons of common wheat
                                                                     flour to the Republic of Sri Lanka by way of Commu­
Whereas the invitation to tender opened in the                       nity food aid action .
Community under Commission Regulation (EEC) No
3320/73 (4) of 7 December 1973 opening an invitation                 2. The tendering procedure shall take place in the
to tender for the mobilization of common wheat flour
                                                                     Kingdom of the Netherlands and shall be in respect
as aid for the Republic of Sri Lanka was not allocated ;             of a single lot.
whereas a new invitation to tender should therefore be
opened ;                                                             3 . The goods shall be mobilized on the Commu­
Whereas     examination       of the      state  of  the  cereals     nity market.
 market in the Community indicates that the criteria
of Article 3 (3) of Council Regualtion (EEC) No                      4.     Shipment shall be from one of the ports laid
                                                                     down in the annex.
 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
Whereas the proposed invitation to tender should                      shall place them in the hold of the ship at the port of
 relate to supply of the goods fob, i.e. up to the point              shipment) in new cotton sacks of a maximum net
 at which they are placed in the hold of the ship at the              capacity of 68-038 kilogrammes.
 port of shipment ;
Whereas     the  contract should be             awarded to the
                                                                      6.    The following shall be printed on the sacks :
 tenderer who makes the best offer ;                                  'Wheat flour — Gift of the European Community'.
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 15
 Whereas provision should be made for security to be                  February 1974.
 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 15 February 1974 at 12 noon .
 the supply of goods to the Republic of Sri Lanka ;
                                                                      3.    The   notice of invitation to tender shall be
 (!) OJ  No 117, 19 . 6. 1967, p. 2269/67.                            published in the Official Journal of the European
 (2) OJ  No L 141 , 28 . 5 . 1973, p. 8 .
 (3) OJ  No L 178 , 5 . 8 . 1972, p. 3 .                               Communities not less than 9 days before the closing
 («) OJ  No L 339, 8 . 12. 1973 , p. 21 .                             date for submission of tenders .
 ---pagebreak--- No L 29/ 18                       Official Journal of the European Communities                              2. 2 . 74
                       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 Republic of Sri Lanka
agency may cancel the invitation to tender.                  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 : 1 5 % maximum,
effecting transport by sea, the successful tenderer is       — acidity : 4 ml NaOH/n maximum per 100 g (calcu­
unable to deliver the goods fob on the date fixed in              lated on the dry matter),
the notice of invitation to tender, the costs resulting
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 intervention agency of the Kingdom of the
                                                             Netherlands shall be responsible for organizing the
1 . The successful tenderer shall give security in an        invitation to tender provided for by this Regulation.
amount of 10 units of account per metric ton of
goods ; the purpose of such security is to guarantee         2.     It shall forthwith communicate to the Commis­
performance of the operation 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           (a) After each shipment a certificate showing the quan­
criteria laid down by each Member State .                         tities dispatched and the quality of the products ;
                                                             (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, 1 February 1974.
                                                                         For the Commission
                                                                             The President
                                                                        Francois-Xavier ORTOLI
 ---pagebreak--- 2 . 2 . 74                Official Journal of the European Communities                     No L 29/ 19
                                                   ANNEX
           Number of lot
                                                       Minimum rate of loading
                         Port from which consigned            per day          Tonnage fob
               1               Atlantic port            Customs of the port       3 311