CELEX: 31975R0181
Language: en
Date: 1975-01-24 00:00:00
Title: Regulation (EEC) No 181/75 of the Commission of 24 January 1975 opening an invitation to tender for the mobilization of common wheat flour for the International Committee of the Red Cross as food aid

No L 20/ 16                            Official Journal of the European Communities                             25 . 1 . 75
                             REGULATION (EEC) No 181 /75 OF THE COMMISSION
                                                     of 24 January 1975
                opening an invitation to tender for the mobilization of common wheat flour for
                            the International Committee of the Red Cross as food aid
THE COMMISSION OF THE EUROPEAN                                    Whereas the Commission must be informed without
COMMUNITIES,                                                      delay of the tenders submitted in response to the invi­
                                                                  tation and of those accepted by the intervention
Having regard to the Treaty establishing the European             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 ( J ) 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 85/75 (2) ;
Having regard to Council Regulation (EEC) No                      HAS ADOPTED THIS REGULATION :
1693/72 (3) of 3 August 1972 fixing criteria for the
mobilization of cereals intended as food aid , and in
particular Article 6 thereof ;                                                             Article 1
Whereas on 20 January 1971 and 4 May 1972 the                      1 . An invitation to tender shall be issued in respect
Council of the European Communities declared that                 of the supply of 576 metric tons of common wheat
by way of Community action it proposed to grant to                flour to. the International Committee of the Red Cross
the International Committee of the Red Cross the                  as Community food aid .
equivalent of 870 metric tons of common wheat in
the form of flour, i.e. 576 metric tons of common                 2. The tendering procedure shall take place in
wheat flour, under its 1968 /69 and 1970/71 food-aid              France and shall be in respect of one lot.
programmes ;
                                                                  3 . The goods shall be mobilized on the Commu­
Whereas pursuant to Article 3 (3) of Council Regula­              nity market.
tion (EEC) No 1693/72 the goods may be purchased
anywhere on the Community market ; '                              4.     Shipment shall be from the port of Marseille.
Whereas the proposed invitation to tender should
                                                                  5 . The goods referred to in paragraph 1 shall be
relate to the supply of the goods fob ;
                                                                  supplied fob by the successful tenderer in new cotton
Whereas the award under the invitation to tender
                                                                  sacks of a net capacity of 50 kilogrammes.
must be made in favour of the tenderer offering the
best terms ;
                                                                  The following shall be printed on the sacks :
                                                                  ' Farine de froment — Don de la Communaute écono­
Whereas it must be made clear who is to bear any                  mique européenne/Action du Comité international de
costs which arise if, for reasons of force majeure the            la Croix-Rouge.'
operation in question is not completed within the stip­
ulated time limits ;
                                                                                           Article 2
Whereas provision should be made for a 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 goods to the International                      on 7 February 1975.
Committee of the Red Cross ;
                                                                  2. The closing date for submission of tenders shall
Whereas the French intervention agency should be                  be 7 February 1975, at 12 noon .
made responsible for the tendering procedure in ques­
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 11 , 16. 1 . 1975, p. 1 .                              Communities not less than nine days before the
 3) OJ No L 178 , 5 . 8 . 1972, p. 3 .                            closing date for submission of tenders.
 ---pagebreak--- 25. 1 . 75                           Official Journal of the European Communities                          No L 20/ 17
                        Article J                               flour referred to in Article 1 must relate to products
                                                               with the following characteristics :
The contract shall be awarded to the tenderer who
offers the most favourable terms. If it appears,               — moisture content : 12% maximum ;
however, that the tenders submitted do not reflect             — protein content : 10-5 % minimum (N x 6-25 on
normal market prices and rates, the intervention                     the dry matter) ;
agency may cancel the invitation to tender.                    — ash content : 0-52 % maximum on the dry matter.
                        Article 4                                                           Article 7
If, because of delay in the provision of ships for              1 . The French intervention agency shall be respon­
effecting transport by sea, the successful tenderer is         sible for organizing the tendering procedure provided
unable to deliver the goods fob on the date fixed in            for by this Regulation .
the notice of invitation to tender, the costs resulting        2.       It shall forthwith communicate to the Commis­
from such delay shall be borne by the intervention
                                                               sion the list of firms which have responded to the invi­
agency.
                                                               tation to tender, specifying the terms of each tender,
                                                                together with the name and business name of the
                        Article 5
                                                               successful tenderer.
1 . The successful tenderer shall give a security              3.       If the successful tenderer is established in a
amounting to 10 units of account per metric ton of             Member State other than the one collecting the
goods ; the purpose of such security is to guarantee            tenders, and if the product is dispatched through a
performance of the operations specified in Article 1 .          frontier post of the Member State where the successful
The security shall be forfeit if those operations are not       tenderer is established, the intervention agency of the
carried out within the stipulated time limits, save as         latter Member State shall be responsible for the opera­
regards quantities not delivered for reasons of force           tions relating to the tendering.
majeure.
                                                                In that case, the intervention agency which chooses
2. The security referred to paragraph 1 may be                  the successful tenderer shall immediately inform the
given in the form of a cash deposit or of a guarantee           intervention agency of the Member State concerned
issued by a credit institution which satisfies the              and shall supply it with all the information which it
criteria laid down by the Member State in question .            may require .
                        Article 6                              4. The intervention agency shall request the
                                                                successful tenderer to supply the following informa­
1.    The common wheat flour referred to in Article 1           tion :
which is to be supplied to the International
                                                               (a) after each shipment a certificate showing the quan­
Committee of the Red Cross must meet the following                   tities dispatched and the quality of the product ;
requirements :
                                                               (b) the date of departure of the vessels.
— moisture content : 12 % maximum ;
— protein content : 10-5 % minimum (N x 6-25 on                The information indicated above shall be forwarded
    the dry matter) ;                                          by the intervention agency to the Commission imme­
— ash content : 0-52 % maximum on the dry matter.              diately upon receipt.
If the flour does not meet the foregoing requirements                                       Article 8
it shall be rejected .
                                                               This Regulation shall enter into force on the day of its
2.    Tenders     for  supply     to   the    International     publication in the Official Journal of the European
Committee of the Red Cross of the common wheat                  (,'oinni unities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 24 January 1975 .
                                                                            /•"or the Commission
                                                                                 The President
                                                                           Fr;incois-X;wier ORTOLI