31974R2349

14. 9 . 74 Official Journal of the European Communities No L 251 /25

REGULATION (EEC) No 2349/74 OF THE COMMISSION of 13 September 1974 opening an invitation to tender for the mobilization of common wheat flour as aid for the Hashemite Kingdom of Jordan

THE COMMISSION OF THE EUROPEAN Whereas the Belgian intervention agency should be COMMUNITIES, made responsible for organizing the invitation to tender ; Having regard to the Treaty establishing the European Economic Community ; Whereas it is important that the Commission be Having regard to Council Regulation No 120/ informed without delay of the tenders submitted in 67/EEC (1 ) of 13 June 1967 on the common organiza­ response to the invitation and of those accepted by tion of the market in cereals, as last amended by Regu­ the intervention agency ; lation (EEC) No 1996/74 (2); Having regard to Council Regulation (EEC) No Whereas the prices of soft wheat on the world market 1693/72 (3) of 3 August 1972 establishing the criteria exceed at this time to a marked extent the prices for the mobilization of cereals to be used as food aid, ruling in the Community for that product ; whereas and in particular Article 6 thereof ; on the basis of data currently available no immediate change in this position is to be foreseen ; whereas ■Having regard to Council Regulation (EEC) No under these conditions tenderers can reasonably 974/71 (4) of 12 May 1971 covering certain measures expect that at the time of delivery of the products in of conjunctural policy to be taken in the agricultural the tender no monetary compensatory amount will be sector following the temporary widening of the applied to the export by virtue of Article 4 (a) (2) of margins of fluctuation in the currencies of certain Regulation (EEC) No 974/71 ; whereas however the Member States, as last amended by Regulation (EEC) Commission has proposed to the Council the suppres­ No 3450/73 (5), and in particular Article 6 ( 1 ) thereof ; sion of paragraph 2 of Article 4 (a) aforesaid ; whereas Whereas on 8 July 1971 and 21 March 1974 the this measure will have the effect of applying under all Council of the European Communities declared that circumstances the monetary compensatory amount for by way of Community action it proposed to grant to transactions with Member States with depreciate the Hashemite Kingdom of Jordan the equivalent of currencies and in particular the levying of this amount 13 500 metric tons of common wheat, in the form of on exports ; whereas in order not to hinder the execu­ flour, i.e. 8 940 metric tons of common wheat flour, tion of this present food aid it is expedient to provide under its 1970/71 and 1973/74 food-aid programmes ; that any compensatory amount that might be applied following the suppression of paragraph 2 of Article 4 Whereas pursant to Article 3 (3) of Council Regula­ (a) aforesaid shall not be levied for the products to be tion (EEC) No 1693/72 the goods may be purchased delivered by virtue of this present invitation to tender ; anywhere on the Community market ;

Whereas tenders should be invited for the supply of Whereas the measures provided for in this Regulation the product to the port of shipment in the vicinity of are in accordance with the Opinion of the Manage­ the vessel, the goods to be set down at the place nomi­ ment Committee for Cereals, nated by the recipient or its agent ; Whereas the contract should be awarded to the tenderer who makes the best offer ; Whereas it must be made clear who is to bear any HAS ADOPTED THIS REGULATION : costs which arise in the event that for reasons of force majeure the operation in question is not completed within the time stipulated ; Article 1 Whereas provision should be made for security to be given to guarantee fulfilment of obligations arising by virtue of participation in the invitation to tender for 1 . An invitation to tender shall be issued in respect the supply of goods to the Hashemite Kingdom of of the supply of 8 940 metric tons of common wheat Jordan ; flour to the Hashemite Kingdom ' of Jordan by way of Community food-aid action . (') OJ No 117, 19 . 6. 1967, p. 2269/67. (2) OJ No L 209, 31 . 7. 1974, p. 1 . 2. The tendering procedure shall take place in the (J) OJ No L 178 , 5. 8 . 1972, p. 3 . (♦) OJ No L 106, 12. 5. 1971 , p. 1 . Kingdom of Belgium and shall be in respect of a (») OJ No L 353, 22. 12. 1973 , p. 25. single lot.

