31974R0889

No L 104/ 16 Official Journal of the European Communities 17 . 4 . 74

REGULATION ( EEC) No 889/ 74 OF THE COMMISSION of 16 April 1974 opening an invitation to tender for the mobilization of common wheat and common wheat flour as aid for the Republic of the Philippines

THE COMMISSION OF THE EUROPEAN Whereas the Commission must be informed quickly COMMUNITIES , of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to the Treaty establishing the European Economic Community ; Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ Having regard to Council Regulation No 120/ ment Committee for Cereals , 67/ EEC (') of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ lation ( EEC) No 1 346 / 73 (2 ) ; HAS ADOPTED THIS REGULATION : Having regard to Council Regulation ( EEC) No 1693/72 (3 ) of 3 August 1972 laying down the condi­ tions for the mobilization of cereals as food aid , and Article 1 in particular Article 6 thereof ; 1 . Tenders are hereby invited for the supply, by Whereas on 14 May 1973 the Council of the Euro­ way of Community food aid action , to the Republic of pean Communities declared that by way of Commu­ the Philippines of 5 000 metric tons of common nity action it proposed to grant to the Republic of the wheat and 3 311 metric tons of common wheat flour. Philippines 5 000 metric tons of common wheat and either the equivalent of 5 000 metric tons of common 2 . The tendering procedure shall take place in the wheat, or 3 311 metric tons of common wheat flour Republic of France in two lots . under the 1972/73 food aid programme ; 3 . The products shall be mobilized on the Commu­ Whereas an analysis of the state of the cereals market nity market . in the Community indicates that the criteria of Article 3 (3) of Council Regulation ( EEC) No 1693/72 should 4 . Loading shall take place for shipment from a be applied, and that the product should be bought on port of the Community . the Community market ; 5 . The common wheat is to be loaded fob , that is Whereas tenders should be invited for the supply of to say at the moment when the goods are loaded into the product fob ; that is to say at the moment when the hold of the ship in the port of loading, in bulk by the goods are loaded into the hold of the ship in the the tenderer. The common wheat flour is to be loaded port of loading ; fob, in new cotton sacks of a net capacity of 50 kg by the tenderer . Whereas the contract should be awarded to the tenderer offering the best terms . 6 . The following shall be printed on the sacks : Whereas in case it should be impossible for reasons of 'Wheat flour — Gift of the European Communities to force majeure to complete the operation in question the Republic of the Philippines'. within the set time limits , it must be made clear who is to bear any costs resulting therefrom ; Article 2 Whereas provision should be made for security to be given to guarantee fulfilment of the obligations arising 1 . The decision on tenders received in response to by virtue of participation in the invitation to tender the invitation provided for in Article 1 shall be taken for the supply of wheat to the Republic of the Philip­ on 27 April 1974 . pines ; 2. The closing date for submission of tenders shall Whereas the French intervention agency should be be 27 April 1974 at 12 noon . made responsible for the tendering procedure in ques­ tion ; 3 . The notice of invitation to tender shall be published in the Official Journal of the European (•) OJ No 117, 19 . 6 . 1967, p . 2269/67. (2) OJ No L 141 , 28 . 5 . 1973 , p . 8 . Communities not less than nine days before the (}) OJ No L 178 , 5 . 8 . 1972, p . 3 . closing date for submission of tenders .

17 . 4 . 74 Official Journal of the European Communities No L 104 / 17

Article 3 If the products do not meet one of the above require­ ments they shall be rejected and shall become the The contract shall be awarded to the tenderer who property of the tenderer. makes the most favourable offer. 2. Tenders for the supply to the Republic of the However, if the tenders submitted do not appear to Philippines of products referred to in Article 1 must reflect normal market prices and costs , the interven­ relate to flour with the following characteristics : tion agency may cancel the invitation to tender. Common wheat :

Article 4 must be of fair and sound merchantable quality and correspond at least to the standard quality for which the intervention price is fixed, except that the If the tenderer is unable to load the product fob on humidity shall not exceed 15.5 % and that a the date given in the notice of invitation to tender as a maximum tolerance of 3 % of sprouted grains and result of the late availability of the vessels to be used 1.5 % of miscellaneous impurities shall be allowed. for sea transportation , the resulting costs shall be borne by the intervention agency. Common wheat flour :

— Moisture : 12% maximum ; Article 5 — Protein content : 10.5 % minimum (N x 6.25 on 1 . The successful tenderer shall give security of a dry matter) ; value of 10 units of account per metric ton of flour and 5 units of account per metric ton of common — Ash content : 0.52 % maximum referred to dry wheat ; the security is intended to guarantee that the matter . operations specified in Articles 1 and 6 are duly completed . The security shall be forfeited if those operations are not carried out within the prescribed Article 7 time limit, save as regards quantities not delivered owing to force majeure. 1 . The French intervention agency shall be respon­ 2 . The security required under paragraph 1 may be sible for the operations relating to the invitation to provided in the form of a cash deposit or of a tender provided for by this Regulation . guarantee issued by a credit institution conforming to criteria laid down by each Member State . 2 . It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, Article 6 together with the name and business name of the successful tenderer . 1 . The products referred to in Article 1 to be supplied to the Republic of the Philippines must 3 . The intervention agency shall request the meet the following requirements : successful tenderer to supply the following informa­ tion : Common wheat : (a) after each shipment a certificate showing the quan­ must be of fair and sound merchantable quality and tities dispatched and the quality of the products ; correspond at least to the standard quality for which the intervention price is fixed , except that the (b) the date of departure of the ships . humidity shall not exceed 15.5 % and that a maximum tolerance of 3 % of sprouted grains and The information indicated above shall be forwarded 1.5 % of miscellaneous impurities shall be allowed . by the intervention agency to the Commission imme­ diately upon receipt. Common wheat flour :

— Moisture : 12% maximum ; Article 8 — Protein content : 10.5 % minimum (N x 6.25 on dry matter) ; This Regulation shall enter into force on the day of its — Ash content : 0.52 % maximum referred to dry publication in the Official Journal of the European matter . Communities.

No L 104/ 18 Official Journal of the European Communities 17 . 4 . 74

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

Done at Brussels, 16 April 1974.

For the Commission The President

François-Xavier ORTOLI