CELEX: 31974R2313
Language: en
Date: 1974-09-06 00:00:00
Title: Regulation (EEC) No 2313/74 of the Commission of 6 September 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)

10 . 9 . 74                              Official Journal of the European Communities                          No L 247/9
                              REGULATION (EEC) No 2313/74 OF THE COMMISSION
                                                      of 6 September 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                                     Whereas the intervention agency of France should be
COMMUNITIES,                                                        made responsible for the tendering procedure in ques­
                                                                    tion ;
Having regard to the Treaty establishing the European
Economic Community ;                                               Whereas the Commission must be informed quickly
Having regard to Council Regulation No 120/                         of the tender submitted in response to the invitation
67/EEC (') of 13 June 1967 on the common organiza­                  and of those accepted by the intervention agency ;
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 1996/74 (2);                                       Whereas the measures provided for in this Regulation
                                                                   are in accordance with the Opinion of the Manage­
Having regard to Council Regulation (EEC) No                        ment Committee for Cereals,
1 693/72 (3) of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid, and
in particular Article 6 thereof ;
                                                                    HAS ADOPTED THIS REGULATION :
Whereas on 21 March 1974 the Council of the Euro­
pean Communities declared that it proposed, by way
of Community action, to grant the equivalent of                                             Article 1
19 807 metric tons of common wheat (in other . words
13 117 metric tons of common wheat flour) to                         1 . Tenders are hereby invited for the supply to
UNRWA under its 1973/74 food aid programme ;                        UNRWA, by way of Community action, of 13 117
                                                                    metric tons of common wheat flour.
Whereas the invitation to tender opened in the
Community under Commission Regulation (EEC) No                      2. The tendering procedure shall take place in
2169/74 (4) of 14 August 1974 opening an invitation                 France in two lots. The product shall be mobilized on
to tender for the mobilization of common wheat flour
                                                                    the Community market. The product shall be . loaded
as aid for the UNRWA was not allocated ; whereas a                  for departure from a Community port.
new invitation to tender should therefore be opened ;
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 c>f products delivered cif, that is
(3) of Council Regulation (EEC) No 1693/72 should                   to say, actually placed on the quay in one of the ports
be applied and that the product should be purchased                 of unloading listed in the Annex.
on the Community market ;                                           4.     The   successful   tenderer  shall  deliver  the
Whereas the proposed invitation to tender should be                 products specified in paragraph 1 cif to one of the
for supply of the products cif, that is to say, actually            ports listed in the Annex 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 Economic
Whereas, should force majeure make it possible to                   Community'.
complete the operation in question within the time
limits specified, it must be made clear who is to bear
the liability for any resulting costs ;                                                     Article 2
Whereas provision should be made for security to be
                                                                     1.    The decision on tenders received in response to
given for the purpose of guaranteeing that the obliga­              the invitation provided for in Article 1 shall be taken
tions arising by virtue of participation in the invita­
                                                                    on 19 September 1974.
tion to tender for supplies to UNRWA will be
fulfilled ;
                                                                    2. The closing date for submission of tenders shall
                                                                    be 19 September 1974 at 12 noon .
(')  OJ  No 117, 19 . 6 . 1967, p. 2269/67.
(2)  OJ  No L 209, 31 . 7 . 1974, p. 1 .
(J ) OJ  No L 178 , 5. 8 . 1972, p. 3 .                             3.     The  notice   of invitation to  tender shall  be
(4 ) OJ  No L 229 , 20 . 8 . 1974, p. 5.                            published in the Official Journal of the European
 ---pagebreak--- No L 247/ 10                       Official Journal of the European Communities                               10 . 9 . 74
Communities not less than nine days before the                                           Article 6
closing date for submission of tenders.
                                                              1 . The French intervention agency shall be respon­
                        Article 3                             sible for operations relating to the invitation to tender
                                                              provided for by this Regulation .
The contract shall be awarded to the tenderer offering
the best terms .                                              2.     It shall forthwith communicate to the Commis­
                                                              sion the list of firms which have responded to the invi­
However, if the tenders submitted do not appear to            tation to tender, specifying the terms of each tender,
correspond to normal market prices and costs, the             together with the name and business name of the
intervention agency may cancel the invitation to              successful tenderer.
tender.
                                                              3.     On the other hand, if the successful tenderer is
                        Article 4                             established in a Member State other than the one
                                                              collecting the tenders, and if the product is dispatched
1 . The successful tenderer shall give security of a          through a frontier post of the Member State where the
value of 10 units of account per metric ton ; the secu­       successful tenderer is established, the intervention
rity in Article 1 are duly completed. The security shall      agency of the latter Member State shall be responsible
be forfeit if those operations are not carried out within     for the operations relating to the tendering.
the prescribed time limit, save as regards quantities
not delivered owing to force majeure.                         In this case, the intervention agency choosing the
2. The security provided for in paragraph 1 may be            successful tenderer shall immediately inform the inter­
given in the form of a cash deposit or of a guarantee         vention agency of the Member State concerned and
issued by a credit institution conforming to the              shall supply it with all the information which it may
criteria laid down by the Member State .                      require.
                        Article 5
                                                              4. The intervention agency shall request the
                                                              successful tenderer to supply the following informa­
 1.   The common wheat flour referred to in Article 1         tion :
to be supplied to UNRWA must meet the following               (a) after each shipment, a certificate showing the quan­
requirements :                                                     tities dispatched, the quality of the products and
— Moisture : 14 % maximum ;                                        their packaging ;
— Protein content : 10-5 % minimum (N x 6-25 on
    dry matter) ;                                             (b) the date of the departure of the ships, the expected
— Ash content : 0-52 % maximum referred to dry                     date of arrival of the products at their destination ;
     matter.
                                                              (c) all possible contingencies which might occur
 Flour not meeting these requirements shall be re­                 during transportation of the products.
fused .
                                                              The information indicated above shall be forwarded
 2.    Tenders for supply to UNRWA of the common              by the intervention agency to the Commission imme­
wheat flour referred to in Article 1 must relate to a         diately upon receipt.
 product with the following characteristics :
— Moisture : 14 % maximum ;                                                              Article 7
— Protein content : 10-5 % minimum (N x 6-25 on
     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 European
     matter.                                                   Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
                Done at Brussels, 6 September 1974.
                                                                          For the Commission
                                                                              The President
                                                                         Francois-Xavier ORTOLI
 ---pagebreak--- 10. 9 . 74                   Official Journal of the European Communities                   No L 247/ 11
                                                  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