CELEX: 31974R0606
Language: en
Date: 1974-03-15 00:00:00
Title: Regulation (EEC) No 606/74 of the Commission of 15 March 1974 opening a new invitation to tender for the mobilization of common wheat flour as food aid for the Malagasy Republic

No L 73/24                                 Official Journal of the European Communities                            16 . 3 . 74
                              REGULATION (EEC) No 606/74 OF THE COMMISSION
                                                          of 15 March 1974
               opening a new invitation to tender for the mobilization of common wheat flour
                                             as food aid for the Malagasy Republic
THE COMMISSION OF THE EUROPEAN                                        tions arising by virtue of participation in the invita­
COMMUNITIES,                                                          tion to tender for supplies to the Malagasy Republic
                                                                      will be fulfilled ;
Having regard to the Treaty establishing the European
Economic Community ;                                                 Whereas the French intervention agency should be
Having regard to Council Regulation No 120/                           made responsible for the tendering procedure ;
67/EEC ( J ) of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­               Whereas the Commission must be informed quickly
                                                                      of the tenders submitted in response to the invitation
lation (EEC) No 1346/ 73 (2) ;
                                                                      and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No
1 693/72 (3) of 3 August 1972 laying down the condi­                  Whereas the measures provided for in this Regulation
tions for the mobilization of cereals as food aid , and               are in accordance with the Opinion of the Manage­
in particular Article 6 thereof ;                                     ment Committee for Cereals,
Whereas on 14 May 1973 the Council of the Euro­
pean Communities declared that it proposed, by way
of Community action, to grant the equivalent of 5 000                 HAS ADOPTED THIS REGULATION :
metric tons of common wheat (in other words 3 311
metric tons of common wheat flour) to the Malagasy
                                                                                             Article 1
Republic under its 1972/73 food aid programme ;
Whereas the invitation to tender opened in the                        1 . Tenders are hereby invited for the supply to the
Community under Commission Regulation (EEC) No                        Malagasy Republic, by way of Community action , of
287/74 (4) of 1 February 1974 opening an invitation to                3 311 metric tons of common wheat flour.
tender for the mobilization of common wheat flour as
aid for the Malagasy Republic was not allocated ;                     2. The tendering procedure shall take place in
whereas a new invitation to tender should therefore be                France in one lot. The product shall be mobilized on
opened ;                                                              the Community market. The products shall be loaded
                                                                      for departure from a Community port.
Whereas analysis of the state of the Community
cereals market indicates that the criteria of Article 3
                                                                      3 . The invitation to tender provided for in para­
(3) of Council Regulation (EEC) No 1693/72 should                     graph 1 is for supply of products delivered cif, that is
be applied and that the product should be purchased                   at the moment when the goods are actually removed
on the Community market ;                                             from the ship's hold at the port of unloading.
Whereas the proposed invitation to tender should be
for supply of the products delivered cif, that is at the              The recipient country shall bear all costs subsequent
moment when the goods are actually removed from                       to delivery of the goods, including unloading costs
the ship's hold at the port of unloading ;                            (such as unstowing, hoisting and reception) and any
                                                                      lighterage costs.
Whereas the award under the invitation to tender
must be made in favour of the tenderer offering the                   Any demurrage costs or dispatch money at the port of
best terms ;                                                          unloading shall be a charge on or for the benefit of
                                                                      the recipient country. The rates and detailed arrange­
Whereas, should force majeure make it impossible to                   ments relating thereto laid down in the contract
complete the operation in question within the time                    between the authorized agent of the Community and
limits specified, it must be made clear who is to bear                the carrier must have been agreed upon in advance by
the liability for any resulting costs ;                               the authorized agent and the receiving agent of the
                                                                       recipient country.
