CELEX: 31974R2596
Language: en
Date: 1974-10-11 00:00:00
Title: Regulation (EEC) No 2596/74 of the Commission of 11 October 1974 opening an invitation to tender for the mobilization of common wheat as food aid for the Islamic Republic of Mauritania

12 . 10 . 74                             Official Journal of the European Communities                         No L 277/ 25
                             REGULATION (EEC) No 2596/74 OF THE COMMISSION
                                                       of 11 October 1974
               opening an invitation to tender for the mobilization of common wheat as food
                                         aid for the Islamic Republic of Mauritania
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 ;
Having regard to Council Regulation No 120/                         HAS ADOPTED THIS REGULATION :
67/ EEC (') of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 1 996/74 (2 ) ;                                                             Article 1
Having regard to Council Regulation (EEC) No                        1 . Tenders are hereby invited for the supply to the
1 693/72 (3) of 3 August 1972 laying down the condi­                Islamic Republic of Mauritania by way of Community
tions for the mobilization of cereals as food aid , and             food aid action of 4 000 metric tons of common
in particular Article 6 thereof ;                                   wheat,
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 in two lots . The product shall be mobilized on
nity action it proposed to grant the Islamic Republic               the Community market. The product shall be loaded
of Mauritania 4 000 metric tons of common wheat
                                                                    for departure from a Community port.
under its 1973/74 food-aid programme ;
Whereas pursuant to Article 3 (3) of Council Regula­                3 . The invitation to tender provided for in para­
tion ( EEC) No 1693/72 the goods may be purchased                   graph 1 is for supply of products delivered cif, that is
anywhere on the Community market ;                                  at the moment when the goods are actually removed
                                                                    from the ship's hold at the port of unloading.
Whereas the proposed invitation to tender should be
for supply of the products delivered cif, that is at the            4. The successful tenderer shall deliver the product
moment when the goods are actually removed from                     specified in paragraph 1 cif to the port of Nouakchott
the ship's hold at the port of unloading ;                          in new jute sacks of a net capacity of 50 kilogrammes .
Whereas the award under the invitation to tender                    The following shall be printed on the sacks :
must be made in favour of the tenderer offering the                 ' Froment — Don de la Communaute economique
best terms ;                                                        europeenne — Distribution gratuite .
Whereas, should force majeure make it impossible to
 complete the operation in question within the set                                          Article 2
 time limits , it should be made clear who is to bear the
 liability for any resulting costs ;                                 1 . The decision on tenders received in response to
                                                                     the invitation provided for in Article 1 shall be taken
Whereas provisions should be made for security to be                 on 25 October 1974 .
given for the purpose of guaranteeing that the obliga­
 tions arising by virtue of participation in the invita­             2.    The closing date for submission of tenders shall
 tion to tender for supplies to the Islamic Republic of              be 25 October 1974 at 12 noon .
 Mauritania will be fulfilled ;
                                                                     3.    The   notice  of invitation  to  tender  shall be
 Whereas the French intervention agency should be
                                                                     published in the Official Journal of the European
 made responsible for the tendering procedure in ques­               Communities not less than nine days before the
 tion ;
                                                                     closing date for submission of tenders .
 Whereas the Commission must be informed quickly
 of the tenders submitted in response to the invitation                                     Article 3
 and of those accepted by the intervention agency ;
                                                                     The contract shall be awarded to the tenderer who
 (') OJ No 117 , 19 . 6 . 1967 , p . 2269 / 67 .
 (2 ) OJ No L 209 , 31 . 7 . 1974, p. 1 .                            offers the most favourable terms . If is appears,
 (3 ) OJ No L 178 , 5 . 8 . 1972, p. 3 .                             however, that the tenders submitted do not reflect
 ---pagebreak--- No L 277/26                          Official Journal of the European Communities                            12. 10 . 74
normal market prices and rates, the intervention               tation to tender, specifying the terms of each tender,
agency may cancel the invitation to tender.                    together with the name and business name of the
                                                               successful tenderer.
                         Article 4
                                                                3.     On the other hand , if the successful tenderer is
1 . The successful tenderer shall give security in an          established in a Member State other than the one
amount of five units of account per metric ton of              collecting the tenders, and if the product is dispatched
goods ; the purpose of such security is to guarantee           through a frontier post of the Member State where the
performance of the operations specified in Article 1 .         successful tenderer is established, the intervention
The security shall be forfeit if those operations are not      agency of the latter Member State shall be responsible
carried out within the time stipulated , save as regards        for the operations relating to the tendering.
quantities not delivered for reasons of force majeure.
                                                                In this case, the intervention agency choosing the
2. The security referred to in paragraph 1 may be               successful tenderer shall immediately inform the inter­
given in the form of a cash deposit or of a guarantee          vention agency of the Member State concerned and
issued by a credit institution conforming to the               shall supply it with all the information which it may
criteria laid down by the Member State .                        require .
                         Article 5
                                                                4. The intervention agency shall request the
                                                                successful tenderer to supply the following informa­
The common wheat referred to in Article 1 to be                 tion :
supplied to the Islamic Republic of Mauritania must            (a) after each shipment a certificate showing the quan­
be of fair and sound merchantable quality and corres­               tities dispatched and the quality of the products ;
pond at least to the standard quality for which the            (b) the date of departure of the vessels ;
intervention price is fixed, except that the moisture
content shall not exceed 15-5 % and that a maximum             (c) all possible contingencies which might occur
of 3 % of sprouted grains and 1-5 % of miscellaneous                during transportation of the products .
impurities shall be allowed .                                   The information indicated above shall be forwarded
                                                                by the intervention agency to the Commission imme­
                         Article 6                              diately upon receipt.
1 . The French intervention agency shall be respon­
sible for organizing the invitation to tender provided                                    Article 7
for by this Regulation .
                                                                This Regulation shall enter into force on the day of its
2.     It shall forthwith communicate to the Commis­            publication in the Official Journal of the European
sion the list of firms which have responded to the invi­        Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
                Done at Brussels , 1 1 October 1 974 .
                                                                           For the Commission
                                                                               The President
                                                                          Francois-Xavier ORTOLI