31974R0287

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 Article 1 in particular Article 6 thereof ;

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 3 . The invitation to tender provided for in para­ be applied and that the product should be purchased graph 1 is for supply of products delivered cif, that is on the Community market ; 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 specified in paragraph 1 cif to the port listed in the will be fulfilled ; Annex in new polyester sacks lined with Kraft paper with four pleats, having a net capacity of 50 kilo­ Whereas the French intervention agency should, in grammes . any event, be made responsible for the tendering procedure ; The following shall be printed on the sacks : (') OJ No 117, 19. 6. 1967, p. 2269/67. ' FARINE DE FROMENT — DON DE LA COMMU­ (2) OJ No L 141 , 28 . 5 . 1973 , p. 8 . 0) OJ No L 178 , 5 . 8 . 1972, p. 3 . NAUTfi ECONOMIQUE EUROPfiENNE .'

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 relate to a product with the following characteristics : 2. The closing date for the submission of tenders 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 sion the list of firms which have responded to the invi­ Article 4 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 successful tenderer. value of 10 units of account per metric ton ; the secu­ 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 tenderer specifies the following information : shall be forfeit if those operations are not carried out 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 and their packaging ; 2. The security provided for in paragraph 1 may be 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

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