31974R0453

No L 51 / 20 Official Journal of the European Communities 23 . 2 . 74

REGULATION ( EEC) No 453/74 OF THE COMMISSION of 22 February 1974 opening a invitation to tender for the mobilization of common wheat flour as aid for the Republic of Sri Lanka

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

Having regard to the Treaty establishing the European Whereas the Dutch intervention agency should be Economic Community ; made responsible for organizing the invitation to tender ; Having regard to Council Regulation No 120 / 67/ EEC ( J ) 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 1 346/73 (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 14 May 1973 the Council of the Euro­ 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 HAS ADOPTED THIS REGULATION : common wheat, in the form of flour, i.e. 6 623 metric tons of common wheat flour, under its 1972/73 food­ Article 1 aid programme ;

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 3 311 metric tons of common wheat 288/74 (4) of 1 February 1974 opening an invitation to flour to the Republic of Sri Lanka by way of Commu­ tender for the mobilization of common wheat flour as nity food-aid action . aid for the Republic of Sri Lanka was not allocated ; whereas a new invitation to tender should therefore be 2. The tendering procedure shall take place in the opened ; Kingdom of the Netherlands and shall be in respect of a single lot. Whereas examination of the state of the cereals market in the Community indicates that the criteria 3 . The goods shall be mobilized on the Commu­ of Article 3 (3) of Council Regulation (EEC) No nity market. 1693/72 should be applied, and in particular that the goods should be purchased on the Community 4. Shipment shall be from one of the ports laid market ; down in the Annex . Whereas the proposed invitation to tender should 5. The good referred to in paragraph 1 shall be 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 supplied fob (that is to say the successful tenderer port of shipment ; shall place them in the hold of the ship at the port of shipment) in new cotton sacks of a maximum net Whereas the contract should be awarded to the capacity of 68-038 kilogrammes. 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 8 March 1974 . (M OJ No 117, 19 . 6 . 1967, p . 2269/ 67 . (2) OJ No L 141 , 28 . 5 . 1973 , p . 8 . P) OJ No L 178 , 5. 8 . 1972, p. 3 . 2 . The closing date for submission of tenders shall («) OJ No L 29 , 2. 2. 1974, p . 17. be 8 March 1974 at 12 noon .

23 . 2 . 74 Official Journal of the European Communities No L 51 /21

3 . The notice of invitation to tender shall be — ash content : 0-52 % maximum on the dry matter. published in the Official Journal of the European If the goods referred to in Article 1 do not meet the Communities not less than nine days before the foregoing requirements they shall be rejected and the closing date for submission of tenders. successful tenderer shall be owner thereof. Article 3 2. Tenders for supply to the Republic of Sri Lanka The contract shall be awarded to the tenderer who of the goods referred to in Article 1 must relate to offers the most favourable terms. If it appears, products with the following characteristics : however, that the tenders submitted do not reflect Common wheat flour : normal market prices and rates, the intervention agency may cancel the invitation to tender. — moisture content : 1 5 % maximum ,

— acidity : 4 ml NaOH/n maximum per 100 g (calcu­ Article 4 lated on the dry matter), If, because of delay in the provision of ships for — ash content : 0-52 % maximum on the dry matter. effecting transport by sea, the successful tenderer is 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 intervention agency of the Kingdom of the Netherlands shall be responsible for organizing the Article 5 invitation to tender provided 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 Republic of Sri Lanka must meet 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, 22 February 1974. For the Commission The President Francois-Xavier ORTOLI

No L 51 /22 Official Journal of the European Communities 23 . 2. 74

ANNEX

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

. Port of the Atlantic, the 1 Customs of the port 3 311 metric tons Channel or the North Sea