CELEX: 31974R2869
Language: en
Date: 1974-11-15
Title: Regulation (EEC) No 2869/74 of the Commission of 15 November 1974 opening an invitation to tender for the mobilization of common wheat as food aid for the Malagasy Republic

16. 11 . 74                           Official Journal of the European Communities                          No L 306/9
                           REGULATION (EEC) No 2869/74 OF THE COMMISSION
                                                   of 15 November 1974
               opening an invitation to tender for the mobilization of common wheat flour as
                                            food aid for the Malagasy Republic
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 ( 1 ) of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­                                 Article 1
lation (EEC) No 1 996/74 (2) ;
Having regard to Council Regulation (EEC) No                     1 . Tenders are hereby invited for the supply to the
1 693/72 (3) of 3 August 1972 laying down the condi­             Malagasy Republic, by way of Community action, of
tions for the mobilization of cereals as food aid, and           2 649 metric tons of common wheat flour.
in particular Article 6 thereof ;
                                                                 2. The tendering procedure shall take place in the
Whereas on 23 May 1972 the Council of the Euro­                  Kingdom of the Netherlands and shall be in respect
pean Communities declared that it proposed, by way               of a single lot.
of Community action, to grant the equivalent of 4 000
metric tons of common wheat (in other words 2 649                3 . The goods shall be mobilized on the Commu­
metric tons of common wheat flour) to the Malagasy               nity market.
Republic under its 1971 /72 food-aid programme ;
                                                                 4. Shipment shall be from Rotterdam, Antwerp,
Whereas pursuant to Article 3 (3) of Council Regula­             Dunkerque or Rouen .
tion (EEC) No 1693/72 the goods may be purchased
anywhere on the Community market ;                               5. The goods referred to in paragraph 1 shall be
                                                                 supplied fob (that is to say the successful tenderer
Whereas the proposed invitation to tender should                 shall place them in the hold of the ship at the port of
relate to supply of the goods fob, up to the point at            shipment) in new polyester sacks lined with Kraft
which they are placed in the hold of the ship at the             paper with three pleats, having a net capacity of 50
port of shipment ;                                               kilogrammes.
Whereas     the  contract   should     be awarded    to  the     The following shall be printed on the sacks :
tenderer who makes the best offer ;
                                                                 ' FARINE DE FROMENT — DON DE LA COMMU­
Whereas it must be made clear who is to bear any                 NAUTfi fiCONOMIQUE EUROPEENNE.'
costs which arise in the event that for reasons of force
 majeure the operation in question is not completed
                                                                                        Article 2
within the time stipulated ;
Whereas provision should be made for security to be               1.   The decision on tenders received in response j
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 29 November 1974 .
tion to tender for supplies to the Malagasy Republic
will be fulfilled ;                                              2.    The closing date for the submission of tenders
                                                                 shall be 29 November 1974 at 12 noon .
Whereas the Dutch 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 the submission of tenders.
 informed without delay of the tenders submitted in
 response to the invitation and of those accepted by
                                                                                        Article 3
the intervention agency ;
(•) OJ No 117, 19 . 6 . 1967, p . 2269/ 67.                      The contract shall be awarded to the tenderer offering
(2) OJ No L 209, 31 . 7. 1974, p. 1 .                             the best terms . However, if the tenders submitted do
(>) OJ No L 178 , 5. 8 . 1972, p. 3 .                             not appear to correspond to normal market prices and
 ---pagebreak--- No L 306/ 10                     Official Journal of the European Communities                             16 . 11 . 74
costs, the intervention agency may cancel the invita­                                Article 7
tion to tender.
                                                            1 . The intervention agency of the Kingdom of the
                                                            Netherlands shall be responsible for organizing the
                       Article 4                            invitation to tender provided for by this Regulation .
If, because of delay in the provision of ships for          2.     It shall forthwith communicate to the Commis­
effecting transport by sea, the successful tenderer is      sion the list of firms which have responded to the invi­
unable to deliver the goods fob on the date fixed in        tations to tender, specifying the terms of each tender,
the notice of invitation to tender, the costs resulting     together with the name and business name of the
from such delay shall be borne by the intervention          successful tenderer.
agency.
                                                            3.     On the other hand, if the successful tenderer is
                                                            established in a Member State other than the one
                       Article 5                            collecting the tenders, and if the product is dispatched
                                                            through a frontier post of the Member State where the
                                                            successful tenderer is established, the . intervention
1 . The successful tenderer shall give security in an       agency of the latter Member State shall be responsible
amount of 10 units of account per metric ton of             for the operations relating to the tendering.
goods ; the purpose of such security is to guarantee
performance of the operations specified in Articles 1
and 6. The security shall be forfeit if those operations    In this case, the intervention agency choosing the
are not carried out within the time stipulated, save as     successful tenderer shall immediately inform the inter­
regards quantities not delivered for reasons of force       vention agency of the Member State concerned and
majeure.                                                    shall supply it with all the information which it may
                                                            require.
2. The security referred to in paragraph 1 may be
given in the form of a cash deposit or of a guarantee       4. The intervention agency shall request the
issued by a credit institution which satisfies the          successful tenderer to supply the following informa­
                                                            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
to be supplied to the Malagasy Republic must meet           The information indicated above shall be forwarded
the following requirements :                                by the intervention agency to the Commission imme­
                                                            diately upon receipt.
— moisture : 12% 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
2.    Tenders for supply to the Malagasy Republic of        Member State in whose territory the port of shipment
the common wheat flour referred to in Article 1 must        is situated .
relate to a product with the following characteristics :
— moisture : 1 2 % maximum ;
                                                                                     Article 9
— 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--- 16. 11 . 74                    Official Journal of the European Communities                      No L 306/ 11
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 15 November 1974.
                                                                   For the Commission
                                                                       The President
                                                                  Francois-Xavier ORTOLI