31974R2313

10 . 9 . 74 Official Journal of the European Communities No L 247/9

REGULATION (EEC) No 2313/74 OF THE COMMISSION of 6 September 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 Whereas the intervention agency of France should be COMMUNITIES, made responsible for the tendering procedure in ques­ tion ; Having regard to the Treaty establishing the European Economic Community ; Whereas the Commission must be informed quickly Having regard to Council Regulation No 120/ of the tender submitted in response to the invitation 67/EEC (') of 13 June 1967 on the common organiza­ and of those accepted by the intervention agency ; tion of the market in cereals, as last amended by Regu­ Whereas the measures provided for in this Regulation lation (EEC) No 1996/74 (2); are in accordance with the Opinion of the Manage­ Having regard to Council Regulation (EEC) No ment Committee for Cereals, 1 693/72 (3) of 3 August 1972 laying down the condi­ tions for the mobilization of cereals as food aid, and in particular Article 6 thereof ; HAS ADOPTED THIS REGULATION : Whereas on 21 March 1974 the Council of the Euro­ pean Communities declared that it proposed, by way of Community action, to grant the equivalent of Article 1 19 807 metric tons of common wheat (in other . words 13 117 metric tons of common wheat flour) to 1 . Tenders are hereby invited for the supply to UNRWA under its 1973/74 food aid programme ; UNRWA, by way of Community action, of 13 117 metric tons of common wheat flour. Whereas the invitation to tender opened in the Community under Commission Regulation (EEC) No 2. The tendering procedure shall take place in 2169/74 (4) of 14 August 1974 opening an invitation France in two lots. The product shall be mobilized on to tender for the mobilization of common wheat flour the Community market. The product shall be . loaded as aid for the UNRWA was not allocated ; whereas a for departure from a Community port. new invitation to tender should therefore be opened ; 3 . The invitation to tender provided for in para­ Whereas analysis of the state of the Community cereals market indicates that the criteria of Article 3 graph 1 is for supply c>f products delivered cif, that is to say, actually placed on the quay in one of the ports (3) of Council Regulation (EEC) No 1693/72 should of unloading listed in the Annex. be applied and that the product should be purchased on the Community market ; 4 . The successful tenderer shall deliver the Whereas the proposed invitation to tender should be products specified in paragraph 1 cif to one of the for supply of the products cif, that is to say, actually ports listed in the Annex in new jute sacks of a net placed on the quay at the port of unloading ; capacity of 50 kilogrammes .

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 Economic Whereas, should force majeure make it possible to Community'. complete the operation in question within the time limits specified, it must be made clear who is to bear the liability for any resulting costs ; Article 2

Whereas provision should be made for security to be 1 . The decision on tenders received in response to given for the purpose of guaranteeing that the obliga­ the invitation provided for in Article 1 shall be taken tions arising by virtue of participation in the invita­ on 19 September 1974. tion to tender for supplies to UNRWA will be fulfilled ; 2. The closing date for submission of tenders shall be 19 September 1974 at 12 noon . (') OJ No 117, 19 . 6 . 1967, p. 2269/67. (2) OJ No L 209, 31 . 7 . 1974, p. 1 . 3 . The notice of invitation to tender shall be (J ) OJ No L 178 , 5. 8 . 1972, p. 3 . (4 ) OJ No L 229 , 20 . 8 . 1974, p. 5. published in the Official Journal of the European

No L 247 / 10 Official Journal of the European Communities 10 . 9 . 74

Communities not less than nine days before the Article 6 closing date for submission of tenders. 1 . The French intervention agency shall be respon­ Article 3 sible for operations relating to the invitation to tender provided for by this Regulation . The contract shall be awarded to the tenderer offering the best terms . 2 . It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ However, if the tenders submitted do not appear to tation to tender, specifying the terms of each tender, correspond to normal market prices and costs, the together with the name and business name of the intervention agency may cancel the invitation to successful tenderer . tender. 3 . On the other hand, if the successful tenderer is Article 4 established in a Member State other than the one collecting the tenders, and if the product is dispatched 1 . The successful tenderer shall give security of a through a frontier post of the Member State where the value of 10 units of account per metric ton ; the secu­ successful tenderer is established, the intervention rity in Article 1 are duly completed. The security shall agency of the latter Member State shall be responsible be forfeit if those operations are not carried out within for the operations relating to the tendering. the prescribed time limit, save as regards quantities not delivered owing to force majeure. In this case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ 2. The security provided for in paragraph 1 may be vention agency of the Member State concerned and given in the form of a cash deposit or of a guarantee issued by a credit institution conforming to the shall supply it with all the information which it may require. criteria laid down by the Member State .

4. The intervention agency shall request the Article 5 successful tenderer to supply the following informa­ 1 . The common wheat flour referred to in Article 1 tion : to be supplied to UNRWA must meet the following (a) after each shipment, a certificate showing the quan­ requirements : tities dispatched, the quality of the products and — Moisture : 14 % maximum ; 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 matter . (c) all possible contingencies which might occur during transportation of the products. Flour not meeting these requirements shall be re­ fused . The information indicated above shall be forwarded 2. Tenders for supply to UNRWA of the common by the intervention agency to the Commission imme­ wheat flour referred to in Article 1 must relate to a diately upon receipt. product with the following characteristics : — Moisture : 14 % maximum ; Article 7 — 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.

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

Done at Brussels, 6 September 1974 . For the Commission

The President

Francois-Xavier ORTOLI

10 . 9 . 74 Official Journal of the European Communities No L 247/ 11

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