31974R0608

16 . 3 . 74 Official Journal of the European Communities No L 73 /29

REGULATION ( EEC) No 608 /74 OF THE COMMISSION of 15 March 1974 opening an invitation to tender for the mobilization of common wheat flour as food aid for the International Committee of the Red Cross

THE COMMISSION OF THE EUROPEAN Whereas the measures provided for in this Regulation COMMUNITIES; are in accordance with the Opinion of the Manage­ ment Committee for Cereals , Having regard to the Treaty establishing the European Economic Community ;

Having regard to Council Regulation No 120/ HAS ADOPTED THIS REGULATION : 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 0 ; Article 1 Having regard to Council Regulation (EEC) No 1693/72 (3) of 3 August 1972 laying down the condi­ 1 . Tenders are hereby invited for the supply to the tions for the mobilization of cereals as food aid, and International Committee of the Red Cross, by way of in particular Article 6 thereof ; Community action, of 4 350 metric tons of common wheat flour, distributed as follows : Whereas on 14 May 1973 the Council of the Euro­ pean Communities declared that it proposed, by way — 2 800 metric tons destined for Syria (lot No 1 ), of Community action , to grant the equivalent of 6 612 — 1 000 metric tons destined for Jordan (lot No 2), metric tons of common wheat (in other words 4 350 metric tons of common wheat flour) to the Interna­ — 500 metric tons destined for U.A.R. (lot No 3), tional Committee of the Red Cross under its 1972/73 — 50 metric tons destined for North Yemen (lot No food-aid programme ; 4 -.

Whereas analysis of the state of the Community cereals market indicates that the criteria of Article 3 of 2. The tendering procedure shall take place in Belgium in four lots . The product shall be mobilized Council Regulation (EEC) No 1693/72 should be on the Community market. The products shall be applied and that the product should be purchased on loaded for departure from a Community port. the Community market ;

Whereas the proposed invitation to tender should be 3 . The invitation to tender provided for in para­ for supply of the products delivered cif, that is at the graph 1 is for supply of products delivered cif, that is moment when the goods are actually placed on the at the moment when the goods are actually placed on dock or in the lighter where applicable ; the dock or in the lighter where applicable.

Whereas the award under the invitation to tender The recipient country shall bear all costs subsequent must be made in favour of the tenderer offering the to delivery of the goods, including unloading costs best terms ; reception of the goods . Whereas, should force majeure make it impossible to Any possible demurrage costs or dispatch money at complete the operation in question within the time limits specified , it must be made clear who is to bear the port of unloading shall be a charge on or for the benefit of the International Committee of the Red the liability for any resulting costs ; Cross. The rates and detailed arrangements relating Whereas provision should be made for security to be thereto laid down in the contract between the autho­ given for the purpose of guaranteeing that the obliga­ rized agent of the Community and the carrier must tions arising by virtue of participation in the invita­ have been agreed upon in advance by the authorized tion to tender for supplies to the International agent and the receiving agent of the recipient country. Committee of the Red Cross will be fulfilled ; 4. The successful tenderer shall deliver the product Whereas the Belgian intervention agency should be specified in paragraph 1 cif to the ports listed in the made responsible for the tendering procedure ; Annex in new cotton sacks, having a net capacity of 50 kilogrammes . Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation On the sacks shall be printed a Red Cross, 15 cm by and of those accepted by the intervention agency ; 15 cm, as well as the following : 'Farine de froment — Don de la Communauté économique européenne/Ac­ (>) OJ No 117, 19 . 6 . 1967, p. 2269/67. (2) OJ No L 141 , 28 . 5 . 1973 , p . 8 . tion du Comité international de la Croix Rouge ' (lot (») OJ No L 178 , 5 . 8 . 1972, p. 3. No 1 );

No L 73 / 30 Official Journal of the European Communities 16 . 3 . 74

'Wheat flour — Gift from the European Economic — Ash content : 0-52 % maximum referred to dry Community/ Action of the International Committee matter . of the Red Cross' (lots No 2, 3 and 4). Flour not meeting these requirements shall be refused . Article 2 2. Tenders for supply to the International 1 . The decision on tenders received in response to Committee of the Red Cross of the common wheat the invitation provided in Article 1 shall be taken on 29 March 1974 . flour referred to in Article 1 must relate to a product with the following characteristics : 2 . The closing date for the submission of tenders — Moisture : 1 2 % maximum : shall be 29 March 1974 at 12 noon . — Protein content : 10-5 % minimum (N x 6-25 on 3 . The notice of invitation to tender shall be dry matter) ; published in the Official Journal of the European — Ash content : 0-52 % maximum referred to dry Communities not less than 9 days before the closing matter. date for the submission of tenders .

Article 6 Article J 1 . The Belgian 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 costs, the intervention agency may cancel the invita­ 2 . It shall forthwith communicate to the Commis­ 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 rity is intended to guarantee that the operations speci­ tenderer specifies the following information : 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 within the prescribed time limit, save as regards quan­ the quantities loaded, the quality of the products 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 International Committee of the Article 7 Red Cross must meet 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

16 . 3 . 74 Official Journal of the European Communities No L 73 /31

ANNEX

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

1 Latakia 2 800 metric tons ) 2 Akaba I 1 000 metric tons , Customs of the port 3 Alexandrie 500 metric tons 4 Hodeidah 50 metric tons J