31974R2869

16 . 11 . 74 Official Journal of the European Communities No L 306/9

REGULATION (EEC) No 2869/74 OF THE COMMISSION of 15 November 1974 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Malagasy Republic

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 ( 1 ) of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ Article 1 lation (EEC) No 1 996/74 (2) ; 1 . Tenders are hereby invited for the supply to the Having regard to Council Regulation (EEC) No 1 693/72 (3) of 3 August 1972 laying down the condi­ Malagasy Republic, by way of Community action, of 2 649 metric tons of common wheat flour. tions for the mobilization of cereals as food aid, and in particular Article 6 thereof ; 2. The tendering procedure shall take place in the Whereas on 23 May 1972 the Council of the Euro­ Kingdom of the Netherlands and shall be in respect pean Communities declared that it proposed, by way of a single lot. of Community action, to grant the equivalent of 4 000 metric tons of common wheat (in other words 2 649 3 . The goods shall be mobilized on the Commu­ metric tons of common wheat flour) to the Malagasy nity market. Republic under its 1971 /72 food-aid programme ; 4. Shipment shall be from Rotterdam, Antwerp, Whereas pursuant to Article 3 (3) of Council Regula­ Dunkerque or Rouen . tion (EEC) No 1693/72 the goods may be purchased 5. The goods referred to in paragraph 1 shall be anywhere on the Community market ; supplied fob (that is to say the successful tenderer Whereas the proposed invitation to tender should shall place them in the hold of the ship at the port of relate to supply of the goods fob, up to the point at shipment) in new polyester sacks lined with Kraft which they are placed in the hold of the ship at the paper with three pleats, having a net capacity of 50 port of shipment ; kilogrammes.

Whereas the contract should be awarded to the The following shall be printed on the sacks : tenderer who makes the best offer ; ' FARINE DE FROMENT — DON DE LA COMMU­ Whereas it must be made clear who is to bear any NAUTfi fiCONOMIQUE EUROPEENNE.' costs which arise in the event that for reasons of force majeure the operation in question is not completed Article 2 within the time stipulated ; Whereas provision should be made for security to be 1 . The decision on tenders received in response j the invitation provided for in Article 1 shall be taken given for the purpose of guaranteeing that the obliga­ on 29 November 1974 . tions arising by virtue of participation in the invita­ tion to tender for supplies to the Malagasy Republic will be fulfilled ; 2. The closing date for the submission of tenders shall be 29 November 1974 at 12 noon . Whereas the Dutch intervention agency should be 3 . The notice of invitation to tender shall be made responsible for organizing the invitation to 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 the submission of tenders. informed without delay of the tenders submitted in response to the invitation and of those accepted by Article 3 the intervention agency ; The contract shall be awarded to the tenderer offering (•) OJ No 117, 19 . 6 . 1967, p . 2269/ 67. (2) OJ No L 209 , 31 . 7. 1974, p. 1 . the best terms . However, if the tenders submitted do (>) OJ No L 178 , 5. 8 . 1972, p. 3 . not appear to correspond to normal market prices and

No L 306/ 10 Official Journal of the European Communities 16 . 11 . 74

costs, the intervention agency may cancel the invita­ Article 7 tion to tender. 1 . The intervention agency of the Kingdom of the Netherlands shall be responsible for organizing the Article 4 invitation to tender provided for by this Regulation .

2 . It shall forthwith communicate to the Commis­ If, because of delay in the provision of ships for effecting transport by sea, the successful tenderer is sion the list of firms which have responded to the invi­ unable to deliver the goods fob on the date fixed in tations to tender, specifying the terms of each tender, the notice of invitation to tender, the costs resulting together with the name and business name of the successful tenderer. from such delay shall be borne by the intervention agency. 3 . On the other hand, if the successful tenderer is established in a Member State other than the one Article 5 collecting the tenders, and if the product is dispatched through a frontier post of the Member State where the successful tenderer is established, the . intervention 1 . The successful tenderer shall give security in an agency of the latter Member State shall be responsible amount of 10 units of account per metric ton of for the operations relating to the tendering. goods ; the purpose of such security is to guarantee performance of the operations specified in Articles 1 In this case , the intervention agency choosing the and 6. The security shall be forfeit if those operations successful tenderer shall immediately inform the inter­ are not carried out within the time stipulated, save as vention agency of the Member State concerned and regards quantities not delivered for reasons of force shall supply it with all the information which it may majeure. require .

2. The security referred to in paragraph 1 may be 4. The intervention agency shall request the given in the form of a cash deposit or of a guarantee issued by a credit institution which satisfies the successful tenderer to supply the following informa­ tion : 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 common wheat flour referred to in Article 1 to be supplied to the Malagasy Republic must meet The information indicated above shall be forwarded the following requirements : by the intervention agency to the Commission imme­ diately upon receipt. — moisture : 12% maximum ; — protein content : 10-5 % minimum (N x 6-25 on dry matter) ; Article 8 — ash content : 0-52 % maximum referred to dry matter. On delivery of the goods at the port of shipment, a handing-over certificate shall be supplied to the Flour not meeting these requirements shall be successful tenderer acting as agent for the Commu­ refused . 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 Malagasy Republic of is situated . the common wheat flour referred to in Article 1 must relate to a product with the following characteristics :

— moisture : 1 2 % maximum ; Article 9 — protein content : 10-5 % minimum (N x 6-25 on dry matter) ; This Regulation shall enter into force on the day of its — ash content : 0 52 % maximum referred to dry publication in the Official Journal of the European matter . Communities.

16 . 11 . 74 Official Journal of the European Communities No L 306/ 11

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

Done at Brussels, 15 November 1974. For the Commission

The President

Francois-Xavier ORTOLI