CELEX: 31974R2169
Language: en
Date: 1974-08-14 00:00:00
Title: Regulation (EEC) No 2169/74 of the Commission of 14 August 1974 opening an invitation to tender for the mobilization of common wheat flour as food aid for the United Nations Relief and Works Agency for Palestine (UNRWA)

20 . 8 . 74                               Official Journal of the European Communities                          No L 229 / 5
                              REGULATION ( EEC) No 2169/74 OF THE COMMISSION
                                                        of 14 August 1974
               opening an 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                                       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 1 996/74 (-);                                                                Article 1
Having regard to Council Regulation ( EEC) No                        1 . Tenders are hereby invited for the supply to
1 693 /72 (') of 3 August 1972 laying down the condi­                UNRWA, by way of Community action , of 13 117
tions for the mobilization of cereals as food aid , and
                                                                     metric tons of common wheat flour.
in particular Article 6 thereof ;
Whereas on 21 March 1974 the Council of the Euro­                    2 . The tendering procedure shall take place in
pean Communities declared that it proposed , by way                  France in two lots . The product shall be mobilized on
of Community action , to grant the equivalent of                     the Community market . The product shall be loaded
 19 807 metric tons of common wheat (in other words                  for departure from a Community port.
 13 117 metric tons of common wheat flour) to
UNRWA under its 1973 /74 food aid programme ;                        3 . The invitation to tender provided for in para­
                                                                     graph 1 is for supply of products delivered cif, that is
Whereas analysis of the state of the Community                       to say, actually placed on the quay in one of the ports
cereals market indicates that the criteria of Article 3              of unloading listed in Annex .
(3) of Council Regulation ( EEC) No 1693/ 72 should
be applied and that the product should be purchased                  4.    The    successful    tenderer  shall  deliver   the
on the Community market ;                                            products specified in paragraph 1 cif to one of the
                                                                     ports listed in the Annex in new jute sacks of a net
Whereas the proposed invitation to tender should be                  capacity of 50 kilogrammes.
for supply of the products cif, that is to say, actually
placed on the quay at the port of unloading ;                        The following shall be printed on the sacks :
Whereas the award under the invitation to tender
must be made to the tenderer offering the best terms ;               'Wheat Flour — gift of the European Economic
                                                                     Com munity'.
Whereas, should force majeure make it impossible to
complete the operation in question within the time
limits specified , it must be made clear who is to bear                                    •  Article 2
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 2 September 1974 .
tions arising by virtue of participation in the invita­
tion to tender for supplies to UNRWA will be ful­                    2.    The closing date for submission of tenders shall
 filled ;                                                            be 2 September 1974 at 12 noon .
Whereas the intervention agency of France should be                  3.    The   notice   of  invitation to  tender  shall  be
 made responsible for the tendering procedure in ques­                published in the Officii ! / Journal of the linrojuan
tion ;
                                                                      ('.(immunities   not less than nine days before the
Whereas the Commission must be informed quickly                      closing date for submission of tenders .
of the tenders submitted in response to the invitation
and of those accepted by the intervention agency ;
                                                                                               Articli 3
(') O ) No 117 , 19 . 6 . 1967 , p. 2269 /67 .
(-) O'l No L 209, ?|. 7. 1974, p. 1 .                                The contract shall be awarded to the tenderer offering
('•) O'l No L 1 78 , 5 . 8 . 1972, p. 3 .                             the best terms .
 ---pagebreak--- No L 229/ 6                         Official Journal of the European Communities                               20 . 8 . 74
However, it the tenders submitted do not appear to                                             Article 6
correspond to normal market prices and costs, the
                                                                1 . The French intervention agency shall be respon­
intervention agency may cancel the invitation to               sible for operations relating to the invitation to tender
tender.
                                                               provided for by this Regulation .
                         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 of a           tation to tender, specifying the terms of each tender,
value of 10 units of account per metric ton ; the secu­        together with the name and business name of the
rity is intended to guarantee that the operations speci­       successful tenderer.
fied in Article 1 are duly completed . The security            3.      On the other hand , if the successful tenderer is
shall be forfeit if those operations are not carried out       established in a Member State other than the one
within the prescribed time limit, save as regards quan­        collecting the tenders, and if the product is dispatched
tities not delivered owing to force majeure.                   through a frontier post of the Member State where the
2.     The security provided for 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 conforming to the               for the operations relating to the tendering.
criteria laid down by the Member State .                       In this case, the intervention agency choosing the
                                                               successful tenderer shall immediately inform the inter­
                         Article 5                             vention agency of the Member State concerned and
                                                               shall supply it with all the information which it may
1.     The common wheat flour referred to in Article 1
                                                               require .
to be supplied to UNRWA must meet the following
requirements :                                                 4.     The intervention agency shall request the
                                                               successful tenderer to supply the following informa­
— Moisture : 14% maximum ;                                     tion :
— Protein content : 10-5% minimum (N x 6-25 on                 (a) after each shipment, a certificate showing the quan­
     dry matter) ;                                                  tities dispatched , the quality of the products and
— Ash content : 0-52 % maximum referred to dry                      their packaging ;
     matter .
                                                               (b) the date of the departure of the ships, the expected
Flour not     meeting these      requirements shall    be           date of arrival of the products at their destination ;
refused .                                                      (c) all possible contingencies which might occur
                                                                    during transportation of the products .
2.     Tenders for supply to UNRWA of the common               The information indicated above shall be forwarded
wheat flour referred to in Article 1 must relate to a
product with the following characteristics :                   by the intervention agency to the Commission imme­
                                                               diately upon receipt .
— Moisture : 14% maximum ;
— Protein content : 10-.S % minimum (N x 6-25 on                                               Article 7
     dry matter) ;                                             This Regulation shall enter into force on the day of its
— Ash content : 0-52 % maximum referred to dry                 publication in the Official journal of the lutropeitn
     matter .                                                   ('.(immunities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels , 14 August 1974 .
                                                                            /■'or the (, om m lesion
                                                                                  I he I'ri Milcul
                                                                          I i , mu>is - X.ivkt OK I C ) 1.1
 ---pagebreak--- 20 . 8 . 74                   Official Journal of the European Communities                   No L 229/7
                                                   ANNEX
            Number of lot        Port of unloading     Minimum rate of unloading Tonnage cif
                 1        Beirut                                                   8 257
                                                        Customs of the port
                2         Ashdod                                                   4 860