31974R2402

21 . 9 . 74 Official Journal of the European Communities No L 256/ 15

REGULATION (EEC) No 2402/74 OF THE COMMISSION of 20 September 1974 opening an invitation to tender for the mobilization of common wheat flour as food aid for the United Nations High Commission for Refugees

THE COMMISSION OF THE EUROPEAN Whereas, should force majeure make it impossible to COMMUNITIES, 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 ; Having regard to the Treaty establishing the European Economic Community ;

Having regard to Council Regulation No 120/ Whereas provision should be made for security to be 67/EEC ( J) of 13 June 1967 on the common organiza­ given for the purpose of guaranteeing that the obliga­ tion of the market in cereals, as last amended by Regu­ tions arising by virtue of participation in the invita­ lation (EEC) No 1996/74 (2) ; tion to tender for supplies to the United Nations High Commission for Refugees will be fulfilled ;

Having regard to Council Regulation (EEC) No 1 693/72 (3) of 3 August 1972 laying down the condi­ tions for the mobilization of cereals as food aid, and Whereas the Italian intervention agency should be in particular Article 6 thereof ; made responsible for the tendering procedure ;

Having regard to Council Regulation (EEC) No 974/71 (4) of 12 May 1971 covering certain measures Whereas the Commission must be informed quickly of conjunctural policy to be taken in the agricultural of the tenders submitted in response to the invitation sector following the temporary widening of the and of those accepted by the intervention agency ; margins of fluctuation in the currencies of certain Member States, as last amended by Regulation (EEC) No 3450/73 (5), and in particular Article 6(1 ) thereof ;

Whereas the prices of soft wheat flour on the world Whereas on 21 March 1974 the Council of the Euro­ market exceed at this time to a marked extent the pean Communities declared that it proposed, by way prices ruling in the Community for that product ; of Community action, to grant the equivalent of 2 565 whereas on the basis of data currently available no metric tons of common wheat (in other words, 1 699 immediate change in this position is to be foreseen ; metric tons of common wheat flour) to the United whereas under these conditions tenderers can reason­ Nations High Commission for Refugees under its ably expect that at the time of delivery of the products 1973/74 food aid programme ; in the tender no monetary compensatory amount will be applied to the export by virtue of Article 4a (2) of Regulation (EEC) No 974/71 ; whereas however the Whereas pursuant to Article 3 (3) of Council Regula­ Commission has proposed to the Council the suppres­ tion (EEC) No 1693/72 the goods may be purchased sion of Article 4a (2) aforesaid ; whereas this measure anywhere on the Community market ; will have the effect of applying under all circum­ stances the monetary compensatory amount for tran­ Whereas tenders should be invited for the supply of sactions with Member States with depreciated curren­ the product to the port of shipment in the vicinity of cies and in particular the levying of this amount on the vessel, the goods to be set down at the place nomi­ exports ; whereas in order not to hinder the execution nated by the recipient or its agent ; of this present food aid it is expedient to provide that any compensatory amount that might be applied following the suppression of Article 4a (2) aforesaid Whereas the award under the invitation to tender shall not be levied for the products to be delivered by must be made in favour of the tenderer offering the virtue of this present invitation to tender ; best terms ;

(') OJ No 117, 19 . 6 . 1967, p. 2269 /67. (2) OJ No L 209 , 31.7. 1974, p. 1 . (J) OJ No L 178 , 5. 8 . 1972, p. 3 . Whereas the measures provided for in this Regulation (4) OJ No L 106, 12 . 5. 1971 , p. 1 . are in accordance with the Opinion of the Manage­ (5) OJ No L 353, 22. 12. 1973 , p. 25 . ment Committee for Cereals,

