31974R1179

11 . 5 . 74 Official Journal of the European Communities No L 129/ 17

REGULATION ( EEC) No 1179/74 OF THE COMMISSION of 10 May 1974 opening an invitation to tender for the mobilization of common wheat flour as aid for the Arab Republic of Syria

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 (') of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ HAS ADOPTED THIS REGULATION : lation (EEC) No 1 346/73 (2);

Having regard to Council Regulation (EEC) No Article 1 1 693/72 (3) of 3 August 1972 establishing the criteria for the mobilization of cereals to be used as food aid , 1 . An invitation to tender shall be issued in respect and in particular Article 6 thereof ; of the supply of 14 570 metric tons of common wheat Whereas on 23 May 1972 and on 14 May 1973 the flour to the Arab Republic of Syria by way of Commu­ Council of the European Communities declared that nity food-aid action . by way of Community action it proposed to grant to the Arab Republic of Syria the equivalent of 22 000 2. The tendering procedure shall take place in metric tons of common wheat, in the form of flour, France and shall be in respect of one lot. i.e. 14 570 metric tons of common wheat flour, under 3 . The goods shall be mobilized on the Commu­ its 1971 /72 and 1972/73 food-aid programmes ; nity market. Whereas examination of the state of the cereals market in the Community indicates that the criteria 4. Shipment shall be from one port of the Commu­ nity. of Article 3 (3) of Council Regulation (EEC) No 1693/72 should be applied, and in particular that the 5. The goods referred to in paragraph 1 shall be goods should be purchased on the Community supplied fob (that is to say the successful tenderer market ; shall place them in the hold of the ship at the port of Whereas the proposed invitation to tender should shipment) in cotton and/or polyester sacks of a relate to supply of the goods fob, i.e. up to the point maximum net capacity of 50 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 :

' Farine de froment — don de la communaute econo­ Whereas the contract should be awarded to the tenderer who makes the best offer ; mique europeenne'.

Whereas it must be made clear who is to bear any Article 2 costs which arise in the event that for reasons of force majeure the operation in question is not completed 1 . The award of the contract shall take place on 27 within the time stipulated ; May 1974 . Whereas provision should be made for security to be 2. The closing date for submission of tenders shall given to guarantee fulfilment of obligations arising by be 27 May 1974 at 12 noon . virtue of participation in the invitation to tender for the supply of goods to the Arab Republic of Syria ; 3 . The notice of invitation to tender shall be Whereas the French intervention agency should in published in the Official Journal of the European any event be made responsible for organizing the invi­ Communities not less than nine days before the tation to tender ; closing date for submission of tenders.

Whereas it is important that the Commission be Article 3 informed without delay of the tenders submitted in

The contract shall be awarded to the tenderer who (!) OJ No 117, 19 . 6 . 1967, p. 2269/67. (2) OJ No L 141 , 28 . 5 . 1973, p. 8 . offers the most favourable terms . If it appears, I3) OJ No L 178, 5. 8 . 1972, p. 3 . however, that the tenders submitted do not reflect

No L 129 / 18 Official Journal of the European Communities 11 . 5 . 74

normal market prices and rates, the intervention — ash content : 0-52 % maximum on the dry matter. agency may cancel the invitation to tender.

Article4¶

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 Article 5 tation to tender, specifying the terms of each tender, together with the name and business name of the 1 . The successful tenderer shall give security in an successful tenderer . amount of 10 units of account per metric ton of goods ; the purpose of such security is to guarantee 3 . On the other hand , if the successful tenderer is performance of the operations specified in Articles 1 established in a Member State other than the one and 6 . The security shall be forfeit if those operations collecting the tenders, and if the product is are not carried out within the time stipulated , save as despatched through a frontier post of the Member regards quantities not delivered for reasons of force State where the successful tenderer is established , the majeure. intervention agency of the latter Member State shall 2. The security referred to in paragraph 1 may be be responsible for the operations relating to the given in the form of a cash deposit or of a guarantee tendering. issued by a credit institution which satisfies the criteria laid down by each Member State. In this case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ Article 6 vention agency of the Member State concerned and 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 Arab Republic of Syria 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 NaOH maximum per 100 g (calcu­ (a) After each shipment a certificate showing the quan­ lated 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 foregoing requirements they shall be rejected and the The information indicated above shall be forwarded successful tenderer shall be owner thereof . by the intervention agency to the Commission imme­ diately upon receipt. 2. Tenders for supply to the Arab Republic of Syria of the goods referred to in Article I must relate to products with the following characteristics : Article H Common wheat flour : — moisture content : 15% 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 Officiiil Journal of the /•'urojn'iin lated on the dry matter), (.(immunities.

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

Done at Brussels , 10 May 1974 . lor the C.unnnisMon 'I'he I'roiilent I ■ ni M co i s - X;ivkt ORTOI.I