CELEX: 31974R1668
Language: en
Date: 1974-06-28 00:00:00
Title: Regulation (EEC) No 1668/74 of the Commission of 28 June 1974 opening a new invitation to tender for the mobilization of common wheat flour as food aid for the United Nations Relief and Works Agency for Palestine (UNRWA)

29 . 6 . 74                            Official Journal of the European Communities                         No L 175/67
                            REGULATION ( EEC) No 1668 /74 OF THE COMMISSION
                                                       of 28 June 1974
              opening a new 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                                    tion to tender for supplies to UNRWA will be ful­
COMMUNITIES,                                                      filled ;
Having regard to the Treaty establishing the European             Whereas the Italian intervention agency should, in
Economic Community ;                                              any event, be made responsible for the tendering
                                                                  procedure ;
Having regard to Council Regulation No 120 /67/
EEC (') of 13 June 1967 on the common organization                Whereas the Commission must be informed quickly
of the market in cereals, as last amended by Regula­              of the tenders submitted in response to the invitation
tion (EEC) No 1 1 25/74 (2) ;                                     and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No
1693/72 (3) of 3 August 1972 laying down the condi­               Whereas the measures provided for in this Regulation
tions for the mobilization of cereals , as food aid , and         are in accordance with the Opinion of the Manage­
                                                                  ment Committed for Cereals,
in particular Article 6 thereof ;
Whereas on 23 May 1972 and 19 December 1972 the
Council of the European Communities declared that                 HAS ADOPTED THIS REGULATION :
it proposed, by way of Community action , to grant the
equivalent of 13 129 metric tons and 4 636 metric
tons of common wheat (in other words 1 1 765 metric                                      Article 1
tons of common wheat flour) to UNRWA under its
1971 /72 food aid programme ;                                     1 . Tenders are hereby invited for the supply to
                                                                  UNRWA by way of Community action , of 5 465
Whereas the invitation to tender opened in the                    metric tons of common wheat flour.
Community under Commission Regulation ( EEC) No
 1293/73 (4) of 15 May 1973 opening an invitation to              2. The tendering procedure shall take place in Italy
tender for the mobilization of common wheat flour as              in one lot. The product shall be mobilized on the
aid for the UNRWA was not all executed ; whereas a                Community market. The products shall be loaded for
new invitation to tender should therefore be opened ;             departure from a Community port.
Whereas analysis of the state of the Community                    3 . The invitation to tender provided for in para­
cereals market indicates that the criteria of Article 3
                                                                  graph 1 is for supply of products delivered cif, that is
(3) of Council Regulation ( EEC) No 1693/72 should                to say, actually placed on the quay of the port of
be applied and that the product should be purchased               Ashdod .
on the Community market ;
Whereas the proposed invitation to tender should be               4. The successful tenderer shall deliver the product
for supply of the products cif, that is to say, actually          specified in paragraph 1 cif in new jute sacks of a net
placed on the quay at the port of unloading ;                     capacity of 50 kilogrammes.
Whereas the award under the invitation to tender                  The following shall be printed on the sacks :
must be made to the tenderer offering the best terms ;            'Wheat' flour — gift of the European Community .'
Whereas, should force majeure make it impossible to
complete the operation in question within the time                                       Article 2
limits specified , it must be made clear who is to bear
the liability for any resulting costs ;                            1.    The decision on tenders received in response to.
Whereas provision should be made for security to be               the invitation provided for in Article 1 shall be taken
given for the purpose of guaranteeing that the obliga­            on 1 2 July 1 974.
tions arising by virtue of participation in the invita­
                                                                  2. The closing date for the submission of tenders
                                                                  shall be 12 July 1974 at 12 noon .
(') OJ No 117 , 19 . 6 . 1967 , p. 2269 /67 .
(*) OJ No L 128 , 10. 5 . 1974, p. 12.
(>) OJ No L 17«, 5 . 8 . 1972, p. 3 .                             3.     The  notice  of invitation  to  tender shall  be
b) OJ No L 131 , 18 . 5. 1973, p. 26.                             published in the Official Journal of the European
     I
 ---pagebreak--- No L 175/ 68                        Official Journal of the European Communities                               29 . 6 . 74
 Com in unities not less than nine days before the            — Ash content : 0-52 % maximum referred to dry
closing date for the submission of tenders .                        matter.
                         A rticle 3                                                      Article 6
The contract shall be awarded to the tenderer offering         1 . ; The Italian intervention agency shall be respon­
the best terms .                                              sible for the operations relating to the invitations to
However, if the tenders submitted do not appear to             tender provided for by this Regulation .
correspond to normal market prices and costs, the              2.     It shall forthwith communicate to the Commis­
intervention agency may cancel the invitation to              sion the list of firms which have responded to the invi­
tender.
                                                               tation to tender, specifying the terms of each tender,
                                                               together with the name and business name of the
                         Article 4                            successful tenderer.
 1 . The successful tenderer shall give security of a         3.      On the other hand , if the successful tenderer is
value of 10 units of account per metric ton ; the secu­       established in a Member State other than the one
rity is intended to guarantee that the operations speci­      collecting the tenders, and if the product is dispatched
fied in Article 1 are duly completed . The security           through a frontier post of the Member State where the
shall be forfeit if those operations are not carried out      successful tenderer is established, the intervention
within the prescribed time limit, save as regards quan­       agency of the latter Member State shall be responsible
tities not delivered owing to force majeure.                   for the operations relating to the tendering.
2.     The security provided for in paragraph 1 may be         In this case, the intervention agency choosing the
given in the form of a cash deposit or of a guarantee         successful tenderer shall immediately inform the inter­
issued by a credit institution conforming to the              vention agency of the Member State concerned and
criteria laid down by the Member State.                       shall supply it with all the information which it may
                                                              require . .
                         Article 5
                                                              4 . The intervention agency shall ask that the
1.     The common wheat flour referred to in Article 1        tenderer specifies the following information :
to be supplied to UNRWA must meet the following
                                                              (a) after each shipment, a statement giving details of
requirements :
                                                                    the quantities loaded, the quality of the . products
— Moisture : 14% maximum ;                                          and their packaging ;
— Protein content : 10-5% minimum (N x 6-25 on                (b) the date of the departure of the ships, the expected
     dry matter) ;                                                  date of arrival of the products at their destination ;
— Ash content : 0-52 % maximum referred to dry                (c) all possible contingencies which might occur
     matter .
                                                                    during transportation of the products .
Flour not meeting these requirements shall be re­             The intervention agency shall transmit the informa­
fused .
                                                              tion provided for to th£ Commission as soon as it is
                                                              received .1
2.     Tenders for supply to UNRWA of the common
wheat flour referred to in Article 1 must relate to a
product with the following characteristics :                                             A rticle 7
— Moisture : 14% maximum ;                                    This Regulation shall enter into force on the day of its
— Protein content : 10-5% minimum (N x 6-25 on                publication in the Official Journal of the European
     dry matter) ;                                            Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 28 June 1974.
                                                                          For the Commission
                                                                              The President
                                                                         Francois-Xavier ORTOLI