CELEX: 31973R1758
Language: en
Date: 1973-06-29 00:00:00
Title: Regulation (EEC) No 1758/73 of the Commission of 29 June 1973 opening an invitation to tender for the mobilization of common wheat and maize as food aid for the Islamic Republic of Mauritania

No L 176/78                              Official Journal of the European Communities                                 30 . 6. 73
                                  REGULATION (EEC) No 1758/73 OF THE COMMISSION
                                                           of 29 June 1973
               opening an invitation to tender for the mobilization of common wheat and maize as
                                           food aid for the Islamic Republic of Mauritania
 THE COMMISSION OF THE EUROPEAN                                       Whereas, should force majeure make it impossible
 COMMUNITIES,                                                         to complete the operation in question within the
                                                                       prescribed time limits it must be made clear who
Having regard to the Treaty establishing the Euro­                     is to bear the liability for any resulting costs ;
 pean Economic Community ;
Having regard to Council Regulation No 120/67/                        Whereas provision should be made for security to
EEC (*) of 13 June 1967 on the common organization                     be given for the purpose of guaranteeing that obli­
of the market in cereals, as last amended by Regu­                    gations arising by virtue of participation in the
lation (EEC) No 1346/73 (2 ) ;                                        invitation to tender for supplies to the Islamic Re­
                                                                       public of Mauritania will be fulfilled ;
Having regard to Council Regulation ( EEC) No 1693 /
72 (3) of 3 August 1972 laying down the conditions                    Whereas the French intervention agency should, in
for the mobilization of cereals as food aid, and in                   any event, be made responsible for the tendering
particular Article 6 thereof ;                                        procedure ;
Whereas on 12 March 1973 the Council of the
                                                                      Whereas the Commission must be informed quickly
European Communities declared that by way of
                                                                      of the tenders submitted in response to the invitation
Community action it proposed to grant the Islamic
                                                                       and of those accepted by the intervention agency ;
Republic of Mauritania 3 000 metric tons of
common wheat and 2 000 metric tons of maize
under its 1972/73 food aid programme ;                                Whereas the measures provided for in this Regu­
                                                                      lation are in accordance with the Opinion of the
Whereas examination of the state of the cereals                       Management Committee for Cereals ;
market as regards intervention in France indicates
that Article 3 (2) of Council Regulation ( EEC) No
1693/72 should be given application, and in parti­
cular that the common wheat stocked in the storage                    HAS ADOPTED THIS REGULATION :
depots of the intervention agency of the above­
mentioned Member State should be mobilized and
the terms of mobilization laid down ;                                                            Article 1
Whereas examination of the state of the Community                     1 . Tenders are hereby invited for the supply to
cereals market indicates that the criteria of Article 3               the Islamic Republic of Mauritania, by way of
( 3 ) of Council Regulation (EEC) No 1693 /72 should                  Community food aid action :
be given application and that, the maize should be
purchased on the Community market ;                                   3 000 metric tons of common wheat and
Whereas, in the case of cereals held by intervention                  2 000 metric tons of maize .
agencies, an invitation to tender must be issued in
respect of the loading, transport and delivery cif,                   As far as the common wheat is concerned, the
that is up to the point when presence of the goods                    invitation to tender relates to the cost of putting up
in the ship 's hold at the port of unloading is verified ;            in sacks , loading, transport, and delivery fob ( sea
                                                                      port) and delivery cif (port of unloading).
Whereas, as far as the maize is concerned , the
proposed invitation to tender should be for the
                                                                      As far as the maize is concerned, the invitation to
supply of the product delivered cif, that is up to
                                                                      tender relates to the supplv of the product delivered
the point when presence of the goods in the ship's                    cif.
hold at the port of unloading is verified ;
Whereas the award under the invitation to tender                      2.     The tendering procedure shall take in France
must be made in favour of the tenderer offering                       in two lots .
the best terms :
                                                                      The common wheat is to be collected from the
(>) OJ No 117, 19 . 6 . 1967 , p . 2269 / 67 .                        French intervention agency at the depots listed in
( 2 ) OJ No L 141 , 28 . 5 . 1973 , p . S.
                                                                      Annex 1 .
(;t ) OJ No L 178 , 5 . 8 . 1972 , p . 3 .
 ---pagebreak--- 30. 6. 73                          Official Journal of the European Communities                          No L 176/79
The maize shall be mobilized on the Community                and 5 units of account per metric ton of maize ;
market.                                                      the security is intended to guarantee that the
The products shall be loaded for departure from a            operations specified in Article 1 are duly completed.
Community port.