No L 251 /26 Official Journal of the European Communities 14 . 9 . 74

3. The goods shall be mobilized on the Commu­ Article 6 nity market. 1 . The goods referred to in Article 1 which are to 4. Shipment shall be from a Community port. be supplied to the Hashemite Kingdom of Jordan must meet the following requirements : 5. The product referred to in paragraph 1 is to be delivered in new cotton sacks of a net capacity of 50 Common wheat flour : kilogrammes to the port of shipment in the vicinity of — moisture content : 1 5 % maximum , the vessel. The goods must be set down at the place — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ nominated by the recipient country or its agent, the lated on the dry matter), timing of delivery being settled by the tenderer and — ash content : 0-52 % maximum on the dry matter. the recipient country's agent. If the goods referred to in Article 1 do not meet the 6. The following shall be printed on the sacks : foregoing requirements they shall be rejected and the 'Wheat flour — gift of the European Community — successful tenderer shall be owner thereof. for free distribution '. 2. Tenders for supply to the Hashemite Kingdom of Jordan of the goods referred to in Article 1 must Article 2 relate to products with the following characteristics : 1 . The award of the contract shall take place on 27 Common wheat flour : September 1974. — moisture content : 1 5 % maximum, 2. The closing date for submission of tenders shall — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ be 27 September 1974 at 12 noon . lated on the dry matter), — ash content : 0-52 % maximum on the dry matter. 3 . The notice of invitation to tender shall be published in the Official Journal of the European Article 7 Communities not less than nine days before the closing date for submission of tenders. 1 . The Belgian intervention agency shall be respon­ sible for operations relating to the invitation to tender Article 3 provided for by this Regulation .

The contract shall be awarded to the tenderer who 2. It shall forthwith communicate to the Commis­ makes the most favourable offer. sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, However, if the tenders submitted do not appear to together with the name and business name of the reflect normal market prices and costs, the interven­ successful tenderer. tion agency may cancel the invitation to tender. 3 . On the other hand, if the successful tenderer is established in a Member State other than the one Article 4 collecting the tenders, and if the product is If the tenderer is unable to deliver the goods in despatched through a frontier post of the Member compliance with Article 1 (5) on the date given in the State where the successful tenderer is established, the notice of invitation to tender as a result of the late intervention agency of the latter Member State shall availability of the vessels to be used for sea transporta­ be responsible for the operations relating to the tion, the resulting costs shall be borne by the interven­ tendering. tion agency. Tn 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 successful tenderer shall give security in an require. amount of 10 units of account per metric ton of goods ; the purpose of such security is to guarantee 4. The intervention agency shall request the performance of the operations specified in Articles 1 successful tenderer to supply the following informa­ and 6. The security shall be forfeit if those operations tion : are not carried out within the time stipulated, save as regards quantities not delivered for reasons of force (a) after each shipment a certificate showing the quan­ tities despatched and the quality of the products ; majeure. (b) the date of departure of the vessels. 2. The security referred to in paragraph 1 may be given in the form of a cash deposit or of a guarantee The information indicated above shall be forwarded issued by a credit institution which satisfies the by the intervention agency to the Commission imme­ criteria laid down by each Member State. diately upon receipt.

14 . 9 . 74 Official Journal of the European Communities No L 251 /27

Article 8 Article 9 The monetary compensatary amount shall not be On delivery of the goods at the port of shipment, a levied for the products to be delivered under this handing-over Certificate shall be supplied to the Regulation . successful tenderer, acting as agent for the Commu­ Article 10 nity, by the agent of the recipient country or, in the absence of the latter, by the intervention agency of the This Regulation shall enter into force on the day of its Member State in whose territory the port of shipment publication in the Official Journal of the European is situated . Communities.

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

Done at Brussels, 13 September 1974.

For the Commission

The President

Francois-Xavier ORTOLI