CELEX: 31974R2651
Language: en
Date: 1974-10-18 00:00:00
Title: Regulation (EEC) No 2651/74 of the Commission of 18 October 1974 opening an invitation to tender for the mobilization of common wheat flour as aid for the Island of Mauritius

No L 283/34                             Official Journal of the European Communities                              19 . 10 . 74
                            REGULATION ( EEC) No 2651 /74 OF THE COMMISSION
                                                      of 18 October 1974
               opening an invitation to tender for the mobilization of common wheat flour as
                                                aid for the Island of Mauritius
THE COMMISSION OF THE EUROPEAN                                     Whereas the measures provided for in this Regulation
COMMUNITIES,                                                       are in accordance with the Opinion of the Manage­
                                                                   ment Committee for Cereals,
Having regard to the Treaty establishing the European
Economic Community ;
Having regard to Council Regulation No 120/                        HAS ADOPTED THIS REGULATION :
67/ EEC (') of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 1996/74 (2) ;                                                               Article 1
Having regard to Council Regulation (EEC) No                        1.    An invitation to tender shall be issued in respect
1 693/72 (3) of 3 August 1972 establishing the criteria            of the supply of 6 624 metric tons of common wheat
for the mobilization of cereals to be used as food aid,            flour to the Island of Mauritius by way of Community
and in particular Article 6 thereof ;                              food-aid action .
Whereas on 21 March 1974 the Council of the Euro­                  2. The tendering procedure shall take place in
pean Communities declared that by way of Commu­                    France and shall be in respect of two lots.
nity action it proposed to grant to the Island of Mauri­
tius the equivalent of 10 000 metric tons of common                3.     The goods shall be mobilized on the Commu­
wheat, in the form of flour, i.e. 6 624 metric tons of             nity market.
common wheat flour, under its 1973/ 74 food-aid
programme ;                                                        4.     Shipment shall be from one of the ports laid
                                                                   down in the Annex .
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 1693/72 the goods may be purchased                   5 . The product referred to in paragraph 1 is to be
anywhere on the Community market ;                                 delivered in new jute sacks of a net capacity of 67 kilo­
                                                                   grammes to the port of shipment in the vicinity of the
Whereas tenders should be invited for the supply of                vessel . The goods must be set down at the place nomi­
the product to the port of shipment in the vicinity of             nated by the recipient country or its agent, the timing
the vessel , the goods to be set down at the place nomi­           of delivery being settled by the tenderer and the recip­
nated by the recipient or its agent ;                              ient country's agent.
Whereas      the  contract   should     be   awarded   to the
                                                                   6.     The following shall be printed on the sacks :
tenderer who makes the best offer ;
                                                                   ' Farine de froment tendre — Don de la Communaute
Whereas it must be made clear who is to bear any                   economique europeenne .'
costs which arise in the event that for reasons of force
majeure the operation in question is not completed
within the time stipulated ;                                                                Article 2
Whereas provision should be made for security to be                 1.    The award of the contract shall take place on 31
given to guarantee fulfilment of obligations arising by            October 1 974 .
virtue of participation in the invitation to tender for
the supply of goods to the Island of Mauritius ;                   2.     The closing date for submission of tenders shall
                                                                   be 31 October 1974 at 12 noon .
Whereas the French intervention agency should be
made responsible for organizing the invitation to                  3.     The   notice  of  invitation to  tender   shall   be
tender ;
                                                                   published in the Official Journal of the European
                                                                    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
(') OJ No 117, 19 . 6 . 1967, p . 2269/ 67.
(2) OJ No L 209 , 31 . 7 . 1974, p. 1 .                            The contract shall be awarded to the tenderer who
P OJ No L 178 , 5. 8 . 1972, p. 1 .                                offers the most favourable terms . If it appears,
 ---pagebreak---    19 . 10 . 74                        Official Journal of the European Communities                          No L 283 /35
   however, that the tenders submitted do not reflect             — ash content : 0-52 % maximum on the dry matter.
   normal market prices and rates, the intervention
   agency may cancel the invitation to tender.
                                                                                            Article 7
                            Article 4
                                                                   1 . French intervention agency shall be responsible
                                                                  for organizing the invitation to tender provided for by
   If the tenderer is unable to deliver the goods in              this Regulation .
   compliance with Article 1 (5) on the date given in the
   notice of invitation to tender as a result of the late
                                                                  2.      It shall forthwith communicate to the Commis­
   availability of the vessels to be used for sea transporta­
   tion, the resulting costs shall be borne by the interven­      sion the list of firms which have responded to the invi­
   tion agency.                                                   tation to tender, specifying the terms of each tender,
                                                                  together with the name and business name of the
                                                                  successful tenderer.
                            Article 5                             3.      On the other hand , if the successful tenderer is
                                                                  established in a Member State other than the one
   1 . The successful tenderer shall give security in an          collecting the tenders, and if the product is dispatched
   amount of 10 units of account per metric ton of                through a frontier post of the Member State where the
                                                                  successful tenderer is established , the intervention
   goods ; the purpose of such security is to guarantee
   performance of the operations specified in Articles 1          agency of the latter Member State shall be responsible
   and 6. The security shall be forfeit if those operations       for the operations relating to the tendering.
   are not carried out within the time stipulated, save as
   regards quantities not delivered for reasons force             In this case, the intervention agency choosing the
   majeure.                                                       successful tenderer shall immediately inform the inter­
                                                                  vention agency of the Member State concerned and
   2. The security referred to in paragraph 1 may be              shall supply it with all the information which it may
   given in the form of a cash deposit or of a guarantee          require .
   issued by a credit institution which satisfies the
   criteria laid down by each Member State.                       4. The intervention agency shall request the
                                                                  successful tenderer to supply the following informa­
                                                                  tion :
                            Article 6
                                                                  (a) after each shipment a certificate showing the quan­
                                                                       tities dispatched and the quality of the products ;
   1 . The goods referred to in Article 1 which are to
                                                                 (b) the date of departure of the vessels.
   be supplied to the Island of Mauritius must meet the
   following requirements :
                                                                 The information indicated above shall be forwarded
   Co m m o n when t flour :                                      by the intervention agency to the Commission imme­
                                                                  diately upon receipt.
   — moisture content : 1 5 % maximum,
   — acidity : 4 ml NaOH/n maximum per 100 g (calcu­
        lated on the dry matter),                                                           Article 8
   — ash content : 0-52 % maximum on the dry matter.
                                                                  On delivery of the goods at the port of shipment, a
   If the goods referred to in Article 1 do not meet the          handing-over certificate shall be supplied to the
   foregoing requirements they shall be rejected and the          successful tenderer, acting as agent for the Commu­
   successful tenderer shall be owner thereof.                    nity, by the agent of the recipient country or, in the
                                                                  absence of the latter, by the intervention agency of the
                                                                  Member State in whose territory the port of shipment
   2.     Tenders for supply to the Island of Mauritius of        is situated .
   the goods referred to in Article 1 must relate to
   products with the following characteristics :
   Common wheat flour :                                                                     Article 9
   —- 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
i2      lated on the dry matter),                                 Communities.
 ---pagebreak--- No L 283/36                   Official Journal of the European Communities                              19 . 10 . 74 ,
          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
                                                       ANNEX
            Number of lot    Port from which consigned      Minimum rate of loading  Metric tonnage fob
                   1
                   2
                          Bordeaux or Marseille
                          Rouen                           j Customs of the port              5 000
                                                                                             1624