31974R2653

19 . 10 . 74 Official Journal of the European Communities No L 283/39

REGULATION ( EEC) No 2653/74 OF THE COMMISSION of 18 October 1974 opening an invitation to tender for the mobilization of common wheat flour as aid for the Republic of Rwanda

THE COMMISSION OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES , Having regard to the Treaty establishing the European Article 1 Economic Community ; Having regard to Council Regulation No 120/ 1 . An invitation to tender shall be issued in respect 67/EEC (*) of 13 June 1967 on the common organiza­ of the supply of 993 metric tons of common wheat tion of the market in cereals, as last amended by Regu­ flour to the Republic of Rwanda by way of Commu­ lation ( EEC) No 1996/74 (2); nity food-aid action .

Having regard to Council Regulation ( EEC) No 1 693/72 (3 ) of 3 August 1972 establishing the criteria 2. The tendering procedure shall take place in the for the mobilization of cereals to be used as food aid , Kingdom of Belgium and shall be in respect of two lots . and in particular Article 6 thereof ; Whereas on 8 July 1971 the Council of the European 3 . The goods shall be mobilized on the Commu­ Communities declared that by way of Community nity market . action it proposed to grant to the Republic of Rwanda the equivalent of 1 500 metric tons of common wheat, 4. Shipment shall be from a Community port. in the form of flour, i.e. 993 metric tons of common wheat flour, under its 1970 /71 food-aid programme ; 5 . The invitation to tender provided for in para­ Whereas pursuant to Article 3 (3) of Council Regula­ graph 1 is for supply of products delivered unloaded tion (EEC) No 1693 /72 the goods may be purchased to Kigali in new cotton sacks of a net capacity of 50 anywhere on the Community market ; kilogrammes .

Whereas the proposed invitation to tender should be 6 . The following shall be printed on the sacks : for supply of the products delivered unloaded to Kigali ; ' Farine de froment — Don de la Communaute econo­ Whereas the contract should be awarded to the mique europeenne'. tenderer who makes the best offer ; Whereas it must be made clear who is to bear any costs which arise in the event that for reasons of force Article 2 majeure the operation in question is not completed within the time stipulated ; 1 . The award of the contract shall take place on 31 October 1974 . Whereas provision should be made for security to be given to guarantee fulfilment of obligations arising by 2 . The closing date for submission of tenders shall virtue of participation in the invitation to tender for be 31 October 1974 at 12 noon . the supply of goods to the Republic of Rwanda ; Whereas the Belgian intervention agency should be 3 . The notice of invitation to tender shall be made responsible for organizing the invitation to published in the Official Journal of the European tender ; Communities not less than nine days before the closing date for submission of tenders . Whereas it is important that the Commission be informed without delay of the tenders submitted in response to the invitation and of those accepted by Article 3 the intervention agency ; Whereas the measures provided for in this Regulation The contract shall be awarded to the tenderer who are in accordance with the Opinion of the Manage­ makes the most favourable offer . ment Committee for Cereals , However, if the tenders submitted do not appear to (') OJ No 117, 19 . 6 . 1967, p . 2269/ 67 . (2 ) OJ No L 209 , 31 . 7 . 1974, p. 1 . reflect normal market prices and costs , the interven­ (3 ) OJ No L 178 , 5. 8 . 1972, p. 3 . tion agency may cancel the invitation to tender.

No L 283 /40 Official Journal of the European Communities 19 . 10 . 74

Article 4 2 . It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ 1 . The successful tenderer shall give security in an tation to tender, specifying the terms of each tender, amount of 10 units of account per metric ton of together with the name and business name of the goods ; the purpose of such security is to guarantee successful tenderer . performance of the operations specified in Articles 1 and 5. The security shall be forfeit if those operations are not carried out within the time stipulated, save as 3 . On the other hand , if the successful tenderer is regards quantities not delivered for reasons of force established in a Member State other than the one majeure. collecting the tenders, and if the product is dispatched through a frontier post of the Member State where the 2. The security referred to in paragraph 1 may be successful tenderer is established , the intervention given in the form of a cash deposit or of a guarantee agency of the latter Member State shall be responsible issued by a credit institution which satisfies the for the operations relating to the tendering. criteria laid down by each Member State .

Article 5 In this case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ 1 . The goods referred to in Article 1 which are to vention agency of the Member State concerned and be supplied to the Republic of Rwanda must meet the shall supply it with all the information which it may following requirements : require . Common wheat flour : — moisture content : 1 5 % maximum , 4. The intervention agency shall request the — acidity : 4 ml NaOH / n maximum per 100 g (calcu­ successful tenderer to supply the following informa­ tion : lated on the dry matter), — ash content : 0-52 % maximum on the dry matter. (a) after each shipment a certificate showing the quan­ If the goods referred to in Article 1 do not meet the tities dispatched and the quality of the products ; foregoing requirements they shall be rejected and the successful tenderer shall be owner thereof . (b) the date of departure of the vessels.

2. Tenders for supply to the Republic of Rwanda of (c) all possible contingencies which might occur the goods referred to in Article 1 must relate to during transportation of the products . products with the following characteristics : Common wheat flour : The intervention agency shall transmit the informa­ tion provided for to the Commission as soon as it is — moisture content : 1 5 % maximum , received . — acidity : 4 ml NaOH/n maximum per 100 g (calcu­ lated on the dry matter), — ash content : 0-52 % maximum on the dry matter. Article 7 Article 6 1 . The Belgian intervention agency shall be respon­ This Regulation shall enter into force on the day of its sible for operations relating to the invitation to tender publication in the Official Journal of the European provided for by this Regulation . Communities.

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