CELEX: 31975R0433
Language: en
Date: 1975-02-21 00:00:00
Title: Regulation (EEC) No 433/75 of the Commission of 21 February 1975 opening a new invitation to tender for the mobilization of common wheat as food aid for the Islamic Republic of Mauritania

22. 2. 75                                Official Journal of the European Communities                          No L 48 / 13
                              REGULATION (EEC) No 433/75 OF THE COMMISSION
                                                      of 21 February 1975
               opening a new invitation to tender for the mobilization of common wheat as
                                    food aid for the Islamic Republic of Mauritania
THE COMMISSION OF THE EUROPEAN                                     Whereas provisions should be made for security to be
COMMUNITIES,                                                       given for the purpose of guaranteeing that the obliga­
                                                                    tions arising by virtue of participation in the invita­
Having regard to the Treaty establishing the European               tion to tender for supplies to the Islamic Republic of
                                                                    Mauritania will be fulfilled ;
Economic Community ;
                                                                    Whereas the French intervention agency should be
Having regard to Council Regulation No 120/                         made responsible for the tendering procedure in ques­
67/EEC ( 1 ) of 13 June 1967 on the common organiza­                tion ;
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 85/75 (2) ;                                        Whereas the Commission must be informed quickly
                                                                    of the tenders submitted in response to the invitation
Having regard to Council Regulation (EEC) No                        and of those accepted by the intervention agency ;
1693/72 (3) of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid, and             Whereas the measures provided for in this Regulation
in particular Article 6 thereof ;                                   are in accordance with the Opinion of the Manage­
                                                                    ment Committee for Cereals,
Whereas on 21 March 1974 the Council of the Euro­
pean Communities declared by way of Community
action it proposed to grant the Islamic Republic of                 HAS ADOPTED THIS REGULATION :
Mauritania 4 000 metric tons of common wheat under
its 1973/74 food-aid programme ;
                                                                                           Article 1
Whereas the invitation to tender opened in the
Community under Commission Regulation (EEC) No                      1 . Tenders are hereby invited for the supply to the
182/75 (4) of 24 January 1975 opening an invitation to              Islamic Republic of Mauritania by way of Community
                                                                    food-aid action of 4 000 metric tons of common
tender for the mobilization of common wheat as aid
                                                                    wheat.
to Mauritania was not allocated ; whereas a new invita­
tion to tender should therefore be opened ;
                                                                    2. The tendering procedure shall take place in
                                                                    France in two lots. The product shall be mobilized on
Whereas pursuant to Article 3 (3) of Council Regula­                the Community market. The product shall be loaded
tion (EEC) No 1693/72 the goods may be purchased                    for the departure from any Community port.
anywhere on the Community market ;
                                                                    3 . The invitation to tender provided for in para­
Whereas the proposed invitation to tender should be                 graph 1 is for supply of products delivered cif, that is
for supply of the products delivered cif, that is at the            at the moment when the goods are actually removed
moment when the goods are actually removed from                     from the ship's hold at the port of unloading.
the ship's hold at the port of unloading ;
                                                                    4. The successful tenderer shall deliver the product
                                                                    specified in paragraph 1 cif to the port of Nouakchott
Whereas the award under the invitation to tender                    in new jute sacks of a net capacity of 50 kilogrammes.
must be made in favour of the tenderer offering the
best terms ;                                                        The following shall be printed on the sacks :
                                                                     Froment — Don de la Communauté économique
Whereas, should force majeure make it impossible to                 européenne — Distribution gratuite .'
complete the operation in question within the set
time limits, it should be made clear who is to bear the
liability for any resulting costs ;                                                        Article 2
(•) OJ  No  117, 19 . 6. 1967, p. 2269/67.
(2) OJ  No  L 11 , 16. 1 . 1975, p. 1 .                             1 . The decision on tenders received in response to
(3) OJ  No  L 178, 5. 8 . 1972, p. 3.                               the invitation provided for in Article 1 shall be taken
(4) OJ  No  L 20 , 25. 1 . 1975, p. 18 .                            on 7 Mnrch 1975 .
 ---pagebreak--- No L 48 / 14                       Official Journal of the European Communities                              22. 2. 75
2.    The closing date for submission of tenders shall        2.     It shall forthwith communicate to the Commis­
be 7 March 1975 at 12 noon .                                  sion the list of firms which have responded to the invi­
3.    The    notice of invitation   to tender shall be
                                                              tation to tender, specifying the terms of each tender,
                                                              together with the name and business name of the
published in the Official Journal of the European             successful tenderer.
Communities not less than nine days before the
closing date for submission of tenders.
                                                              3.     On the other hand, if the successful tenderer is
                        Article 3                             established in a Member State other than the one
                                                              collecting the tenders, and if the product is dispatched
The contract shall be awarded to the tenderer who             through a frontier post of the Member State where the
offers the most favourable terms. If it appears,              successful tenderer is established, the intervention
however, that the tenders submitted do not reflect            agency of the latter Member State shall be responsible
normal market prices and rates, the intervention              for the operations relating to the tendering.
agency may cancel the invitation to tender.
                        Article 4                             In this case, the intervention agency choosing the
                                                              successful tenderer shall immediately inform the inter­
1 . The successful tenderer shall give security in an         vention agency of the Member State concerned and
amount of five units of account per metric ton of             shall supply it with all the information which it may
goods ; the purpose of such security is to guarantee          require.
performance of the operations specified in Article 1 .
The security shall be forfeit if those operations are not
carried out within the time stipulated save as regards        4. The intervention agency shall request the
quantities not delivered for reasons of force majeure.        successful tenderer to supply the following informa­
                                                              tion :
2. The security referred to in paragraph 1 may be
given in the form of a cash deposit or of a guarantee         (a) after each shipment a certificate showing the quan­
issued by a credit institution conforming to the                   tities dispatched and the quality of the products ;
criteria laid down by the Member State.
                                                              (b) the date of departure of the vessels ;
                        Article 5                             (c) all possible contingencies which might occur
The common wheat referred to in Article 1 to be                    during transportation of the products.
supplied to the Islamic Republic of Mauritania must
be of fair and sound merchantable quality and corres­         The information indicated above shall be forwarded
pond at least to the standard quality for which the           by the intervention agency to the Commission imme­
intervention price is fixed, except that the moisture         diately upon receipt.
content shall not exceed 1 5-5 % and that a maximum
of 3 % of sprouted grains and 1 -5 % of miscellaneous
impurities shall be allowed.
                                                                                       Article 7
                        Article 6
 1 . The French intervention agency shall be respon­          This Regulation shall enter into force on the day of its
sible for organizing the invitation to tender provided         publication in the Official Journal of the European
for by this Regulation .                                       Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 21 February 1975.
                                                                          For the Commission
                                                                            P.J. LARDINOIS
                                                                      Member of the Commission