31974R2169

20 . 8 . 74 Official Journal of the European Communities No L 229 / 5

REGULATION ( EEC) No 2169/ 74 OF THE COMMISSION of 14 August 1974 opening an 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 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 1 996/ 74 (-); Article 1

Having regard to Council Regulation ( EEC) No 1 . Tenders are hereby invited for the supply to 1 693 /72 (') of 3 August 1972 laying down the condi­ UNRWA, by way of Community action , of 13 117 tions for the mobilization of cereals as food aid , and metric tons of common wheat flour . in particular Article 6 thereof ; Whereas on 21 March 1974 the Council of the Euro­ 2 . The tendering procedure shall take place in pean Communities declared that it proposed , by way France in two lots . The product shall be mobilized on of Community action , to grant the equivalent of the Community market . The product shall be loaded 19 807 metric tons of common wheat ( in other words for departure from a Community port. 13 117 metric tons of common wheat flour) to UNRWA under its 1973 / 74 food aid programme ; 3 . The invitation to tender provided for in para­ graph 1 is for supply of products delivered cif, that is Whereas analysis of the state of the Community to say, actually placed on the quay in one of the ports cereals market indicates that the criteria of Article 3 of unloading listed in Annex . (3) of Council Regulation ( EEC) No 1693/ 72 should be applied and that the product should be purchased 4 . The successful tenderer shall deliver the on the Community market ; products specified in paragraph 1 cif to one of the ports listed in the Annex in new jute sacks of a net Whereas the proposed invitation to tender should be capacity of 50 kilogrammes. for supply of the products cif, that is to say, actually placed on the quay at the port of unloading ; The following shall be printed on the sacks : Whereas the award under the invitation to tender 'Wheat Flour — gift of the European Economic must be made to the tenderer offering the best terms ; Com munity'. 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 Whereas provision should be made for security to be the invitation provided for in Article 1 shall be taken given for the purpose of guaranteeing that the obliga­ on 2 September 1974 . tions arising by virtue of participation in the invita­ tion to tender for supplies to UNRWA will be ful­ 2 . The closing date for submission of tenders shall filled ; be 2 September 1974 at 12 noon .

Whereas the intervention agency of France should be 3 . The notice of invitation to tender shall be made responsible for the tendering procedure in ques­ published in the Officii ! / Journal of the linrojuan tion ; ('.(immunitiesnot less than nine days before the Whereas the Commission must be informed quickly closing date for submission of tenders . of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Articli 3 (') O ) No 117 , 19 . 6 . 1967 , p. 2269 /67 . (-) O'l No L 209, ?|. 7. 1974, p. 1 . The contract shall be awarded to the tenderer offering ('•) O'l No L 1 78 , 5 . 8 . 1972, p. 3 . the best terms .

No L 229/ 6 Official Journal of the European Communities 20 . 8 . 74

However, it the tenders submitted do not appear to Article 6 correspond to normal market prices and costs, the 1 . The French intervention agency shall be respon­ intervention agency may cancel the invitation to sible for operations relating to the invitation to tender tender . provided for by this Regulation . 2 . It shall forthwith communicate to the Commis­ Article 4 sion the list of firms which have responded to the invi­ 1 . The successful tenderer shall give security of a tation to tender, specifying the terms of each tender, value of 10 units of account per metric ton ; the secu­ together with the name and business name of the rity is intended to guarantee that the operations speci­ successful tenderer . fied in Article 1 are duly completed . The security 3 . On the other hand , if the successful tenderer is shall be forfeit if those operations are not carried out established in a Member State other than the one within the prescribed time limit, save as regards quan­ collecting the tenders, and if the product is dispatched tities not delivered owing to force majeure. through a frontier post of the Member State where the successful tenderer is established , the intervention 2. The security provided for in paragraph 1 may be agency of the latter Member State shall be responsible given in the form of a cash deposit or of a guarantee issued by a credit institution conforming to the for the operations relating to the tendering. criteria laid down by the Member State . In this case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ Article 5 vention agency of the Member State concerned and shall supply it with all the information which it may 1 . The common wheat flour referred to in Article 1 require . to be supplied to UNRWA must meet the following 4 . The intervention agency shall request the requirements : successful tenderer to supply the following informa­ — Moisture : 14% maximum ; tion : — Protein content : 10-5% minimum (N x 6-25 on (a) after each shipment, a certificate showing the quan­ dry matter) ; tities dispatched , the quality of the products and — Ash content : 0-52 % maximum referred to dry their packaging ; matter . (b) the date of the departure of the ships , the expected date of arrival of the products at their destination ; Flour not meeting these requirements shall be refused . (c) all possible contingencies which might occur during transportation of the products . 2 . Tenders for supply to UNRWA of the common The information indicated above shall be forwarded wheat flour referred to in Article 1 must relate to a by the intervention agency to the Commission imme­ product with the following characteristics : diately upon receipt . — Moisture : 14% maximum ; Article 7 — Protein content : 10-.S % 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 lutropeitn matter . ('.(immunities.

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

Done at Brussels , 14 August 1974 . /■'or the (, om m lesion I he I'ri Milcul

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20 . 8 . 74 Official Journal of the European Communities No L 229/7

ANNEX

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

1 Beirut 8 257 Customs of the port 2 Ashdod 4 860