31974R1668

29 . 6 . 74 Official Journal of the European Communities No L 175/ 67

REGULATION ( EEC) No 1668 /74 OF THE COMMISSION of 28 June 1974 opening a new invitation to tender for the mobilization of common wheat flour as food aid for the United Nations Relief and Works Agency for Palestine (UNRWA)

THE COMMISSION OF THE EUROPEAN tion to tender for supplies to UNRWA will be ful­ COMMUNITIES, filled ;

Having regard to the Treaty establishing the European Whereas the Italian intervention agency should, in Economic Community ; any event, be made responsible for the tendering procedure ; Having regard to Council Regulation No 120 /67/ EEC (') of 13 June 1967 on the common organization Whereas the Commission must be informed quickly of the market in cereals, as last amended by Regula­ of the tenders submitted in response to the invitation tion (EEC) No 1 1 25/74 (2) ; and of those accepted by the intervention agency ; Having regard to Council Regulation (EEC) No Whereas the measures provided for in this Regulation 1693/72 (3) of 3 August 1972 laying down the condi­ are in accordance with the Opinion of the Manage­ tions for the mobilization of cereals , as food aid , and ment Committed for Cereals , in particular Article 6 thereof ;

Whereas on 23 May 1972 and 19 December 1972 the Council of the European Communities declared that HAS ADOPTED THIS REGULATION : it proposed, by way of Community action , to grant the equivalent of 13 129 metric tons and 4 636 metric tons of common wheat ( in other words 1 1 765 metric Article 1 tons of common wheat flour) to UNRWA under its 1971 /72 food aid programme ; 1 . Tenders are hereby invited for the supply to UNRWA by way of Community action , of 5 465 Whereas the invitation to tender opened in the metric tons of common wheat flour. Community under Commission Regulation ( EEC) No 1293/73 (4) of 15 May 1973 opening an invitation to 2. The tendering procedure shall take place in Italy tender for the mobilization of common wheat flour as in one lot. The product shall be mobilized on the aid for the UNRWA was not all executed ; whereas a Community market. The products shall be loaded for new invitation to tender should therefore be opened ; departure from a Community port.

Whereas analysis of the state of the Community 3 . The invitation to tender provided for in para­ cereals market indicates that the criteria of Article 3 graph 1 is for supply of products delivered cif, that is (3) of Council Regulation ( EEC) No 1693/72 should to say, actually placed on the quay of the port of be applied and that the product should be purchased Ashdod . on the Community market ; 4. The successful tenderer shall deliver the product Whereas the proposed invitation to tender should be specified in paragraph 1 cif in new jute sacks of a net for supply of the products cif, that is to say, actually capacity of 50 kilogrammes. placed on the quay at the port of unloading ; Whereas the award under the invitation to tender The following shall be printed on the sacks : must be made to the tenderer offering the best terms ; 'Wheat' flour — gift of the European Community .' Whereas, should force majeure make it impossible to complete the operation in question within the time Article 2 limits specified , it must be made clear who is to bear the liability for any resulting costs ; 1 . The decision on tenders received in response to. the invitation provided for in Article 1 shall be taken Whereas provision should be made for security to be on 1 2 July 1 974 . given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ 2. The closing date for the submission of tenders shall be 12 July 1974 at 12 noon . (') OJ No 117 , 19 . 6 . 1967 , p. 2269 /67 . (*) OJ No L 128 , 10 . 5 . 1974, p. 12 . 3 . The notice of invitation to tender shall be (>) OJ No L 17 «, 5 . 8 . 1972, p. 3 . b) OJ No L 131 , 18 . 5. 1973, p. 26. published in the Official Journal of the European

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No L 175/ 68 Official Journal of the European Communities 29 . 6 . 74

Com in unities not less than nine days before the — Ash content : 0-52 % maximum referred to dry closing date for the submission of tenders . matter .

A rticle 3 Article 6

The contract shall be awarded to the tenderer offering 1 . ; The Italian intervention agency shall be respon­ the best terms . sible for the operations relating to the invitations to tender provided for by this Regulation . However, if the tenders submitted do not appear to correspond to normal market prices and costs, the 2 . It shall forthwith communicate to the Commis­ intervention agency may cancel the invitation to sion the list of firms which have responded to the invi­ tender. tation to tender, specifying the terms of each tender, together with the name and business name of the Article 4 successful tenderer.

1 . The successful tenderer shall give security of a 3 . On the other hand , if the successful tenderer is value of 10 units of account per metric ton ; the secu­ established in a Member State other than the one rity is intended to guarantee that the operations speci­ collecting the tenders, and if the product is dispatched fied in Article 1 are duly completed . The security through a frontier post of the Member State where the shall be forfeit if those operations are not carried out successful tenderer is established , the intervention within the prescribed time limit, save as regards quan­ agency of the latter Member State shall be responsible tities not delivered owing to force majeure. for the operations relating to the tendering. 2. The security provided for in paragraph 1 may be In this case, the intervention agency choosing the given in the form of a cash deposit or of a guarantee successful tenderer shall immediately inform the inter­ issued by a credit institution conforming to the vention agency of the Member State concerned and criteria laid down by the Member State . shall supply it with all the information which it may require . . Article 5 4 . The intervention agency shall ask that the 1 . The common wheat flour referred to in Article 1 tenderer specifies the following information : to be supplied to UNRWA must meet the following (a) after each shipment, a statement giving details of requirements : the quantities loaded, the quality of the . products — Moisture : 14% maximum ; and their packaging ; — Protein content : 10-5% minimum (N x 6-25 on (b) the date of the departure of the ships, the expected dry matter) ; date of arrival of the products at their destination ; — Ash content : 0-52 % maximum referred to dry (c) all possible contingencies which might occur matter . during transportation of the products . Flour not meeting these requirements shall be re­ The intervention agency shall transmit the informa­ fused . tion provided for to th£ Commission as soon as it is received . 1 2. Tenders for supply to UNRWA of the common wheat flour referred to in Article 1 must relate to a product with the following characteristics : A rticle 7 — Moisture : 14% 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, 28 June 1974. For the Commission

The President Francois-Xavier ORTOLI