31974R0143

19 . 1 . 74 Official Journal of the European Communities No L 16/25

REGULATION ( EEC) No 143 / 74 OF THE COMMISSION of 18 January 1974 opening a new invitation to tender for the mobilization of common wheat flour as aid for the Arab Republic of Egypt

THE COMMISSION OF THE EUROPEAN virtue of participation in the invitation to tender for COMMUNITIES , the supply of goods to the Arab Republic of Egypt ;

Having regard to the Treaty establishing the European Whereas the French intervention agency should in Economic Community ; any event be made responsible for organizing the invi­ tation to tender ; Having regard to Council Regulation No 120/ 67/EEC (') of 13 June 1967 on the common organiza­ Whereas it is important that the Commission be tion of the market in cereals, as last amended by Regu­ informed without delay of the tenders submitted in lation ( EEC) No 1346/73 (2) ; response to the invitation and of those accepted by Having regard to Council Regulation (EEC) No the intervention agency ; 1 693/72 (3 ) of 3 August 1972 establishing the criteria for the mobilization of cereals to be used as food aid, Whereas the measures provided for in this Regulation and in particular Article 6 thereof ; are in accordance with the Opinion of the Manage­ ment Committee for Cereals, Whereas on 23 May 1972 and on 14 May 1973 the Council of the European Communities declared that by way of Community action it proposed to grant to the Arab Republic of Egypt the equivalent of 33 000 HAS ADOPTED THIS REGULATION : metric tons of common wheat, in the form of flour, i.e. 21 854 metric tons of common wheat flour, under Article 1 its 1971 /72 and 1972/73 food-aid programmes ;

Whereas the invitation to tender opened in the 1 . An invitation to tender shall be issued in respect Community under Commission Regulation (EEC) No of the supply of 10 000 metric tons of common wheat 3388/73 (4) of 14 December 1973 opening an invita­ flour to the Arab Republic of Egypt by way of tion to tender for the mobilization of common wheat Community food-aid action . flour as aid for the Arab Republic of Egypt was not all allocated ; whereas a new invitation to tender should 2. The tendering procedure shall take place in therefore be opened ; France and shall be in respect of one lot.

Whereas examination of the state of the cereals 3 . The goods shall be mobilized on the Commu­ market in the Community indicates that the criteria nity market. of Article 3 (3) of Council Regulation (EEC) No 1693/72 should be applied , and in particular that the 4. Shipment shall be from one of the ports laid goods should be purchased on the Community down in the Annex . market ; Whereas the proposed invitation to tender should 5 . The goods referred to in paragraph 1 shall be supplied fob (that is to say the successful tenderer relate to supply of the goods fob, i.e. up to the point at which they are placed in the hold of the ship at the shall place them in the hold of the ship at the port of port of shipment ; shipment) in jute sacks of a maximum net capacity of 67-485 kilogrammes . Whereas the contract should be awarded to the tenderer who makes the best offer ; 6 . The following shall be printed on the sacks :

Whereas it must be made clear who is to bear any costs which arise in the event that for reasons of force 'Wheat flour — gift of the European Community.' majeure the operation in question is not completed within the time stipulated ; Article 2 Whereas provision should be made for security to be given to guarantee fulfilment of obligations arising by 1 . The award of the contract shall take place on 1 February 1974. (') OJ No 117, 19 . 6 . 1967, p . 2269 /67 . (*) OJ No L 141 , 28 . 5 . 1973 , p. 8 . P) OJ No L 1 78 , 5. 8 . 1 972, p. 3 . 2. The closing date for submission of tenders shall (4) OJ No L 345 , 15 . 12 . 1973 , p. 44 . be 1 February 1974 at 12 noon .

No L 16/ 26 Official Journal of the European Communities 19 . 1 . 74

3 . The notice of invitation to tender shall be — ash content : 0-52 % maximum on the dry published in the Official Journal of the European matter . Communities not less than ten days before the closing date for submission of tenders . If the goods referred to in Article 1 do not meet the foregoing requirements they shall be rejected and the successful tenderer shall be owner thereof . Article 3 The contract shall be awarded to the tenderer who 2 . Tenders for supply to the Arab Republic of offers the most favourable terms . If it appears, Egypt of the goods referred to in Article 1 must relate however, that the tenders submitted do not reflect to products with the following characteristics : normal market prices and rates, the intervention Common wheat flour : agency may cancel the invitation to tender. — moisture content : 15% maximum , Article 4 — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ lated on the dry matter), If, because of delay in the provision of ships for effecting transport by sea, the successful tenderer is — ash content : 0-52 % maximum on the dry matter. unable to deliver the goods fob on the date fixed in the notice of invitation to tender, the costs resulting Article 7 from such delay shall be borne by the intervention agency . 1 . The French intervention agency shall be respon­ sible for organizing the invitation to tender provided A rticle 5 for by this Regulation . 1 . The successful tenderer shall give security in an 2 . It shall forthwith communicate to the Commis­ amount of 10 units of account per metric ton of sion the list of firms which have responded to the invi­ goods ; the purpose of such security is to guarantee tation to tender, specifying the terms of each tender, performance of the operations specified in Articles 1 together with the name and business name of the and 6 . The security shall be forfeit if those operations successful tenderer . are not carried out within the time stipulated, save as regards quantities not delivered for reasons of force 3 . The intervention agency shall request the majeure. successful tenderer to supply the following informa­ tion : 2. The security referred to in paragraph 1 may be given in the form of a cash deposit or of a guarantee (a) after each shipment a certificate showing the quan­ issued by a credit institution which satisfies the tities dispatched and the quality of the products ; criteria laid down by each Member State . (b) the date of departure of the ships .

Article 6 The information indicated above shall be forwarded by the intervention agency to the Commission imme­ 1 . The goods referred to in Article 1 which are to diately upon receipt. be supplied to the Arab Republic of Egypt must meet the following requirements : Common wheat flour : Article 8

— moisture content : 15% maximum , This Regulation shall enter into force on the day of its — acidity : 4 ml Na OH / n maximum per 100 g publication in the Official Journal of the European (calculated on the dry matter), Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 18 January 1974 . For the Commission The President Francois-Xavier ORTOLI

19 . 1 . 74 Official Journal of the European Communities No L 16 / 27

ANNEX

Minimum rate of loading Number of lot Port from which consigned Tonnage fob per day

1 Community ports Customs of the port 10 000 metric tons