31974R0452

23 . 2 . 74 Official Journal of the European Communities No L 51 / 17

REGULATION (EEC) No 452/74 OF THE COMMISSION of 22 February 1974 opening an invitation to tender for the mobilization of common wheat flour as aid for the Island of Mauritius

THE COMMISSION OF THE EUROPEAN response to the invitation and of those accepted by COMMUNITIES, the intervention agency ;

Having regard to the Treaty establishing the European Whereas the measures provided for in this Regulation Economic Community ; are in accordance with the Opinion of the Manage­ ment Committee for Cereals, Having regard to Council Regulation No 120/ 67/EEC (^ of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ lation (EEC) No 1346/73 (2); HAS ADOPTED THIS REGULATION :

Having regard to Council Regulation (EEC) No 1 693/72 (3) of 3 August 1972 establishing the criteria Article 1 for the mobilization of cereals to.be used as food aid , and in particular Article 6 thereof ; 1 . An invitation to tender shall be issued in respect of the supply of 2 500 metric tons of common wheat Whereas on 14 May 1973 the Council of the Euro­ flour to the Island of Mauritius by way of Community pean Communities declared that by way of Commu­ food-aid action . nity action it proposed to grant to the Island of Mauri­ tius the equivalent of 12 000 metric tons of common 2. The tendering procedure shall take place in wheat, in the form of flour, i.e. 7 947 metric tons of France and shall be in respect of one lot. common wheat flour, under its 1972/73 food-aid programme ; 3 . The goods shall be mobilized on the Commu­ nity market. Whereas examination of the state of the cereals market in the Community indicates that the criteria 4. Shipment shall be from one of the ports laid of Article 3 (3) of Council Regulation (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 shall place them in the hold of the ship at the port of Whereas the proposed invitation to tender should shipment) in jute sacks of a maximum net capacity of relate to supply of the goods fob, i.e. up to the point 67 kilogrammes . at which they are placed in the hold of the ship at the port of shipment ; 6. The following shall be printed on the sacks : Whereas the contract should be awarded to the ' Farine de froment tendre — Don de la Communauté tenderer who makes the best offer ; économique européenne.' 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 8 March 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 8 March 1974 at 12 noon . the supply of goods to the Island of Mauritius. 3 . The notice of invitation to tender shall be Whereas the French intervention agency should be published in the Official Journal of the European made responsible for organizing the invitation to tender ; Communities not less than nine days before the closing date for submission of tenders. Whereas it is important that the Commission be informed without delay of the tenders submitted in Article 3 (•) OJ No 117, 19 . 6 . 1967, p . 2269/67 . The contract shall be awarded to the tenderer who 0 OJ No L 141 , 28 . 5 . 1973, p. 8 . (3) OJ No L 178 , 5 . 8 . 1972, p. 3 . offers the most favourable terms. If it appears,

No L 51 / 18 Official Journal of the European Communities 23 . 2. 74

however, that the tenders submitted do not reflect 2. Tenders for supply to the Island of Mauritius of normal market prices and rates, the intervention the goods referred to in Article 1 must relate to agency may cancel the invitation to tender. products with the following characteristics :

Common wheat flour : Article 4 "— moisture content : 1 5 % maximum, If, because of delay in the provision of ships for 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 from such delay shall be borne by the intervention — ash content : 0-52 % maximum on the dry matter. agency .

Article5¶

1 . The successful tenderer shall give security in an 1 . French intervention agency shall be responsible amount of 10 units of account per metric ton of for organizing the invitation to tender provided for by goods ; the purpose of such security is to guarantee this Regulation . performance of the operations specified in Articles 1 and 6. The security shall be forfeit if those operations 2. It shall forthwith communicate to the Commis­ are not carried out within the time stipulated, save as sion the list of firms which have responded to the invi­ regards quantities not delivered for reasons force tation to tender, specifying the terms of each tender, majeure. together with the name and business name of the successful tenderer. 2. The security referred to in paragraph 1 may be given in the form of a cash deposit or of a guarantee 3 . The intervention agency shall request the issued by a credit institution which satisfies the criteria laid down by each Member State. successful tenderer to supply the following informa­ tion : Article 6 (a) After each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; 1 . The goods referred to in Article 1 which are to be supplied to the Island of Mauritius must meet the (b) The date of departure of the ships. following requirements : The information indicated above shall be forwarded Common wheat flour : by the intervention agency to the Commission imme­ — moisture content : 1 5 % maximum , diately upon receipt. — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ lated on the dry matter), Article 8 — ash content : 0-52 % maximum on the dry matter. If the goods referred to in Article 1 do not meet the This Regulation shall enter into force on the day of its foregoing requirements they shall be rejected and the publication in the Official Journal of the European successful tenderer shall be owner thereof. Communities.

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

Done at Brussels, 22 February 1974. For the Commission

The President Francois-Xavier ORTOLI

2.3 . 2 . 74 Official Journal of the European Communities No L 51 / 19

ANNEX

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

1 Rouen and /or Bordeaux Customs of the pórt 2 500 metric tons