No L 256/ 16 Official Journal of the European Communities 21 . 9 . 74

HAS ADOPTED THIS REGULATION : rity is intended to guarantee that the operations speci­ fied in Article 1 are duly completed. The security Article 1 shall be forfeit if those operations are not carried out within the prescribed time limit, save as regards quan­ 1 . Tenders are hereby invited for the supply to the tities not delivered owing to force majeure. United Nations High Commission for Refugees by 2. The security provided for in paragraph 1 may be way of a Community action of 1 699 metric tons of common wheat flour. given in the form of a cash deposit or of a gaurantee issued by a credit institution conforming to the 2. The tendering procedure shall take place in Italy criteria laid down by the Member State . in one lot. The product shall be mobilized on the Community market. The products shall be loaded for Article 6 departure from a Mediterranean sea-port. 1 . The common wheat flour referred to in Article 1 3 . The product referred to in paragraph 1 is to be to be supplied to the United Nations High Commis­ delivered in new cotton sacks of a net capacity of 50 sion for Refugees must meet the following require­ kilogrammes to the port of shipment in the vicinity of ments : the vessel . The goods must be set down at the place nominated by the recipient country or its agent, the — moisture : 1 2 % maximum ; timing of delivery being settled by the tenderer and — protein content : 10-5 % minimum (N x 6-25 on the recipient country's agent. dry matter) ; — ash content : 0-52 % maximum referred to dry The following shall be printed on the sacks : matter . 'Wheat flour — gift of the European Community to the UNHCR for free distribution to Cyprus popula­ Flour not meeting these requirements shall be tion .' refused .

2. Tenders for supply to the United Nations High Article 2 Commission for Refugees of the common wheat flour referred to in Article 1 must relate to a product with 1 . The decision on tenders received in response to the following characteristics : the invitation provided for in Article 1 shall be taken on 30 September 1974. — moisture : 12% maximum ; — protein content : 10-5 % minimum (N x 6-25 on 2. The closing date for the submission of tenders dry matter) ; shall be 30 September 1974 at 12 noon . — ash content : 0-52 % maximum referred to dry 3 . The notice of invitation to tender shall be matter . published in the Official Journal of the European Communities not less than six days before the closing Article 7 date for the submission of tenders . 1 . The Italian intervention agency shall be respon­ Article 3 sible for the operations relating to the invitation to tender provided for by this Regulation . The contract shall be awarded to the tenderer offering the best terms . However, if the tenders submitted do 2 . It shall forthwith communicate to the Commis­ not appear to correspond to normal market prices and sion the list of firms which have responded to the invi­ costs, the intervention agency may cancel the invita­ tation to tender, specifying the terms of each tender, tion to tender. together with the name and business name of the successful tenderer. Article 4 3 . On the other hand, if the successful tenderer is established in a Member State other than the one If the tenderer is unable to deliver the goods in collecting the tenders, and if the product is dispatched compliance with Article 1 (3) on the date given in the through a frontier post of the Member State where the notice of invitation to tender as a result of the late successful tenderer is established, the intervention availability of the vessels to be used for sea transporta­ agency of the latter Member State shall be responsible tion , the resulting costs shall be borne by the interven­ for the operations relating to the tendering. tion agency . In this case, the intervention agency choosing the Article 5 successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and 1 . The successful tenderer shall give security of a shall supply it with all the information which it may value of 10 units of account per metric ton ; the secu­ require .

21 . 9 . 74 Official Journal of the European Communities No L 256/ 17

4. The intervention agency shall ask that the successful tenderer, acting as agent for the Commu­ tenderer specifies the following information : nity, by the agent of the recipient country or, in the absence of the latter, by the intervention agency of the (a) after each shipment, a statement giving details of Member State in whose territory the port of shipment the quantities loaded, the quality of the products is situated . and their packaging ; (b) the date of the departure of the ships, the expected Article 9 date of arrival of the products at their destination . The monetary compensatory amount shall not be The intervention agency shall transmit the informa­ levied for the products to be delivered under this tion provided for to the Commission as soon as it is Regulation . received . Article 10 Article 8 This Regulation shall enter into force on the day of its On delivery of the goods at the port of shipment, a publication in the Official Journal of the European handing-over certificate shall be supplied to the Communities.

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

Done at Brussels, 20 September 1974. For the Commission

The President Francois-Xavier ORTOLI