31974R0288

2. 2 . 74 Official Journal of the European Communities No L 29 / 17

REGULATION ( EEC) No 288 /74 OF THE COMMISSION of 1 February 1974 opening a new invitation to tender for the mobilization of common wheat flour as aid for the Republic of Sri Lanka

THE COMMISSION OF THE EUROPEAN Whereas the Dutch intervention agency should in any COMMUNITIES, event be made responsible for organizing the invita­ tion to tender ; Having regard to the Treaty establishing the European Economic Community ; Whereas it is important that the Commission be Having regard to Council Regulation No 120/67/ EEC informed without delay of the tenders submitted in (!) of 13 June 1967 on the common organization of response to the invitation and of those accepted by the market in cereals, as last amended by Regulation the intervention agency ; (EEC) No 1346/73 (2 ) ; Whereas the measures provided for in this Regulation Having regard to Council Regulation (EEC) No are in accordance with the Opinion of the Manage­ 1 693/72 (3) of 3 August 1972 establishing the criteria ment Committee for Cereals, for the mobilization of cereals to be used as food aid, and in particular Article 6 thereof ; Whereas on 14 May 1973 the Council of the Euro­ HAS ADOPTED THIS REGULATION : pean Communities declared that by way of Commu­ nity action it proposed to grant to the Republic of Sri Lanka the equivalent of 10 000 metric tons of Article 1 common wheat, in the form of flour, i.e. 6 623 metric tons of common wheat flour, under its 1972/73 food­ 1 . An invitation to tender shall be issued in respect aid programme ; of the supply of 3 311 metric tons of common wheat flour to the Republic of Sri Lanka by way of Commu­ Whereas the invitation to tender opened in the nity food aid action . Community under Commission Regulation (EEC) No 3320/73 (4) of 7 December 1973 opening an invitation 2. The tendering procedure shall take place in the to tender for the mobilization of common wheat flour Kingdom of the Netherlands and shall be in respect as aid for the Republic of Sri Lanka was not allocated ; of a single lot. whereas a new invitation to tender should therefore be opened ; 3 . The goods shall be mobilized on the Commu­ Whereas examination of the state of the cereals nity market. market in the Community indicates that the criteria 4. Shipment shall be from one of the ports laid of Article 3 (3) of Council Regualtion (EEC) No down in the annex . 1693/72 should be applied, and in particular that the goods should be purchased on the Community 5 . The goods referred to in paragraph 1 shall be market ; supplied fob (that is to say the successful tenderer Whereas the proposed invitation to tender should shall place them in the hold of the ship at the port of relate to supply of the goods fob, i.e. up to the point shipment) in new cotton sacks of a maximum net at which they are placed in the hold of the ship at the capacity of 68-038 kilogrammes. port of shipment ; 6 . The following shall be printed on the sacks : Whereas the contract should be awarded to the tenderer who makes the best offer ; 'Wheat flour — Gift of the European Community'. Whereas it must be made clear who is to bear any costs which arise in the event that for reasons of force Article 2 majeure the operation in question is not completed within the time stipulated ; 1 . The award of the contract shall take place on 15 February 1974 . Whereas provision should be made for security to be given to guarantee fulfilment of obligations arising by 2. The closing date for submission of tenders shall virtue of participation in the invitation to tender for be 15 February 1974 at 12 noon . the supply of goods to the Republic of Sri Lanka ; 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 . (3) OJ No L 178 , 5 . 8 . 1972, p. 3 . Communities not less than 9 days before the closing («) OJ No L 339, 8 . 12. 1973 , p. 21 . date for submission of tenders .

No L 29/ 18 Official Journal of the European Communities 2. 2 . 74

Article 3 — ash content : 0-52 % maximum on the dry matter. The contract shall be awarded to the tenderer who If the goods referred to in Article 1 do not meet the offers the most favourable terms. If it appears, foregoing requirements they shall be rejected and the however, that the tenders submitted do not reflect successful tenderer shall be owner thereof. normal market prices and rates, the intervention 2. Tenders for supply to the Republic of Sri Lanka agency may cancel the invitation to tender. of the goods referred to in Article 1 must relate to products with the following characteristics : Article 4 Common wheat flour : If, because of delay in the provision of ships for — moisture content : 1 5 % maximum, effecting transport by sea, the successful tenderer is — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ unable to deliver the goods fob on the date fixed in lated on the dry matter), the notice of invitation to tender, the costs resulting — ash content : 0-52 % maximum on the dry matter. from such delay shall be borne by the intervention agency. Article 7 Article 5 1 . The intervention agency of the Kingdom of the Netherlands shall be responsible for organizing the 1 . The successful tenderer shall give security in an invitation to tender provided for by this Regulation. amount of 10 units of account per metric ton of 2. It shall forthwith communicate to the Commis­ goods ; the purpose of such security is to guarantee performance of the operation specified in Articles 1 sion the list of firms which have responded to the invi­ and 6. The security shall be forfeit if those operations tation to tender, specifying the terms of each tender, are not carried out within the time stipulated, save as together with the name and business name of the regards quantities not delivered for reasons of force successful tenderer. majeure. 3 . The intervention agency shall request the 2. The security referred to in paragraph 1 may be successful tenderer to supply the following informa­ tion : given in the form of a cash deposit or of a guarantee issued by a credit institution which satisfies the (a) After each shipment a certificate showing the quan­ criteria laid down by each Member State . tities dispatched and the quality of the products ; (b) The date of departure of the ships. Article 6 The information indicated above shall be forwarded 1 . The goods referred to in Article 1 which are to by the intervention agency to the Commission imme­ be supplied to the Republic of Sri Lanka must meet diately upon receipt. the following requirements : Common wheat flour : Article 8 — moisture content : 1 5 % maximum , This Regulation shall enter into force on the day of its — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ publication in the Official Journal of the European lated on the dry 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

2 . 2 . 74 Official Journal of the European Communities No L 29/ 19

ANNEX

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

1 Atlantic port Customs of the port 3 311