Whereas provision should be made for security to be
given for the purpose of guaranteeing that the obliga­                4. The sucessful tenderer shall deliver the product
                                                                      specified in paragraph 1 cif to the port listed in the
(>) JO No   117, 19 . 6. 1967, p. 2269 /67.                           Annex in new polyester sacks lined with Kraft paper
(2) OJ No   L 141 , 28 . 5 . 1973, p . 8 .
(3) OJ No   L 178, 5. 8 . 1972, p. 3.                                 with three pleats, having a net capacity of 50 kilo­
(4) OJ No   L 29, 2. 2. 1974, p. 14.                                  grammes .
 ---pagebreak---  16 . 3 . 74                          Official Journal of the European Communities                            No L 73/25
The following shall be printed on the sacks :                   — Ash content : 0-52 % maximum referred to dry
                                                                      matter .
' Farine de froment — Don de la Communauté écono­
mique européenne'.                                               Flour not meeting these requirements shall be
                                                                 refused.
                           Artide 2
                                                                 2.    Tenders for supply to the Malagasy Republic of
 1 . The decision on tenders received in response to             the common wheat flour referred to in Article 1 must
the invitation provided for in Article 1 shall be taken          relate to a product with the following characteristics :
on 29 March 1974 .
                                                                — Moisture : 12 % maximum ;
2.      The closing date for the submission of tenders
shall be 29 March 1974 at 12 noon .                             — Protein content : 10-5 % minimum (N x 6-25 on
                                                                     dry matter) ;
3.      The  notice     of invitation  to  tender  shall be
                                                                — Ash content : 0-52 % maximum referred to dry
published in the Official Journal of the European                    matter .
 Communities not less than nine days before the
closing date for the submission of tenders.
                                                                                           Article 6
                           Article 3
                                                                 1 . The French intervention agency shall be respon­
The contract shall be awarded to the tenderer offering           sible for the operations relating to the invitation to
the best terms . However, if the tenders submitted do            tender provided for by this Regulation .
not appear to correspond to normal market prices and
                                                                 2.     It shall forthwith communicate to the Commis­
costs, the intervention agency may cancel the invita­
tion to tender.                                                  sion the list of firms which have responded to the invi­
                                                                 tation to tender, specifying the terms of each tender,
                           Article 4                             together with the name and business name of the
                                                                 successful tenderer.
 1 . The successful tenderer shall give security of a
value of 10 units of account per metric ton ; the secu­          3 . The intervention agency shall ask that the
rity is intended to guarantee that the operations speci­         tenderer specifies the following information :
fied in Article 1 are duly completed . The security              (a) after each shipment, a statement giving details of
shall be forfeit if those operations are not carried out             the quantities loaded, the quality of the products
within the prescribed time limit, save as regards quan­              and their packaging ;
tities not delivered owing to force majeure.
                                                                 (b) the date of the departure of the ships, the expected
2. The security provided for in paragraph 1 may be                    date of arrival of the products at their destination ;
given in the form of a cash deposit or of a guarantee            (c) all possible contingencies which might occur
issued by a credit institution conforming to the                      during transportation of the products.
criteria laid down by the Member State .
                                                                 The intervention agency shall transmit the informa­
                           Article 5                             tion provided for to the Commission as soon as it is
                                                                 received .
 1.     The common wheat flour referred to in Article 1
to be supplied to the Malagasy Republic must meet
                                                                                           Article 7
the following requirements :
— Moisture : 12% maximum ;                                       This Regulation shall enter into force on the day of its
— Protein content : 10-5 % minimum (N x 6-25 on                  publication in the Official Journal of the European
      dry matter) ;                                              Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 15 March 1974 .
                                                                            For the Commission
                                                                                The President
                                                                           Francois-Xavier ORTOLI
 ---pagebreak--- No L 73 /26         Official Journal of the European Communities                           16 . 3 . 74
                                        ANNEX
            Number
             of lot  Port of unloading       Minimum rate of unloading      Tonnage cif
               1        Tamatave              Customs of the port      3 311   metric tons