31974R0606

No L 73/24 Official Journal of the European Communities 16 . 3 . 74

REGULATION (EEC) No 606/74 OF THE COMMISSION of 15 March 1974 opening a new invitation to tender for the mobilization of common wheat flour as food aid for the Malagasy Republic

THE COMMISSION OF THE EUROPEAN tions arising by virtue of participation in the invita­ COMMUNITIES , tion to tender for supplies to the Malagasy Republic will be fulfilled ; Having regard to the Treaty establishing the European Economic Community ; Whereas the French intervention agency should be made responsible for the tendering procedure ; Having regard to Council Regulation No 120/ 67/EEC ( J ) of 13 June 1967 on the common organiza­ Whereas the Commission must be informed quickly tion of the market in cereals, as last amended by Regu­ of the tenders submitted in response to the invitation lation (EEC) No 1346/ 73 (2) ; and of those accepted by the intervention agency ; Having regard to Council Regulation (EEC) No Whereas the measures provided for in this Regulation 1 693/72 (3) of 3 August 1972 laying down the condi­ tions for the mobilization of cereals as food aid , and are in accordance with the Opinion of the Manage­ ment Committee for Cereals, in particular Article 6 thereof ;

Whereas on 14 May 1973 the Council of the Euro­ pean Communities declared that it proposed, by way HAS ADOPTED THIS REGULATION : of Community action, to grant the equivalent of 5 000 metric tons of common wheat (in other words 3 311 metric tons of common wheat flour) to the Malagasy Article 1 Republic under its 1972/73 food aid programme ;

Whereas the invitation to tender opened in the 1 . Tenders are hereby invited for the supply to the Community under Commission Regulation (EEC) No Malagasy Republic, by way of Community action , of 287/74 (4) of 1 February 1974 opening an invitation to 3 311 metric tons of common wheat flour . tender for the mobilization of common wheat flour as aid for the Malagasy Republic was not allocated ; 2. The tendering procedure shall take place in whereas a new invitation to tender should therefore be France in one lot. The product shall be mobilized on opened ; the Community market. The products shall be loaded for departure from a Community port. Whereas analysis of the state of the Community cereals market indicates that the criteria of Article 3 3 . The invitation to tender provided for in para­ (3) of Council Regulation (EEC) No 1693/72 should graph 1 is for supply of products delivered cif, that is be applied and that the product should be purchased at the moment when the goods are actually removed on the Community market ; from the ship's hold at the port of unloading. Whereas the proposed invitation to tender should be The recipient country shall bear all costs subsequent for supply of the products delivered cif, that is at the to delivery of the goods, including unloading costs moment when the goods are actually removed from (such as unstowing, hoisting and reception) and any the ship's hold at the port of unloading ; lighterage costs . Whereas the award under the invitation to tender must be made in favour of the tenderer offering the Any demurrage costs or dispatch money at the port of best terms ; unloading shall be a charge on or for the benefit of the recipient country. The rates and detailed arrange­ Whereas, should force majeure make it impossible to ments relating thereto laid down in the contract complete the operation in question within the time between the authorized agent of the Community and limits specified, it must be made clear who is to bear the carrier must have been agreed upon in advance by the liability for any resulting costs ; the authorized agent and the receiving agent of the recipient country. Whereas provision should be made for security to be given for the purpose of guaranteeing that the obliga­ 4. The sucessful tenderer shall deliver the product specified in paragraph 1 cif to the port listed in the (>) JO No 117, 19 . 6. 1967, p. 2269 /67. Annex in new polyester sacks lined with Kraft paper (2) OJ No L 141 , 28 . 5 . 1973, p . 8 . (3) OJ No L 178 , 5 . 8 . 1972, p . 3 . with three pleats, having a net capacity of 50 kilo­ (4) OJ No L 29, 2 . 2. 1974, p . 14. grammes .

16 . 3 . 74 Official Journal of the European Communities No L 73/25

The following shall be printed on the sacks : — Ash content : 0-52 % maximum referred to dry matter . ' Farine de froment — Don de la Communauté écono­ mique européenne'. Flour not meeting these requirements shall be refused . Artide 2 2. Tenders for supply to the Malagasy Republic of 1 . The decision on tenders received in response to the common wheat flour referred to in Article 1 must the invitation provided for in Article 1 shall be taken relate to a product with the following characteristics : on 29 March 1974 . — Moisture : 12 % maximum ; 2. The closing date for the submission of tenders shall be 29 March 1974 at 12 noon . — Protein content : 10-5 % minimum (N x 6-25 on dry matter) ; 3 . The notice of invitation to tender shall be — Ash content : 0-52 % maximum referred to dry published in the Official Journal of the European matter . Communities not less than nine days before the closing date for the submission of tenders. Article 6 Article 3 1 . The French intervention agency shall be respon­ The contract shall be awarded to the tenderer offering sible for the operations relating to the invitation to the best terms . However, if the tenders submitted do tender provided for by this Regulation . not appear to correspond to normal market prices and 2. It shall forthwith communicate to the Commis­ costs, the intervention agency may cancel the invita­ tion to tender. sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, Article 4 together with the name and business name of the successful tenderer. 1 . The successful tenderer shall give security of a value of 10 units of account per metric ton ; the secu­ 3 . The intervention agency shall ask that the tenderer specifies the following information : rity is intended to guarantee that the operations speci­ fied in Article 1 are duly completed . The security (a) after each shipment, a statement giving details of shall be forfeit if those operations are not carried out the quantities loaded, the quality of the products within the prescribed time limit, save as regards quan­ and their packaging ; tities not delivered owing to force majeure. (b) the date of the departure of the ships, the expected 2. The security provided for in paragraph 1 may be date of arrival of the products at their destination ; given in the form of a cash deposit or of a guarantee (c) all possible contingencies which might occur issued by a credit institution conforming to the during transportation of the products. criteria laid down by the Member State . The intervention agency shall transmit the informa­ Article 5 tion provided for to the Commission as soon as it is received . 1 . The common wheat flour referred to in Article 1 to be supplied to the Malagasy Republic must meet Article 7 the following requirements : — Moisture : 12% maximum ; This Regulation shall enter into force on the day of its — Protein content : 10-5 % minimum (N x 6-25 on publication in the Official Journal of the European dry matter) ; Communities.

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

Done at Brussels, 15 March 1974 . For the Commission The President Francois-Xavier ORTOLI

No L 73 /26 Official Journal of the European Communities 16 . 3 . 74

ANNEX

Number of lot Port of unloading Minimum rate of unloading Tonnage cif

1 Tamatave Customs of the port 3 311 metric tons