31974R2651

No L 283 /34 Official Journal of the European Communities 19 . 10 . 74

REGULATION ( EEC) No 2651 /74 OF THE COMMISSION of 18 October 1974 opening an invitation to tender for the mobilization of common wheat flour as aid for the Island of Mauritius

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 ;

HAS ADOPTED THIS REGULATION : Having regard to Council Regulation No 120/ 67/ EEC (') of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ lation (EEC) No 1996/74 (2) ; Article 1

Having regard to Council Regulation ( EEC) No 1 . An invitation to tender shall be issued in respect 1 693/72 (3) of 3 August 1972 establishing the criteria of the supply of 6 624 metric tons of common wheat for the mobilization of cereals to be used as food aid, flour to the Island of Mauritius by way of Community and in particular Article 6 thereof ; food-aid action .

Whereas on 21 March 1974 the Council of the Euro­ 2. The tendering procedure shall take place in pean Communities declared that by way of Commu­ France and shall be in respect of two lots . nity action it proposed to grant to the Island of Mauri­ tius the equivalent of 10 000 metric tons of common 3 . The goods shall be mobilized on the Commu­ wheat, in the form of flour, i.e. 6 624 metric tons of nity market . common wheat flour, under its 1973/ 74 food-aid programme ; 4. Shipment shall be from one of the ports laid down in the Annex . Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 1693/72 the goods may be purchased 5 . The product referred to in paragraph 1 is to be anywhere on the Community market ; delivered in new jute sacks of a net capacity of 67 kilo­ grammes to the port of shipment in the vicinity of the Whereas tenders should be invited for the supply of vessel . The goods must be set down at the place nomi­ the product to the port of shipment in the vicinity of nated by the recipient country or its agent, the timing the vessel , the goods to be set down at the place nomi­ of delivery being settled by the tenderer and the recip­ nated by the recipient or its agent ; ient country's agent.

Whereas the contract should be awarded to the 6 . The following shall be printed on the sacks : tenderer who makes the best offer ; ' Farine de froment tendre — Don de la Communaute Whereas it must be made clear who is to bear any economique europeenne .' costs which arise in the event that for reasons of force majeure the operation in question is not completed within the time stipulated ; Article 2

Whereas provision should be made for security to be 1 . The award of the contract shall take place on 31 given to guarantee fulfilment of obligations arising by October 1 974 . virtue of participation in the invitation to tender for the supply of goods to the Island of Mauritius ; 2 . The closing date for submission of tenders shall be 31 October 1974 at 12 noon . Whereas the French intervention agency should be made responsible for organizing the invitation to 3 . The notice of invitation to tender shall be tender ; published in the Official Journal of the European Communities not less than nine days before the Whereas it is important that the Commission be closing date for submission of tenders . informed without delay of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Article 3 (') OJ No 117, 19 . 6 . 1967, p . 2269/ 67. The contract shall be awarded to the tenderer who (2) OJ No L 209 , 31 . 7 . 1974, p. 1 . P OJ No L 178 , 5. 8 . 1972, p. 1 . offers the most favourable terms . If it appears,

19 . 10 . 74 Official Journal of the European Communities No L 283 /35

however, that the tenders submitted do not reflect — ash content : 0-52 % maximum on the dry matter. normal market prices and rates, the intervention agency may cancel the invitation to tender.

Article7¶

Article 4 1 . French intervention agency shall be responsible for organizing the invitation to tender provided for by If the tenderer is unable to deliver the goods in this Regulation . compliance with Article 1 (5) on the date given in the notice of invitation to tender as a result of the late 2 . It shall forthwith communicate to the Commis­ availability of the vessels to be used for sea transporta­ sion the list of firms which have responded to the invi­ tion, the resulting costs shall be borne by the interven­ tation to tender, specifying the terms of each tender, tion agency. together with the name and business name of the successful tenderer.

Article 5 3 . On the other hand , if the successful tenderer is 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 in an through a frontier post of the Member State where the amount of 10 units of account per metric ton of successful tenderer is established , the intervention goods ; the purpose of such security is to guarantee agency of the latter Member State shall be responsible performance of the operations specified in Articles 1 for the operations relating to the tendering. and 6. The security shall be forfeit if those operations are not carried out within the time stipulated, save as regards quantities not delivered for reasons force In this case, the intervention agency choosing the majeure. successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and shall supply it with all the information which it may 2. The security referred to in paragraph 1 may be require . given in the form of a cash deposit or of a guarantee issued by a credit institution which satisfies the criteria laid down by each Member State . 4. The intervention agency shall request the successful tenderer to supply the following informa­ tion :

Article 6 (a) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; 1 . The goods referred to in Article 1 which are to (b) the date of departure of the vessels. be supplied to the Island of Mauritius must meet the following requirements : The information indicated above shall be forwarded Co m m o n when t flour : by the intervention agency to the Commission imme­ diately upon receipt . — moisture content : 1 5 % maximum ,

— acidity : 4 ml NaOH/n maximum per 100 g (calcu­ lated on the dry matter), Article 8 — ash content : 0-52 % maximum on the dry matter. On delivery of the goods at the port of shipment, a If the goods referred to in Article 1 do not meet the handing-over certificate shall be supplied to the foregoing requirements they shall be rejected and the successful tenderer, acting as agent for the Commu­ successful tenderer shall be owner thereof . nity, by the agent of the recipient country or, in the 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 Island of Mauritius of is situated . 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 , This Regulation shall enter into force on the day of its — acidity : 4 ml NaOH / n maximum per 100 g (calcu­ publication in the Official Journal of the European Communities. i2 lated on the dry matter),

No L 283/36 Official Journal of the European Communities 19 . 10 . 74 ,

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

Done at Brussels, 18 October 1974. For the Commission

The President

Francois-Xavier ORTOLI

ANNEX

Number of lot Port from which consigned Minimum rate of loading Metric tonnage fob

1 Bordeaux or Marseille 5 000 2 Rouen 1624 j Customs of the port