31974R2598

12. 10 . 74 Official Journal of the European Communities No L 277/29

REGULATION ( EEC) No 2598 / 74 OF THE COMMISSION of 11 October 1974 opening an invitation to tender for the mobilization of common wheat flour as food aid for the United Arab Republic of Egypt

THE COMMISSION OF THE EUROPEAN Whereas it is important that the Commission be COMMUNITIES, informed without delay of the tenders submitted in response to the invitation and of those accepted by Having regard to the Treaty establishing the European the intervention agency ; Economic Community ; Whereas the measures provided for in this Regulation Having regard to Council Regulation No 120 / are in accordance with the Opinion of the Manage­ 67/ EEC ( 1 ) of 13 June 1967 on the common organiza­ ment Committee for Cereals , tion of the market in cereals, as last amended by Regu­ lation ( EEC) No 1 996/74 (2) ;

HAS ADOPTED THIS REGULATION : Having regard to Council Regulation ( EEC) No 1 693 /72 (3) of 3 August 1972 establishing the criteria for the mobilization of cereals to be used as food aid , Article 1 and in particular Article 6 thereof ; 1 . An invitation to tender shall be issued in respect Whereas on 21 March 1974, the Council of the Euro­ of the supply of 13 245 metric tons of common wheat pean Communities declared that by way of Commu­ flour to the United Arab Republic of Egypt by way of nity action it proposed to grant to the United Arab Community food-aid action . Republic of Egypt the equivalent of 20 000 metric tons of common wheat, in the form of flour, i.e. 2. The tendering procedure shall take place in the 13 245 metric tons of common wheat flour, under its Kingdom of the Netherlands and shall be in respect 1973/74 food aid programme ; of a single lot.

Whereas pursuant to Article 3 (3) of Council Regula­ 3 . The goods shall be mobilized on the Commu­ tion (EEC) No 1693/72 the goods may be purchased nity market . anywhere on the Community market ; 4. Shipment shall be from a Community port. Whereas tenders should be invited for the supply of the product to the port of shipment in the vicinity of 5 . The product referred to in paragraph 1 is to be the vessel, the goods to be set down at the place nomi­ delivered in new cotton sacks of a net capacity of nated by the recipient or its agent ; 67-485 kilogrammes to the port of shipment in the vicinity of the vessel . The goods must be set down at Whereas the contract should be awarded to the the place nominated by the recipient country or its tenderer who makes the best offer ; agent, the timing of delivery being settled by the tenderer and the recipient country's agent. Whereas it must be made clear who is to bear any costs which arise in the event that for reasons of force 6 . The following shall be printed on the sacks : majeure the operation in question is not completed within the time stipulated ; 'Wheat flour — gift of the European Community.'

Whereas provision should be made for securtiy to be Article 2 given to guarantee fulfilment of obligations arising by virtue of participation in the invitation to tender for 1 . The award of the contract shall take place on 25 the supply of goods to the United Arab Republic of October 1974 . Egypt ;

2 . The closing date for submission of tenders shall Whereas the Dutch intervention agency should be be 25 October 1974 at 12 noon . made responsible for organizing the invitation to tender ; 3 . The notice of invitation to tender shall be published in the Official Journal of the European (') OJ No 117, 19 . 6 . 1967 , p . 2269 / 67 . (2) OJ No L 209 , 31 . 7 . 1974 , p. 1 . (,'oni in unities not less than nine days before the (3 ) OJ No L 1 78 , 5 . 8 . 1972, p. 3 . closing date for submission of tenders .

No L 277/ 30 Official Journal of the European Communities 12 . 10 . 74

Article3¶

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

1 . The goods referred to in Article 1 which are to The information indicated above shall be forwarded be supplied to the United Arab Republic of Egypt by the intervention agency to the Commission imme­ must meet the following requirements : diately upon receipt . Common wheat flour : — moisture content : 15 % maximum ; — acidity : 4 ml NaOH/ n maximum 100 g (calcu­ Article 8 lated on the dry matter) ; — ash content : 0-52 % maximum on the dry matter. On delivery of the goods at the port of shipment, a handing-over certificate shall be supplied to the If the goods referred to in Article 1 do not meet the successful tenderer, acting as agent for the Commu­ foregoing requirements they shall be rejected and the nity, by the agent of the recipient country or, in the successful tenderer shall be owner thereof . absence of the latter, by the intervention agency of the Member State in whose territory the port of shipment 2 . Tenders for supply to the United Arab Republic is situated . of Egypt of the goods referred to in Article 1 must relate to products with the following characteristics : Common wheat flour : Article 9 — moisture content : 1 5 % maximum ; — acidity : 4 ml NaOH / n maximum per 100 g (calcu­ This Regulation shall enter into force on the day of its lated on the dry matter) ; publication in the Official Journal of the European — ash content : 0-52 % maximum on the dry matter. Communities.

12 . 10 . 74 Official Journal of the European Communities No L 277 / 31

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

Done at Brussels, 11 October 1974.

For the Commission The President

Francois-Xavier ORTOLI