CELEX: 31974R0287
Language: en
Date: 1974-02-01 00:00:00
Title: Regulation (EEC) No 287/74 of the Commission of 1 February 1974 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Malagasy Republic

No L 29/ 14                              Official Journal of the European Communities                             2. 2. 74
                            REGULATION (EEC) No 287/74 OF THE COMMISSION
                                                       of 1 February 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 Commission must be informed quickly
COMMUNITIES,                                                       of the tenders submitted in response to the invitation
                                                                    and of those accepted by the intervention agency ;
Having regard to the Treaty establishing the European
Economic Community ;                                               Whereas the measures provided for in this Regulation
                                                                    are in accordance with the Opinion of the Manage­
Having regard to Council Regulation No 120/                         ment Committee for Cereals,
67/EEC (') of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 1 346/73 (2) ;
                                                                    HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC) No
1 693/72 (3) of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid, and
in particular Article 6 thereof ;                                                          Article 1
Whereas on 14 May 1973 the Council of the Euro­                     1 . Tenders are hereby invited for the supply to the
pean Communities declared that it proposed, by way                  Malagasy Republic, by way of Community action, of
of Community action, to grant the equivalent of 5 000               3 311 metric tons of common wheat flour.
metric tons of common wheat (in other words 3 311
metric ton of common wheat flour) to the Malagasy                   2. The tendering procedure shall take place in
Republic under its 1972/73 food aid programme ;                     France on one lot. The product shall be mobilized on
                                                                    the Community market. The products shall be loaded
Whereas analysis of the state of the Community                      for departure from a Community port.
cereals market indicates that the criteria of Article 3
(3) of Council Regulation (EEC) No 1693/72 should
be applied and that the product should be purchased                 3 . The invitation to tender provided for in para­
on the Community market ;                                           graph 1 is for supply of products delivered cif, that is
                                                                    at the moment when the goods are actually removed
Whereas the proposed invitation to tender should be                 from the skip's hold at the port of unloading.
for supply of the products delivered cif, that is at the
moment when the goods are actually removed from                     The recipient country shall bear all costs subsequent
the ship's hold at the port of unloading ;                          to delivery of the goods, including unloading costs
                                                                    (such as unstowing, hoisting and reception) an any
Whereas the award under the invitation to tender                    lighterage costs.
must be made in favour of the tenderer offering the
best terms ;                                                        Any demurrage costs or dispatch money at the port of
                                                                    unloading shall be a charge on or for the benefit of
Whereas, should force majeure make it impossible to                 the recipient country. The rates and detailed arrange­
complete the operation in question within the time                  ments relating thereto laid down in the contract
limits specified, it must be made clear who is to bear              between the authorized agent of the Community and
the liability for any resulting costs ;                             the carrier must have been agreed upon in advance by
                                                                    the authorized agent and the receiving agent of the
Whereas provision should be made for security to be                 recipient country.
given for the purpose of guaranteeing that the obliga­
tions arising by virtue of participation in the invita­
                                                                    4. The successful tenderer shall deliver the product
tion to tender for supplies to the Malagasy Republic
will be fulfilled ;                                                 specified in paragraph 1 cif to the port listed in the
                                                                    Annex in new polyester sacks lined with Kraft paper
Whereas the French intervention agency should, in                   with four pleats, having a net capacity of 50 kilo­
any event, be made responsible for the tendering                    grammes .
procedure ;
                                                                    The following shall be printed on the sacks :
(') OJ No 117, 19. 6. 1967, p. 2269/67.
(2) OJ No L 141 , 28 . 5 . 1973 , p. 8 .                            ' FARINE DE FROMENT — DON DE LA COMMU­
0) OJ No L 178 , 5 . 8 . 1972, p. 3 .                               NAUTfi ECONOMIQUE EUROPfiENNE .'
 ---pagebreak--- 2. 2. 74                              Official Journal of the European Communities                           No L 29/ 15
                           Article 2                             Flour not meeting these requirements shall be re­
                                                                 fused.
1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken          2.     Tenders for supply to the Malagasy Republic of
on 15 February 1974.                                             the common wheat flour referred to in Article 1 must
2. The closing date for the submission of tenders               relate to a product with the following characteristics :
shall be 15 February 1974 at 12 noon .                          — Moisture : 12 % maximum
3.     The   notice     of invitation  to  tender shall be      — Protein content : 10-5 % minimum (N x 6-25 on­
published in the Official Journal of the European                    dry matter)
Communities not less than 9 days before the closing             — Ash content : 0-52 % maximum referred to dry
date for the submission of tenders .                                 matter.
                           Article 3
                                                                                           Article 6
The contract shall be awarded to the tenderer offering
the best terms . However, if the tenders submitted do            1 . The French intervention agency shall be respon­
not appear to correspond to normal market prices and             sible for the operations relating to the invitation to
costs, the intervention agency may cancel the invita­            tender provided for by this Regulation .
tion to tender.
                                                                 2.     It shall forthwith communicate to the Commis­
                           Article 4
                                                                 sion the list of firms which have responded to the invi­
                                                                 tation to tender, specifying the terms of each tender,
1 . The successful tenderer shall give security of a             together with the name and business name of the
value of 10 units of account per metric ton ; the secu­          successful tenderer.
rity is intended to guarantee that the operations speci­
fied in Article 1 are duly completed. The security               3 . The intervention agency shall ask that the
shall be forfeit if those operations are not carried out         tenderer specifies the following information :
within the prescribed time limit, save as regards quan­         (a) after each shipment, a statement giving details of
tities not delivered owing to force majeure.                          the quantities loaded, the quality of the products
2. The security provided for in paragraph 1 may be                   and their packaging ;
given in the form of a cash deposit or of a guarantee           (b) the date of the departure of the ships, the expected
issued by a credit institution conforming to the                     date of arrival of the products at their destination ;
criteria laid down by the Member State.                          (c) all possible contingencies which might occur
                                                                     during transportation of the products.
                           Article 5
                                                                 The intervention agency shall transmit the informa­
1.     The common wheat flour referred to in Article 1
                                                                 tion provided for to the Commission as soon as it is
to be supplied to the Malagasy Republic must meet                received .
the following requirements :
— Moisture : 12% maximum
                                                                                           Article 7
— 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.
              This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 1 February 1974.
                                                                            For the Commission
                                                                                The President
                                                                           Francois-Xavier ORTOLI
 ---pagebreak--- No L 29 / 16         Official Journal of the European Communities                   2 . 2 . 74
                                         ANNEX
             Number
              of lot   Port of unloading      Minimum rate of unloading Tonnage cif
                1         Tamatave             Customs of the port        3311