31975R0181

No L 20 / 16 25 . 1 . 75 Official Journal of the European Communities

REGULATION ( EEC) No 181 /75 OF THE COMMISSION

of 24 January 1975

opening an invitation to tender for the mobilization of common wheat flour for the International Committee of the Red Cross as food aid

THE COMMISSION OF THE EUROPEAN Whereas the Commission must be informed without COMMUNITIES, delay of the tenders submitted in response to the invi­ tation and of those accepted by the intervention Having regard to the Treaty establishing the European 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 ( J ) 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 85/75 (2) ;

HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 1693/72 (3) of 3 August 1972 fixing criteria for the mobilization of cereals intended as food aid , and in particular Article 6 thereof ; Article 1

Whereas on 20 January 1971 and 4 May 1972 the 1 . An invitation to tender shall be issued in respect Council of the European Communities declared that of the supply of 576 metric tons of common wheat by way of Community action it proposed to grant to flour to. the International Committee of the Red Cross the International Committee of the Red Cross the as Community food aid . equivalent of 870 metric tons of common wheat in the form of flour, i.e. 576 metric tons of common 2 . The tendering procedure shall take place in wheat flour, under its 1968 / 69 and 1970 /71 food-aid France and shall be in respect of one lot. programmes ; 3 . The goods shall be mobilized on the Commu­ Whereas pursuant to Article 3 (3) of Council Regula­ nity market. tion (EEC) No 1693/72 the goods may be purchased anywhere on the Community market ; ' 4. Shipment shall be from the port of Marseille.

Whereas the proposed invitation to tender should 5 . The goods referred to in paragraph 1 shall be relate to the supply of the goods fob ; supplied fob by the successful tenderer in new cotton sacks of a net capacity of 50 kilogrammes. Whereas the award under the invitation to tender must be made in favour of the tenderer offering the The following shall be printed on the sacks : best terms ; ' Farine de froment — Don de la Communaute écono­ Whereas it must be made clear who is to bear any mique européenne/Action du Comité international de costs which arise if, for reasons of force majeure the la Croix-Rouge.' operation in question is not completed within the stip­ ulated time limits ;

Article 2 Whereas provision should be made for a security to be given to guarantee fulfilment of the obligations arising 1 . The Decision on tenders received in response to by virtue of participation in the invitation to tender the invitation provided for in Article 1 shall be taken for the supply of goods to the International on 7 February 1975 . Committee of the Red Cross ;

2. The closing date for submission of tenders shall Whereas the French intervention agency should be be 7 February 1975, at 12 noon . made responsible for the tendering procedure in ques­ tion ; 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 11 , 16. 1 . 1975, p. 1 . Communities not less than nine days before the 3) OJ No L 178 , 5 . 8 . 1972, p. 3 . closing date for submission of tenders .

25. 1 . 75 No L 20/ 17 Official Journal of the European Communities

Article J flour referred to in Article 1 must relate to products with the following characteristics : The contract shall be awarded to the tenderer who — moisture content : 12% maximum ; offers the most favourable terms . If it appears, however, that the tenders submitted do not reflect — protein content : 10-5 % minimum (N x 6-25 on normal market prices and rates, the intervention the dry matter) ; agency may cancel the invitation to tender. — ash content : 0-52 % maximum on the dry matter.

Article4¶

If, because of delay in the provision of ships for 1 . The French intervention agency shall be respon­ effecting transport by sea, the successful tenderer is sible for organizing the tendering procedure provided unable to deliver the goods fob on the date fixed in for by this Regulation . the notice of invitation to tender, the costs resulting 2 . It shall forthwith communicate to the Commis­ from such delay shall be borne by the intervention sion the list of firms which have responded to the invi­ agency . tation to tender, specifying the terms of each tender, together with the name and business name of the Article 5 successful tenderer. 1 . The successful tenderer shall give a security 3 . If the successful tenderer is established in a amounting to 10 units of account per metric ton of Member State other than the one collecting the goods ; the purpose of such security is to guarantee tenders, and if the product is dispatched through a performance of the operations specified in Article 1 . frontier post of the Member State where the successful The security shall be forfeit if those operations are not tenderer is established, the intervention agency of the carried out within the stipulated time limits, save as latter Member State shall be responsible for the opera­ regards quantities not delivered for reasons of force tions relating to the tendering. majeure. In that case, the intervention agency which chooses 2 . The security referred to paragraph 1 may be the successful tenderer shall immediately inform the given in the form of a cash deposit or of a guarantee intervention agency of the Member State concerned issued by a credit institution which satisfies the and shall supply it with all the information which it criteria laid down by the Member State in question . may require .

Article 6 4. The intervention agency shall request the successful tenderer to supply the following informa­ 1 . The common wheat flour referred to in Article 1 tion : which is to be supplied to the International (a) after each shipment a certificate showing the quan­ Committee of the Red Cross must meet the following tities dispatched and the quality of the product ; requirements : (b) the date of departure of the vessels . — moisture content : 12 % maximum ; The information indicated above shall be forwarded — protein content : 10-5 % minimum (N x 6-25 on by the intervention agency to the Commission imme­ the dry matter) ; diately upon receipt. — ash content : 0-52 % maximum on the dry matter.

If the flour does not meet the foregoing requirements Article 8 it shall be rejected . This Regulation shall enter into force on the day of its 2. Tenders for supply to the International publication in the Official Journal of the European Committee of the Red Cross of the common wheat (,'oinni unities.

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

Done at Brussels, 24 January 1975 .

/•"or the Commission

The President

Fr;incois-X;wier ORTOLI