CELEX: 31975R0182
Language: en
Date: 1975-01-24 00:00:00
Title: Regulation (EEC) No 182/75 of the Commission of 24 January 1975 opening a new invitation to tender for the mobilization of common wheat as food aid for the Islamic Republic of Mauritania

No L 20 / 18                             Official Journal of the European Communities                             25 . 1 . 75
                               REGULATION (EEC) No 182/75 OF THE COMMISSION
                                                        of 24 January 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 ;
 Having regard to Council Regulation No 120/                         Whereas the French intervention agency should be
 67/EEC (') of 13 June 1967 on the common organiza­                  made responsible for the tendering procedure in ques­
                                                                     tion ;
 tion of the market in cereals, as last amended by Regu­
 lation (EEC) No 85/75 (?) ;
                                                                    Whereas the Commission must be informed quickly
 Having regard to Council Regulation (EEC) No                       of the tenders submitted in response to the invitation
 1 693/72 (3) of 3 August 1972 laying down the condi­                and of those accepted by the intervention agency ;
 tions for the mobilization of cereals as food aid , and
 in particular Article 6 thereof ;                                  Whereas the measures provided for in this Regulation
                                                                     are in accordance with the Opinion of the Manage­
Whereas on 21 March 1974 the Council of the Euro­                    ment Committee for Cereals ,
 pean Communities declared by way of Community
 action it proposed to grant the Islamic Republic of
Mauritania 4 000 metric tons of common wheat under
 its 1973/74 food-aid programme ;
                                                                     HAS ADOPTED THIS REGULATION :
Whereas the invitation to tender opened in the
 Community under Commission Regulation (EEC) No
 2596/74 (4) of 11 October 1974 opening an invitation                                        Article 1
to tender for the mobilization of common wheat as
aid to Mauritania was not allocated ; whereas a new
invitation to tender should therefore be opened ;                    1 . Tenders are hereby invited for the supply to the
                                                                     Islamic Republic of Mauritania by way of Community
                                                                     food-aid   action of 4 000    metric tons  of common
Whereas pursuant to Article 3 (3) of Council Regula­                wheat .
tion ( EEC) No 1693/ 72 the goods may be purchased
anywhere on the Community market ;
                                                                     2 . The tendering procedure shall take place in
Whereas the proposed invitation to tender should be                  France in two lots . The product shall be mobilized on
for supply of the products delivered cif, that is at the            the Community market . The product shall be loaded
moment when the goods are actually removed from                     for departure from any Community port .
the ship's hold at the port of unloading ;
                                                                    3 . The invitation to tender provided for in para­
Whereas the award under the invitation to tender                    graph 1 is for supply of products delivered cif, that is
must be made in favour of the tenderer offering the                 at the moment when the goods are actually removed
best terms ;                                                         from the ship 's hold at the port of unloading.
Whereas, should force niiijenre make it impossible to               4. The successful tenderer shall deliver the product
complete the operation in question within the set                   specified in paragraph 1 cif to the port of Nouakchott
time limits, it should be made clear who is to bear the             in new jute sacks of a net capacity of 50 kilogrammes.
liability, for any resulting costs ;
                                                                    'File following shall be printed on the sacks :
(')  OJ No   117, 19 . 6 . 1967, p. 2269 / 67 .
(•?) OJ No  L 11 , 16 . 1 . 1975, p. 1 .
0    OJ No  L 178 , 5 . 8 . 1972 , p. 3 .                           ' Froment — Don de la Communaute economique
(4 ) OJ No  L 277, 12 . 10 . 1974, p. 25 .                          europeenne -— Distribution gratuite .'
 ---pagebreak--- 25 . 1 . 75                          Official Journal of the European Communities                          No L 20/ 19
                          Article 2                                                       Article 6
1 . The decision on tenders received in response to             1 . The French intervention agency shall be respon­
the invitation provided for in Article 1 shall be taken         sible for organizing the invitation to tender provided
on 7 February 1975 .                                            for by this Regulation .
2. The closing date for submission of tenders shall             2.     It shall forthwith communicate to the Commis­
be 7 February 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,
published in the Official Journal of the European               together with the name and business name of the
                                                               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
                                                               established in a Member State other than the one
                          Article 3
                                                               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.
                                                                In this case, the intervention agency choosing the
                          Article 4
                                                               successful tenderer shall immediately inform the inter­
                                                               vention agency of the Member State concerned and
1 . The successful tenderer shall give security in an          shall supply it with all the information which it may
amount of five units of account per metric ton of              require.
goods ; the purpose of such security is to guarantee
performance of the operations specified in Article 1 .         4. The intervention agency shall request the
The security shall be forfeit if those operations are not      successful tenderer to supply the following informa­
                                                               tion :
carried out within the time stipulated, save as regards
quantities not delivered for reasons of force majeure.         (a) after each shipment a certificate showing the quan­
2. The security referred to in paragraph 1 may be                   tities dispatched and the quality of the products ;
given in the form of a cash deposit or of a guarantee          (b) the date of departure of the vessels ;
issued by a credit institution conforming to the
criteria laid down by the Member State .                       (c) all possible contingencies which might occur
                   >                                                during transportation of the products.
                          Article 5                            The information indicated above shall be forwarded
The common wheat referred to in Article 1            to be     by the intervention agency to the Commission imme­
supplied to the Islamic Republic of Mauritania must            diately upon receipt.
be of fair and sound merchantable quality and corres­
pond at least to the standard quality for which the                                       Article 7
intervention price is fixed , except that the moisture
content shall not exceed 15-5 % and that a maximum             This Regulation shall enter into force on the day of its
of 3 % of sprouted grains and 1-5 % of miscellaneous           publication in the Official Journal of the European
impurities shall be allowed .                                   Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 24 January 1975 .
                                                                           I:or the Commission
                                                                               The President
                                                                          François-Xavier ORTOLI