CELEX: 31974R3222
Language: en
Date: 1974-12-20 00:00:00
Title: Regulation (EEC) No 3222/74 of the Commission of 20 December 1974 opening an invitation to tender for the mobilization of common wheat flour as aid for the Central African Republic

21 . 12 . 74                         Official Journal of the European Communities                       No L 342/23
                           REGULATION (EEC) No 3222/74 OF THE COMMISSION
                                                   of 20 December 1974
                opening an invitation to tender for the mobilization of common wheat flour as
                                          aid for the Central African Republic
THE COMMISSION OF THE EUROPEAN                                   Whereas it is important that the Commission be
 COMMUNITIES,                                                    informed without delay of the tenders submitted in
                                                                 response to the invitation and of those accepted by
 Having regard to the Treaty establishing the European           the intervention agency ;
 Economic Community ;                                            Whereas the measures provided for in this Regulation
                                                                 are in accordance with the Opinion of the Manage­
 Having regard to Council Regulation No 120/                     ment Committee for Cereals,
 67/EEC (1) 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) ;                                   HAS ADOPTED THIS REGULATION :
 Having regard to Council Regulation (EEC) No                                          Article 1
 1 693/72 (3) of 3 August 1972 establishing the criteria
for the mobilization of cereals to be used as food aid,          1 . An invitation to tender shall be issued in respect
and in particular Article 6 thereof ;                            of the supply of 1 324 metric tons of common wheat
                                                                 flour to the Central African Republic by way of
Whereas on 21 March 1974 the Council of the Euro­                Community food-aid action.
pean Communities declared that by way of Commu­                  2. The tendering procedure shall take place in the
nity action it proposed to grant to the Central African         Kingdom of Belgium and shall be in respect of a
Republic the equivalent of 2 000 metric tons of                 single lot.
common wheat, in the form of flour, i.e. 1 324 metric
tons of common wheat flour, under its 1973/74 food­             3. The goods shall be mobilized on the Commu­
aid programme ;                                                 nity market.
                                                                4.     Shipment shall be from Antwerp, Dunkerque,
Whereas pursuant to Article 3 (3) of Council Regula­            Rouen or Le Havre .
tion (EEC) No 1693/72 the goods may be purchased
anywhere on the Community market ;                              5. The product referred to in paragraph 1 is to be
                                                                delivered in new cotton sacks of a net capacity of 50
Whereas tenders should be invited for the supply of             kilogrammes to the port of shipment in the vicinity of
the product to the port of shipment in the vicinity of          the vessel . The goods must be set down at the place
the vessel, the goods to be set down at the place nomi­         nominated by the recipient country or its agent, the
nated by the recipient or its agent ;                           timing of delivery being settled by the tenderer and
                                                                the recipient country's agent. The following shall be
Whereas      the  contract  should    be   awarded  to  the     printed on the sacks :
tenderer who makes the best offer ;                             ' Farine de froment — Don de la communaute econo­
                                                                mique europeenne.'
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 3
                                                                January 1975.
Whereas provision should be made for security to be             2. The closing date for submission of tenders shall
given to guarantee fulfilment of obligations arising by         be 3 January 1975 at 12 noon .
virtue of participation in the invitation to tender for
the supply of goods to the Central African Republic ;           3.     The   notice of invitation to tender shall be
                                                                published in the Official Journal of the European
Whereas the Belgian intervention agency should be               Communities not less than nine days before the
made responsible for organizing the invitation to               closing date for submission of tenders.
tender ;
                                                                                       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
(3) OJ No L 178, 5. 8 . 1972, p. 3.                             makes the most favourable offer.
 ---pagebreak--- No L 342/24                         Official Journal of the European Communities                             21 . 12 . 74
However, if the tenders submitted do not appear to                                      Article 7
reflect normal market prices and costs, the interven­
tion agency may cancel the invitation to tender.
                                                               1 . The Belgian intervention agency shall be respon­
                                                               sible for operations relating to the invitation to tender
                                                               provided for by this Regulation .
                         Article 4
                                                               2.     It shall forthwith communicate to the Commis­
If the tenderer is unable to deliver the goods in              sion the list of firms which have responded to the invi­
compliance with Article 1 (5) on the date given in the         tation to tender, specifying the terms of each tender,
notice of invitation to tender as a result of the late         together with the name and business name of the
availability of the vessels to be used for sea transporta­     successful tenderer.
tion, the resulting costs shall be borne by the interven­
tion agency.                                                   3.     On the other hand, if the successful tenderer is
                                                               established in a Member State other than the one
                                                               collecting the tenders, and if the product is dispatched
                         Article 5                             through a frontier post of the Member State where the
                                                               successful tenderer is established, the intervention
                                                               agency of the latter Member State shall be responsible
1 . The successful tenderer shall give security in an          for the operations relating to the tendering.
amount of 10 units of account per metric ton of
goods ; the purpose of such security is to guarantee
performance of the operations specified in Articles 1          In this case, the intervention agency choosing the
and 6. The security shall be forfeit if those operations       successful tenderer shall immediately inform the inter­
are not carried out within the time stipulated, save as        vention agency of the Member State concerned and
regards quantities not delivered for reasons of force          shall supply it with all the information which it may
 majeure.                                                      require.
2. The security referred to in paragraph 1 may be              4. The intervention agency shall request the
given in the form of a cash deposit or of a guarantee          successful tenderer to supply the following informa­
issued by a credit institution which satisfies the             tion :
criteria laid down by each Member State.
                                                               (a) after each shipment a certificate showing the quan­
                                                                    tities dispatched and the quality of the products ;
                         Article 6                             (b) the date of departure of the vessels.
 1.    The common wheat flour referred to in Article 1         The information indicated above shall be forwarded
 to be supplied to the Central African Republic must           by the intervention agency to the Commission imme­
 meet the following requirements :                             diately upon receipt.
— moisture : 14 % maximum ;
— protein content : 10-5 % minimum (N x 6-25 on
     dry matter) ;                                                                      Article 8
 — ash content : 0-52 % maximum referred to dry
     matter .
                                                                On delivery of the goods at the port of shipment, a
                                                                handing-over certificate shall be supplied to the
 Flour not meeting these requirements shall be                  successful tenderer, acting as agent for the Commu­
 refused .                                                      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 Central African Repu­         is situated .
 blic of the common wheat flour referred to in Article
  1 must relate to a product with the following charac­
 teristics :
                                                                                         Article 9
 — moisture : 14 % maximum ;
 — 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.
 ---pagebreak--- 21 . 12 . 74                    Official Journal of the European Communities                      No L 342/25
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 20 December 1974.
                                                                    For the Commission
                                                                        The President
                                                                   Francois-Xavier ORTOLI