31974R3222

21 . 12 . 74 Official Journal of the European Communities No L 342/23

REGULATION (EEC) No 3222/74 OF THE COMMISSION of 20 December 1974 opening an invitation to tender for the mobilization of common wheat flour as aid for the Central African Republic

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 are in accordance with the Opinion of the Manage­ Having regard to Council Regulation No 120/ ment Committee for Cereals, 67/EEC (1) 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) ; HAS ADOPTED THIS REGULATION :

Having regard to Council Regulation (EEC) No Article 1 1 693/72 (3) of 3 August 1972 establishing the criteria for the mobilization of cereals to be used as food aid, 1 . An invitation to tender shall be issued in respect and in particular Article 6 thereof ; of the supply of 1 324 metric tons of common wheat flour to the Central African Republic by way of Whereas on 21 March 1974 the Council of the Euro­ Community food-aid action. pean Communities declared that by way of Commu­ 2. The tendering procedure shall take place in the nity action it proposed to grant to the Central African Kingdom of Belgium and shall be in respect of a Republic the equivalent of 2 000 metric tons of single lot. common wheat, in the form of flour, i.e. 1 324 metric tons of common wheat flour, under its 1973/74 food­ 3 . The goods shall be mobilized on the Commu­ aid programme ; nity market. 4. Shipment shall be from Antwerp, Dunkerque, Whereas pursuant to Article 3 (3) of Council Regula­ Rouen or Le Havre . tion (EEC) No 1693/72 the goods may be purchased anywhere on the Community market ; 5. The product referred to in paragraph 1 is to be delivered in new cotton sacks of a net capacity of 50 Whereas tenders should be invited for the supply of kilogrammes to the port of shipment in the vicinity of the product to the port of shipment in the vicinity of the vessel . The goods must be set down at the place the vessel, the goods to be set down at the place nomi­ nominated by the recipient country or its agent, the nated by the recipient or its agent ; timing of delivery being settled by the tenderer and the recipient country's agent. The following shall be Whereas the contract should be awarded to the printed on the sacks : tenderer who makes the best offer ; ' Farine de froment — Don de la communaute econo­ mique europeenne.' 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 3 January 1975. Whereas provision should be made for security to be 2. The closing date for submission of tenders shall given to guarantee fulfilment of obligations arising by be 3 January 1975 at 12 noon . virtue of participation in the invitation to tender for the supply of goods to the Central African Republic ; 3 . The notice of invitation to tender shall be published in the Official Journal of the European Communities not less than nine days before the Whereas the Belgian intervention agency should be closing date for submission of tenders. made responsible for organizing the invitation to tender ; 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 . (3) OJ No L 178 , 5. 8 . 1972, p. 3 . makes the most favourable offer.

No L 342/24 Official Journal of the European Communities 21 . 12 . 74

However, if the tenders submitted do not appear to Article 7 reflect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. 1 . The Belgian intervention agency shall be respon­ sible for operations relating to the invitation to tender provided for by this Regulation . Article 4 2 . It shall forthwith communicate to the Commis­ If the tenderer is unable to deliver the goods in sion the list of firms which have responded to the invi­ compliance with Article 1 (5) on the date given in the tation to tender, specifying the terms of each tender, notice of invitation to tender as a result of the late together with the name and business name of the successful tenderer. availability of the vessels to be used for sea transporta­ tion, the resulting costs shall be borne by the interven­ tion agency. 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 Article 5 through a frontier post of the Member State where the successful tenderer is established, the intervention agency of the latter Member State shall be responsible 1 . The successful tenderer shall give security in an for the operations relating to the tendering. amount of 10 units of account per metric ton of 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 vention agency of the Member State concerned and are not carried out within the time stipulated, save as shall supply it with all the information which it may regards quantities not delivered for reasons of force 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 successful tenderer to supply the following informa­ tion : issued by a 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 ;

Article6¶

1 . The common wheat flour referred to in Article 1 The information indicated above shall be forwarded to be supplied to the Central African Republic must by the intervention agency to the Commission imme­ meet the following requirements : diately upon receipt.

— moisture : 14 % maximum ; — protein content : 10-5 % minimum (N x 6-25 on Article 8 dry matter) ; — 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 Central African Repu­ is situated . blic of the common wheat flour referred to in Article 1 must relate to a product with the following charac­ teristics : Article 9 — moisture : 14 % maximum ; — 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.

21 . 12 . 74 Official Journal of the European Communities No L 342/25

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

Done at Brussels, 20 December 1974. For the Commission The President

Francois-Xavier ORTOLI