CELEX: 31974R2598
Language: en
Date: 1974-10-11 00:00:00
Title: Regulation (EEC) No 2598/74 of the Commission of 11 October 1974 opening an invitation to tender for the mobilization of common wheat flour as food aid for the United Arab Republic of Egypt

12. 10 . 74                              Official Journal of the European Communities                           No L 277/29
                              REGULATION ( EEC) No 2598 /74 OF THE COMMISSION
                                                       of 11 October 1974
                opening an invitation to tender for the mobilization of common wheat flour as
                                     food aid for the United Arab Republic of Egypt
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
Having regard to Council Regulation No 120/                         are in accordance with the Opinion of the Manage­
67/ EEC ( 1 ) of 13 June 1967 on the common organiza­               ment Committee for Cereals ,
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 1 996/74 (2) ;
                                                                    HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation ( EEC) No
1 693/72 (3) of 3 August 1972 establishing the criteria
for the mobilization of cereals to be used as food aid ,                                      Article 1
and in particular Article 6 thereof ;
                                                                    1 . An invitation to tender shall be issued in respect
Whereas on 21 March 1974, the Council of the Euro­
                                                                    of the supply of 13 245 metric tons of common wheat
pean Communities declared that by way of Commu­                     flour to the United Arab Republic of Egypt by way of
nity action it proposed to grant to the United Arab                 Community food-aid action .
Republic of Egypt the equivalent of 20 000 metric
tons of common wheat, in the form of flour, i.e.
                                                                    2. The tendering procedure shall take place in the
13 245 metric tons of common wheat flour, under its
                                                                    Kingdom of the Netherlands and shall be in respect
1973/74 food aid programme ;                                        of a single lot.
Whereas pursuant to Article 3 (3) of Council Regula­                3 . The goods shall be mobilized on the Commu­
tion (EEC) No 1693/72 the goods may be purchased                    nity market.
anywhere on the Community market ;
                                                                    4.       Shipment shall be from a Community port.
Whereas tenders should be invited for the supply of
the product to the port of shipment in the vicinity of              5 . The product referred to in paragraph 1 is to be
the vessel, the goods to be set down at the place nomi­             delivered in new cotton sacks of a net capacity of
nated by the recipient or its agent ;                               67-485 kilogrammes to the port of shipment in the
                                                                    vicinity of the vessel . The goods must be set down at
Whereas      the  contract     should    be    awarded  to the      the place nominated by the recipient country or its
tenderer who makes the best offer ;                                 agent, the timing of delivery being settled by the
                                                                    tenderer and the recipient country's agent.
Whereas it must be made clear who is to bear any
costs which arise in the event that for reasons of force            6.       The following shall be printed on the sacks :
 majeure the operation in question is not completed
within the time stipulated ;                                        'Wheat flour — gift of the European Community.'
Whereas provision should be made for securtiy to be
                                                                                              Article 2
given to guarantee fulfilment of obligations arising by
virtue of participation in the invitation to tender for
the supply of goods to the United Arab Republic of                   1.      The award of the contract shall take place on 25
                                                                    October 1974 .
Egypt ;
Whereas the Dutch intervention agency should be                     2.       The closing date for submission of tenders shall
                                                                    be 25 October 1974 at 12 noon .
made responsible for organizing the invitation to
tender ;
                                                                    3.       The    notice of invitation to  tender  shall be
(') OJ No 117, 19 . 6 . 1967 , p . 2269 / 67 .                      published in the Official Journal of the European
(2) OJ No L 209 , 31 . 7 . 1974 , p. 1 .                             (,'oni in unities not less than nine days before the
(3 ) OJ No L 1 78 , 5 . 8 . 1972, p. 3 .                            closing date for submission of tenders .
 ---pagebreak--- No L 277/ 30                         Official Journal of the European Communities                             12. 10 . 74
                          Article 3                                                       Article 7
The contract shall be awarded to the tenderer who
makes the most favourable offer.                                1 . The intervention agency of the Kingdom of the
                                                                Netherlands shall be responsible for organizing the
However, if the tenders submitted do not appear to              invitation to tender provided for by this Regulation .
reflect normal market prices and costs, the interven­
tion agency may cancel the invitation to tender.                2.      It shall forthwith communicate to the Commis­
                                                                sion the list of firms which have responded to the invi­
                          Article 4                             tation to tender, specifying the terms of each tender,
                                                                together with the name and business name of the
                                                                successful tenderer.
If the tenderer is unable to deliver the goods in
compliance with Article 1 (5) on the date given in the
notice of invitation to tender as a result of the late          3.     On the other hand , if the successful tenderer is
availability of the vessels to be used for sea transporta­      established in a Member State other than the one
tion , the resulting costs shall be borne by the interven­      collecting the tenders, and if the product is dispatched
tion agency.                                                    through a frontier post of the Member State where the
                                                                successful tenderer is established , the intervention
                          Article 5                             agency of the latter Member State shall be responsible
                                                                for the operations relating to the tendering.
1 . The successful tenderer shall give security in an
amount of 10 units of account per metric ton of                 In this case, the intervention agency choosing the
goods ; the purpose of such security is to guarantee            successful tenderer shall immediately inform the inter­
performance of the operations specified in Articles 1           vention agency of the Member State concerned and
and 6 . The security shall be forfeit if those operations       shall supply it with all the information which it may
are not carried out within the time stipulated, save as         require .
regards quantities not delivered for reasons of force
majeure,
                                                                4.     The intervention agency shall request the
2. The security referred to in paragraph 1 may be               successful tenderer to supply the following informa­
given in the form of a cash deposit or of a guarantee           tion :
issued by credit institution which satisfies the 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 goods referred to in Article 1 which are to             The information indicated above shall be forwarded
be supplied to the United Arab Republic of Egypt                by the intervention agency to the Commission imme­
must meet the following requirements :                          diately upon receipt .
Common wheat flour :
— moisture content : 15 % maximum ;
— acidity : 4 ml NaOH/ n maximum 100 g (calcu­                                            Article 8
     lated on the dry matter) ;
— ash content : 0-52 % maximum on the dry matter.               On delivery of the goods at the port of shipment, a
                                                                handing-over certificate shall be supplied to the
If the goods referred to in Article 1 do not meet the           successful tenderer, acting as agent for the Commu­
foregoing requirements they shall be rejected and the           nity, by the agent of the recipient country or, in the
successful tenderer shall be owner thereof.
                                                                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 United Arab Republic           is situated .
of Egypt of the goods referred to in Article 1 must
relate to products with the following characteristics :
Common wheat flour :
                                                                                          Article 9
— moisture content : 1 5 % maximum ;
— acidity : 4 ml NaOH / n maximum per 100 g (calcu­             This Regulation shall enter into force on the day of its
     lated on the dry matter) ;                                 publication in the Official Journal of the European
— ash content : 0-52 % maximum on the dry matter.                Communities.
 ---pagebreak--- 12. 10 . 74                    Official Journal of the European Communities                      No L 277/31
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 11 October 1974.
                                                                   For the Commission
                                                                       The President
                                                                  Francois-Xavier ORTOLI