31974R1178

No L 129 / 14 Official Journal of the European Communities 11 . 5 . 74

REGULATION ( EEC) No 1178 / 74 OF THE COMMISSION of 10 May 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 ( l ) of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ lation ( EEC) No 1346/ 73 P ); 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 5 447 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 procedure shall take place in France and wheat, in the form of flour, i.e. 7 947 metric tons of shall be in respect of two lots . 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 communaute tenderer who makes the best offer ; economique europeenne '. 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 27 May 1 974 . Whereas provision should be made for security to be given to guarantee fulfilment of the obligations arising 2 . The closing date for submission of tenders shall by virtue of participation in the invitation to tender be 27 May 1974 at 12 noon . for 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 (^) 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

11 . 5 . 74 Official Journal of the European Communities No L 129 / 15

however, that the tenders submitted do not reflect — ash content : 0-52 % maximum on the dry matter. normal market prices and rates, the intervention agency may cancel the invitation to tender. Article 7 Article 4 If, because of delay in the provision of ships for 1 . The French intervention agency shall be respon­ effecting transport by sea, the successful tenderer is sible for organizing the invitation to tender provided unable to deliver the goods fob on the date fixed in for by this Regulation . the notice of invitation to tender, the costs resulting from such delay shall be borne by the intervention 2 . It shall forthwith communicate to the Commis­ agency . sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, Article 5 together with the name and business name of the successful tenderer . 1 . The successful tenderer shall give security in an amount of 10 units of account per metric ton of 3 . On the other hand, if the successful tenderer is goods ; the purpose of such . security is to guarantee established in a Member State other than the one performance of the operations specified in Articles 1 collecting the tenders, and if the product is and 6. The security shall be forfeit if those operations despatched through a frontier post of the Member are not carried out within the time stipulated, save as State where the successful tenderer is established, the regards quantities not delivered for reasons of force intervention agency of the latter Member State shall mafen re. be responsible for the operations relating to the tender­ 2. The security referred to in paragraph 1 may be ing. given in the form of a cash deposit or of a guarantee issued by a credit institution which satisfies the In this case, the intervention agency choosing the criteria laid down by each Member State . successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and Article 6 shall supply it with all the information which it may 1 . The goods referred to in Article 1 which are to require . be supplied to the Island of Mauritius must meet the following requirements : 4. The intervention agency shall request the Common wheat flour : successful tenderer to supply the following informa­ tion : — moisture content : 15% maximum , — acidity : 4 ml Na OH/n maximum per 100 g (a) After each shipment a certificate showing the quan­ (calculated on the dry matter), tities despatched and the quality of the products ; — ash content : 0-52 % maximum on the dry matter. (b) The date of departure of the ships. If the goods referred to in Article 1 do not meet the The information indicated above shall be forwarded foregoing requirements they shall be rejected and the successful tenderer shall be owner thereof . by the intervention agency to the Commission imme­ diately upon receipt . 2 . Tenders for supply to the Island of Mauritius of the goods referred to in Article 1 must relate to products with the following characteristics : Article 8 Common wheat flour : — moisture content : 15% maximum , This Regulation shall enter into force on the day of its — acidity : 4 ml Na OH / n maximum per 100 g publication in the Official Journal of the European (calculated on the dry matter), Communities.

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

Done at Brussels, 10 May 1974 . For the Commission The President Francois-Xavier ORTOL1

No L 129/ 16 Official Journal of the European Communities 11 . 5 . 74

ANNEX

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

1 2 500 metric tons > Rouen and/or Bordeaux Customs of the port 2 2 947 metric tons )