CELEX: 31974R0452
Language: en
Date: 1974-02-22 00:00:00
Title: Regulation (EEC) No 452/74 of the Commission of 22 February 1974 opening an invitation to tender for the mobilization of common wheat flour as aid for the Island of Mauritius

23 . 2. 74                               Official Journal of the European Communities                           No L 51 / 17
                              REGULATION (EEC) No 452/74 OF THE COMMISSION
                                                       of 22 February 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                                      response to the invitation and of those accepted by
COMMUNITIES,                                                        the intervention agency ;
Having regard to the Treaty establishing the European               Whereas the measures provided for in this Regulation
Economic Community ;                                                are in accordance with the Opinion of the Manage­
                                                                    ment Committee for Cereals,
Having regard to Council Regulation No 120/
67/EEC (^ of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 1346/73 (2);                                        HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC) No
 1 693/72 (3) of 3 August 1972 establishing the criteria                                     Article 1
for the mobilization of cereals to.be used as food aid,
and in particular Article 6 thereof ;                                1 . An invitation to tender shall be issued in respect
                                                                    of the supply of 2 500 metric tons of common wheat
Whereas on 14 May 1973 the Council of the Euro­                     flour to the Island of Mauritius by way of Community
pean Communities declared that by way of Commu­                     food-aid action .
nity action it proposed to grant to the Island of Mauri­
tius the equivalent of 12 000 metric tons of common                 2. The tendering procedure shall take place in
wheat, in the form of flour, i.e. 7 947 metric tons of               France and shall be in respect of one lot.
common wheat flour, under its 1972/73 food-aid
 programme ;                                                         3 . The goods shall be mobilized on the Commu­
                                                                     nity market.
Whereas      examination      of the state of the cereals
 market in the Community indicates that the criteria                 4.     Shipment shall be from one of the ports laid
 of Article 3 (3) of Council Regulation (EEC) No                     down in the Annex.
 1693/72 should be applied, and in particular that the
 goods should be purchased on the Community                          5. The goods referred to in paragraph 1 shall be
 market ;                                                            supplied fob (that is to say the successful tenderer
                                                                     shall place them in the hold of the ship at the port of
 Whereas the proposed invitation to tender should
                                                                     shipment) in jute sacks of a maximum net capacity of
 relate to supply of the goods fob, i.e. up to the point
                                                                     67 kilogrammes .
 at which they are placed in the hold of the ship at the
 port of shipment ;                                                  6.     The following shall be printed on the sacks :
 Whereas     the  contract     should     be   awarded   to the      ' Farine de froment tendre — Don de la Communauté
 tenderer who makes the best offer ;                                 économique européenne.'
 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 8
                                                                      March 1974.
  Whereas provision should be made for security to be
  given to guarantee fulfilment of obligations arising by             2.     The closing date for submission of tenders shall
  virtue of participation in the invitation to tender for             be 8 March 1974 at 12 noon .
  the supply of goods to the Island of Mauritius.
                                                                      3.     The  notice  of  invitation to tender shall   be
  Whereas the French intervention agency should be
  made responsible for organizing the invitation to                   published in the Official Journal of the European
  tender ;                                                             Communities not less than nine days before the
                                                                      closing date for submission of tenders.
  Whereas it is important that the Commission be
  informed without delay of the tenders submitted in
                                                                                              Article 3
  (•) OJ No 117, 19 . 6 . 1967, p . 2269/67 .
                                                                      The contract shall be awarded to the tenderer who
  0 OJ No L 141 , 28 . 5 . 1973, p. 8 .
  (3) OJ No L 178 , 5 . 8 . 1972, p. 3 .                               offers the most favourable terms. If it appears,
 ---pagebreak--- No L 51 / 18                      Official Journal of the European Communities                             23 . 2. 74
however, that the tenders submitted do not reflect           2. Tenders for supply to the Island of Mauritius of
normal market prices and rates, the intervention             the goods referred to in Article 1 must relate to
agency may cancel the invitation to tender.                  products with the following characteristics :
                       Article 4                             Common wheat flour :
                                                            "— moisture content : 1 5 % maximum,
If, because of delay in the provision of ships for
effecting transport by sea, the successful tenderer is       — acidity : 4 ml NaOH/n maximum per 100 g (calcu­
unable to deliver the goods fob on the date fixed in              lated on the dry matter),
the notice of invitation to tender, the costs resulting
from such delay shall be borne by the intervention           — ash content : 0-52 % maximum on the dry matter.
agency.
                       Article 5                                                        Article 7
1 . The successful tenderer shall give security in an         1 . French intervention agency shall be responsible
amount of 10 units of account per metric ton of              for organizing the invitation to tender provided for by
goods ; the purpose of such security is to guarantee         this Regulation .
performance of the operations specified in Articles 1
and 6. The security shall be forfeit if those operations     2.     It shall forthwith communicate to the Commis­
are not carried out within the time stipulated, save as      sion the list of firms which have responded to the invi­
regards quantities not delivered for reasons force           tation to tender, specifying the terms of each tender,
majeure.                                                     together with the name and business name of the
                                                             successful tenderer.
2. The security referred to in paragraph 1 may be
given in the form of a cash deposit or of a guarantee
issued by a credit institution which satisfies the           3 . The intervention agency shall request the
criteria laid down by each Member State.                     successful tenderer to supply the following informa­
                                                             tion :
                        Article 6                            (a) After each shipment a certificate showing the quan­
 1 . The goods referred to in Article 1 which are to              tities dispatched and the quality of the products ;
be supplied to the Island of Mauritius must meet the         (b) The date of departure of the ships.
following requirements :
                                                             The information indicated above shall be forwarded
 Common wheat flour :
                                                              by the intervention agency to the Commission imme­
— moisture content : 1 5 % maximum,                           diately upon receipt.
— 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.
 If the goods referred to in Article 1 do not meet the        This Regulation shall enter into force on the day of its
 foregoing requirements they shall be rejected and the        publication in the Official Journal of the European
 successful tenderer shall be owner thereof.                   Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at Brussels, 22 February 1974.
                                                                         For the Commission
                                                                             The President
                                                                        Francois-Xavier ORTOLI
 ---pagebreak--- 2.3 . 2. 74                Official Journal of the European Communities                                   No L 51 / 19
                                                    ANNEX
            Number of lot Port from which consigned   Minimum rate of loading per day I    Tonnage fob
                 1        Rouen and /or Bordeaux         Customs of the pórt            2 500 metric tons