CELEX: 31974R0143
Language: en
Date: 1974-01-18 00:00:00
Title: Regulation (EEC) No 143/74 of the Commission of 18 January 1974 opening a new invitation to tender for the mobilization of common wheat flour as aid for the Arab Republic of Egypt

19 . 1 . 74                                Official Journal of the European Communities                           No L 16/25
                                REGULATION (EEC) No 143/74 OF THE COMMISSION
                                                           of 18 January 1974
               opening a new invitation to tender for the mobilization of common wheat flour
                                               as aid for the Arab Republic of Egypt
THE COMMISSION OF THE EUROPEAN                                         virtue of participation in the invitation to tender for
COMMUNITIES,                                                           the supply of goods to the Arab Republic of Egypt ;
Having regard to the Treaty establishing the European                  Whereas the French intervention agency should in
Economic Community ;                                                   any event be made responsible for organizing the invi­
                                                                       tation to tender ;
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                Whereas it is important that the Commission be
lation (EEC) No 1346/73 (2) ;                                          informed without delay of the tenders submitted in
                                                                       response to the invitation and of those accepted by
Having regard to Council Regulation (EEC) No                           the intervention agency ;
1 693/72 (3 ) of 3 August 1972 establishing the criteria
for the mobilization of cereals to be used as food aid,                Whereas the measures provided for in this Regulation
and in particular Article 6 thereof ;                                  are in accordance with the Opinion of the Manage­
                                                                       ment Committee for Cereals,
Whereas on 23 May 1972 and on 14 May 1973 the
Council of the European Communities declared that
by way of Community action it proposed to grant to
the Arab Republic of Egypt the equivalent of 33 000                    HAS ADOPTED THIS REGULATION :
metric tons of common wheat, in the form of flour,
i.e. 21 854 metric tons of common wheat flour, under
its 1971 /72 and 1972/73 food-aid programmes ;                                                 Article 1
Whereas the invitation to tender opened in the                          1 . An invitation to tender shall be issued in respect
Community under Commission Regulation (EEC) No                         of the supply of 10 000 metric tons of common wheat
3388/73 (4) of 14 December 1973 opening an invita­                     flour to the Arab Republic of Egypt by way of
tion to tender for the mobilization of common wheat                    Community food-aid action .
flour as aid for the Arab Republic of Egypt was not all
allocated ; whereas a new invitation to tender should                  2. The tendering procedure shall take place in
therefore be opened ;                                                  France and shall be in respect of one lot.
Whereas      examination        of  the     state  of  the  cereals
                                                                       3 . The goods shall be mobilized on the Commu­
market in the Community indicates that the criteria                    nity market.
of Article 3 (3) of Council Regulation (EEC) No
 1693/72 should be applied, and in particular that the                 4.     Shipment shall be from one of the ports laid
goods should be purchased on the Community                             down in the Annex .
market ;
Whereas the proposed invitation to tender should                        5 . The goods referred to in paragraph 1 shall be
relate to supply of the goods fob, i.e. up to the point                supplied fob (that is to say the successful tenderer
at which they are placed in the hold of the ship at the                shall place them in the hold of the ship at the port of
port of shipment ;                                                     shipment) in jute sacks of a maximum net capacity of
                                                                        67-485 kilogrammes .
Whereas      the   contract      should      be   awarded   to  the
tenderer who makes the best offer ;                                     6.     The following shall be printed on the sacks :
Whereas it must be made clear who is to bear any
costs which arise in the event that for reasons of force                     'Wheat flour — gift of the European Community.'
 majeure the operation in question is not completed
within the time stipulated ;
                                                                                                Article 2
Whereas provision should be made for security to be
given to guarantee fulfilment of obligations arising by                  1 . The award of the contract shall take place on 1
                                                                         February 1974.
(') OJ   No  117, 19 . 6 . 1967, p . 2269 /67 .
(*) OJ   No  L 141 , 28 . 5 . 1973 , p. 8 .
P)  OJ   No  L 1 78 , 5. 8 . 1 972, p. 3 .                              2.     The closing date for submission of tenders shall
(4) OJ   No  L 345 , 15 . 12 . 1973 , p. 44 .                           be 1 February 1974 at 12 noon .
 ---pagebreak--- No L 16/ 26                          Official Journal of the European Communities                             19 . 1 . 74
3.    The    notice    of invitation  to  tender  shall be     — ash content : 0-52 %             maximum on the dry
published in the Official Journal of the European                    matter.
Communities not less than ten days before the closing
date for submission of tenders .                                If the goods referred to in Article 1 do not meet the
                                                                foregoing requirements they shall be rejected and the
                          Article 3                             successful tenderer shall be owner thereof.
The contract shall be awarded to the tenderer who               2. Tenders for supply to the Arab Republic of
offers the most favourable terms. If it appears,                Egypt of the goods referred to in Article 1 must relate
however, that the tenders submitted do not reflect              to products with the following characteristics :
normal market prices and rates, the intervention                Common wheat flour :
agency may cancel the invitation to tender.
                                                                — moisture content : 15% maximum ,
                          Article 4                             — acidity : 4 ml NaOH/n maximum per 100 g (calcu­
                                                                     lated on the dry matter),
If, because of delay in the provision of ships for
effecting transport by sea, the successful tenderer is          — ash content : 0-52 % maximum on the dry matter.
unable to deliver the goods fob on the date fixed in
the notice of invitation to tender, the costs resulting                                    Article 7
from such delay shall be borne by the intervention
agency .                                                         1 . The French intervention agency shall be respon­
                                                                sible for organizing the invitation to tender provided
                          A rticle 5                            for by this Regulation .
1 . The successful tenderer shall give security in an           2.      It shall forthwith communicate to the Commis­
amount of 10 units of account per metric ton of                 sion the list of firms which have responded to the invi­
goods ; the purpose of such security is to guarantee            tation to tender, specifying the terms of each tender,
performance of the operations specified in Articles 1           together with the name and business name of the
and 6 . The security shall be forfeit if those operations       successful tenderer.
are not carried out within the time stipulated, save as
regards quantities not delivered for reasons of force           3.     The intervention agency shall request the
majeure.                                                        successful tenderer to supply the following informa­
                                                                tion :
2.    The security referred to in paragraph 1 may be
given in the form of a cash deposit or of a guarantee           (a) after each shipment a certificate showing the quan­
issued by a credit institution which satisfies the                   tities dispatched and the quality of the products ;
criteria laid down by each Member State .
                                                                (b) the date of departure of the ships .
                          Article 6                             The information indicated above shall be forwarded
1 . The goods referred to in Article 1 which are to             by the intervention agency to the Commission imme­
be supplied to the Arab Republic of Egypt must meet             diately upon receipt.
the following requirements :
Common wheat flour :                                                                       Article 8
— 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, 18 January 1974.
                                                                            For the Commission
                                                                                The President
                                                                           Francois-Xavier ORTOLI
 ---pagebreak--- 19 . 1 . 74                  Official Journal of the European Communities                          No L 16 /27
                                                    ANNEX
                                                        Minimum rate of loading
            Number of lot Port from which consigned                                 Tonnage fob
                                                               per day
                1           Community ports              Customs of the port    10 000 metric tons