CELEX: 31974R0889
Language: en
Date: 1974-04-16 00:00:00
Title: Regulation (EEC) No 889/74 of the Commission of 16 April 1974 opening an invitation to tender for the mobilization of common wheat and common wheat flour as aid for the Republic of the Philippines

No L 104/ 16                               Official Journal of the European Communities                             17 . 4 . 74
                             REGULATION ( EEC) No 889/74 OF THE COMMISSION
                                                           of 16 April 1974
              opening an invitation to tender for the mobilization of common wheat and
                         common wheat flour as aid for the Republic of the Philippines
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
1693/72 (3 ) of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid , and                                      Article 1
in particular Article 6 thereof ;
                                                                      1.    Tenders are hereby invited for the supply, by
Whereas on 14 May 1973 the Council of the Euro­                       way of Community food aid action , to the Republic of
pean Communities declared that by way of Commu­                       the Philippines of 5 000 metric tons of common
nity action it proposed to grant to the Republic of the               wheat and 3 311 metric tons of common wheat flour.
Philippines 5 000 metric tons of common wheat and
either the equivalent of 5 000 metric tons of common                  2.    The tendering procedure shall take place in the
wheat, or 3 311 metric tons of common wheat flour                     Republic of France in two lots .
under the 1972/73 food aid programme ;
                                                                      3 . The products shall be mobilized on the Commu­
Whereas an analysis of the state of the cereals market                nity market.
in the Community indicates that the criteria of Article
3 (3) of Council Regulation (EEC) No 1693/72 should                   4.    Loading shall take place for shipment from a
be applied, and that the product should be bought on                  port of the Community.
the Community market ;
                                                                      5.    The common wheat is to be loaded fob , that is
Whereas tenders should be invited for the supply of                   to say at the moment when the goods are loaded into
the product fob ; that is to say at the moment when
                                                                      the hold of the ship in the port of loading, in bulk by
the goods are loaded into the hold of the ship in the                 the tenderer. The common wheat flour is to be loaded
port of loading ;                                                     fob, in new cotton sacks of a net capacity of 50 kg by
                                                                      the tenderer .
Whereas     the  contract     should        be  awarded   to  the
tenderer offering the best terms.
                                                                      6.    The following shall be printed on the sacks :
Whereas in case it should be impossible for reasons of                'Wheat flour — Gift of the European Communities to
force majeure to complete the operation in question                   the Republic of the Philippines'.
within the set time limits , it must be made clear who
 is to bear any costs resulting therefrom ;
                                                                                             Article 2
Whereas provision should be made for security to be
given to guarantee fulfilment of the obligations arising               1 . The decision on tenders received in response to
 by virtue of participation in the invitation to tender
                                                                      the invitation provided for in Article 1 shall be taken
 for the supply of wheat to the Republic of the Philip­               on 27 April 1974.
 pines ;
Whereas the French intervention agency should be                       2. The closing date for submission of tenders shall
 made responsible for the tendering procedure in ques­                be 27 April 1974 at 12 noon .
 tion ;
                                                                      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 141 , 28 . 5 . 1973 , p . 8 .                             Communities not less than nine days before the
(}) OJ No L 178 , 5 . 8 . 1972, p . 3 .                               closing date for submission of tenders .
 ---pagebreak--- 17 . 4 . 74                         Official Journal of the European Communities                        No L 104/ 17
                        Article 3                              If the products do not meet one of the above require­
                                                               ments they shall be rejected and shall become the
The contract shall be awarded to the tenderer who              property of the tenderer.
makes the most favourable offer.
                                                               2. Tenders for the supply to the Republic of the
However, if the tenders submitted do not appear to             Philippines of products referred to in Article 1 must
reflect normal market prices and costs, the interven­          relate to flour with the following characteristics :
tion agency may cancel the invitation to tender.
                                                               Common wheat :
                        Article 4                             must be of fair and sound merchantable quality and
                                                              correspond at least to the standard quality for which
                                                              the intervention price is fixed, except that the
If the tenderer is unable to load the product fob on          humidity shall not exceed 15.5 % and that a
the date given in the notice of invitation to tender as a     maximum tolerance of 3 % of sprouted grains and
result of the late availability of the vessels to be used      1.5 % of miscellaneous impurities shall be allowed.
for sea transportation , the resulting costs shall be
borne by the intervention agency.
                                                               Common wheat flour :
                                                              — Moisture : 12% maximum ;
                        Article 5
                                                              — Protein content : 10.5 % minimum (N x 6.25 on
1 . The successful tenderer shall give security of a               dry matter) ;
value of 10 units of account per metric ton of flour
and 5 units of account per metric ton of common               — Ash content : 0.52 % maximum referred to dry
wheat ; the security is intended to guarantee that the             matter .
operations specified in Articles 1 and 6 are duly
completed . The security shall be forfeited if those
operations are not carried out within the prescribed
                                                                                        Article 7
time limit, save as regards quantities not delivered
owing to force majeure.
                                                               1.    The French intervention agency shall be respon­
2 . The security required under paragraph 1 may be            sible for the operations relating to the invitation to
provided in the form of a cash deposit or of a                tender provided for by this Regulation .
guarantee issued by a credit institution conforming to
criteria laid down by each Member State .                     2.      It shall forthwith communicate to the Commis­
                                                              sion the list of firms which have responded to the invi­
                                                              tation to tender, specifying the terms of each tender,
                        Article 6                             together with the name and business name of the
                                                              successful tenderer.
1 . The products referred to in Article 1 to be
supplied to the Republic of the Philippines must              3 . The intervention agency shall request the
meet the following requirements :                             successful tenderer to supply the following informa­
                                                              tion :
Common wheat :
                                                              (a) after each shipment a certificate showing the quan­
must be of fair and sound merchantable quality and                 tities dispatched and the quality of the products ;
correspond at least to the standard quality for which
the intervention price is fixed , except that the             (b) the date of departure of the ships .
humidity shall not exceed 15.5 % and that a
maximum tolerance of 3 % of sprouted grains and               The information indicated above shall be forwarded
1.5 % of miscellaneous impurities shall be allowed .
                                                              by the intervention agency to the Commission imme­
                                                              diately upon receipt.
Common wheat flour :
— Moisture : 12% maximum ;
                                                                                        Article 8
— 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--- No L 104/ 18                  Official Journal of the European Communities                        17 . 4 . 74
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 16 April 1974.
                                                                  For the Commission
                                                                      The President
                                                                 François-Xavier ORTOLI