CELEX: 31974R1178
Language: en
Date: 1974-05-10 00:00:00
Title: Regulation (EEC) No 1178/74 of the Commission of 10 May 1974 opening an invitation to tender for the mobilization of common wheat flour as aid for the Island of Mauritius

No L 129 / 14                            Official Journal of the European Communities                             11 . 5 . 74
                             REGULATION ( EEC) No 1178 / 74 OF THE COMMISSION
                                                         of 10 May 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 ( l ) of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­
lation ( EEC) No 1346/73 P);                                        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 5 447 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 procedure shall take place in France and
wheat, in the form of flour, i.e. 7 947 metric tons of              shall be in respect of two lots .
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 communaute
tenderer who makes the best offer ;                                 economique 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 27
Whereas provision should be made for security to be                  May 1 974.
given to guarantee fulfilment of the obligations arising             2.    The closing date for submission of tenders shall
by virtue of participation in the invitation to tender               be 27 May 1974 at 12 noon .
 for 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 .
(^) OJ No L 141 , 28 . 5 . 1973 , p. 8 .                             The contract shall be awarded to the tenderer who
(3 ) OJ No L 178 , 5 . 8 . 1972 , p. 3 .                             offers the most favourable terms . If it appears
 ---pagebreak--- 11 . 5 . 74                       Official Journal of the European Communities                          No L 129 / 15
however, that the tenders submitted do not reflect           — ash content : 0-52 % maximum on the dry matter.
normal market prices and rates, the intervention
agency may cancel the invitation to tender.
                                                                                         Article 7
                        Article 4
If, because of delay in the provision of ships for            1 . The French intervention agency shall be respon­
effecting transport by sea, the successful tenderer is        sible for organizing the invitation to tender provided
unable to deliver the goods fob on the date fixed in          for by this Regulation .
the notice of invitation to tender, the costs resulting
from such delay shall be borne by the intervention            2.     It shall forthwith communicate to the Commis­
agency.                                                       sion the list of firms which have responded to the invi­
                                                              tation to tender, specifying the terms of each tender,
                        Article 5                             together with the name and business name of the
                                                              successful tenderer.
1 . The successful tenderer shall give security in an
amount of 10 units of account per metric ton of
                                                              3.     On the other hand, if the successful tenderer is
goods ; the purpose of such . security is to guarantee        established in a Member State other than the one
performance of the operations specified in Articles 1
and 6. The security shall be forfeit if those operations      collecting the tenders, and if the product is
are not carried out within the time stipulated, save as       despatched through a frontier post of the Member
                                                              State where the successful tenderer is established, the
regards quantities not delivered for reasons of force
mafen re.                                                     intervention agency of the latter Member State shall
                                                              be responsible for the operations relating to the tender­
2. The security referred to in paragraph 1 may be             ing.
given in the form of a cash deposit or of a guarantee
issued by a credit institution which satisfies the            In this case, the intervention agency choosing the
criteria laid down by each Member State .                     successful tenderer shall immediately inform the inter­
                                                              vention agency of the Member State concerned and
                        Article 6
                                                              shall supply it with all the information which it may
1 . The goods referred to in Article 1 which are to           require .
be supplied to the Island of Mauritius must meet the
following requirements :                                      4. The intervention agency shall request the
Common wheat flour :                                          successful tenderer to supply the following informa­
                                                              tion :
— moisture content : 15% maximum ,
— acidity : 4 ml Na OH/n maximum per 100 g                    (a) After each shipment a certificate showing the quan­
     (calculated on the dry matter),                               tities despatched and the quality of the products ;
— ash content : 0-52 % maximum on the dry matter.             (b) The date of departure of the ships.
If the goods referred to in Article 1 do not meet the
foregoing requirements they shall be rejected and the         The information indicated above shall be forwarded
successful tenderer shall be owner thereof.                   by the intervention agency to the Commission imme­
                                                              diately upon receipt.
2. Tenders for supply to the Island of Mauritius of
the goods referred to in Article 1 must relate to
products with the following characteristics :
                                                                                         Article 8
Common wheat flour :
— moisture content : 15% maximum ,                            This Regulation shall enter into force on the day of its
— acidity : 4 ml Na OH/ n maximum per 100 g                   publication in the Official Journal of the European
     (calculated on the dry matter),                           Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 10 May 1974.
                                                                          For the Commission
                                                                              The President
                                                                         Francois-Xavier ORTOL1
 ---pagebreak--- No L 129/ 16                    Official Journal of the European Communities                          11 . 5 . 74
                                                        ANNEX
                                                            Minimum rate of loading
             Number of lot    Port from which consigned            per day              Tonnage fob
                 1                                                                  2 500 metric tons
                           > Rouen and/or Bordeaux           Customs of the port
                 2         )                                                        2 947 metric tons