                                                             The security shall be forfeit if those operations are*
3. The invitation to tender provided for in para­            not carried out within the prescribed time limit save
graph 1 is for the supply of the products delivered          as regards quantities not delivered owing to force
cif, that is at the moment when the presence of the          majeure.
goods in the ship's hold at the port of unloading is
verified.                                                    2. The security provided for in paragraph 1 may
                                                             be given in form of a cash deposit or of a guarantee
The recipient country shall bear all costs subsequent        issued by a credit institution conforming to the
to delivery of the goods, including unloading charges        criteria laid down by the Member State .
(such as unstowing, hoisting and reception) and any
lighterage charges.
                                                                                     Article 5
Any demurrage costs or dispatch money at the port
of unloading shall be a charge on or for the benefit
of the recipient country. The rates and detailed             1.     The products specified in Article 1 to be
arrangements relating thereto laid down in the               supplied to the Islamic Republic of Mauritania must
contract between the authorized agent of the Com­            meet the following requirements :
munity and the carrier must have been agreed upon
in advance by the authorized agent and the receiving
                                                             Common wheat :
agent of the recipient country.
4. Successful tenderers shall deliver the products           must be of fair and sound merchantable quality and
specified in paragraph 1 cif to the port indicated           correspond at least to the standard quality for which
in Annex 2, in new jute sacks of a net capacity of           the intervention price is fixed, except that the humi­
50 kilogrammes.                                              dity shall not exceed 15-5 %> and that a maximum
The following shall be printed on the sacks :                tolerance of 3 °/o of sprouted grains and 1 °/o of
                                                             miscellaneous impurities shall be allowed .
' Froment tendre — Don de la Communauté écono­
mique européenne'
                                                              Maize :
'Maïs — Don de la Communauté économique euro­
péenne'                                                       must be of fair and sound merchantable quality, free
                                                              from odour, and correspond at least to the standard
                         Article 2                            quality for which the intervention price is fixed.
 1.    The decision on tenders received in response to        If the products specified in Article 1 do not meet
 the invitation provided for in Article 1 shall be taken      the foregoing requirements they shall be rejected and
                                                              the successful tenderer shall be owner thereof .
 on 10 July 1973 .
2. The closing date for submission of tenders                 2.    Tenders for the supply to the Islamic Republic
 shall be 10 July 1973 at 12 noon .                           of Mauritania of the products specified in Article 1
                                                              must relate to to products with the following
 3.    The notice of invitation to tender shall be            characteristics :
 published in the Official Journal of the European
 Communities at least seven days before the closing
 date for submission of tenders .                              Common ivheat :
                         Article 3
                                                               must be of fair and sound merchantable quality and
                                                               correspond at least to the standard quality for which
 The contract shall be awarded to the tenderer who             the intervention price is fixed, except that the humi­
  makes the most favourable offer.                            dity shall not exceed 15-5 °/o and that a maximum
                                                              tolerance of 3 °/o of sprouted grains and 1 °/o of
  However, if the tenders submitted do not appear              miscellaneous impurities shall be allowed .
  to correspond to normal market prices and costs,
  the intervention agency may cancel the invitation to
  tender .                                                     Maize :
                         Article 4                             must be of tail" and sound merchantable quality,
                                                              free from odour, and correspond at least to the
  1.    The successful tenderer shall give security of        standard quality for which the intervention price is
   10 units of account per metric ton of common wheat          fixed .
 ---pagebreak---  No L 176/80                         Official Journal of the European Communities                                  30. 6. 73
                         Article 6                                 (b) the date of departure of the ships, the estimated
                                                                       date of the arrival of the products at their
1 . The French intervention agency shall be                            destination ;
responsible for operations relating to the invitation
to tender provided for by this Regulation.                        (c) any incidents likely to occur during transport of
                                                                       the products.
2. It shall forthwith communicate to the Com­
mission the list of firms which have responded to
                                                                  The information indicated above shall be forwarded
the invitation to tender, specifying the terms of each
tender, together with the name and business name of               by the intervention agency to the Commission
the successful tenderer.                                          immediately upon receipt.
3. The intervention agency shall request the
successful tenderer to supply the following infor­                                            Article 7
mation :
(a) after each shipment, a certificate showing the                This Regulation shall enter into force on the day of
    quantities dispatched, the quality of the products            its publication in the Official Journal of the Euro­
    and the type of packing ;                                     pean Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 29 June 1973 .
                                                                            For the Commission
                                                                                The President
                                                                           Francois-Xavier ORTOLI
                                                        ANNEX I
                                                                                                           Town at which
    Number of lot             Port of shipment          Tonnage fob                Address of store            stored
         1             Community ports                    3 000 t           Magasins de Gennevilliers   Gennevilliers
                                                        ANNEX II
    Number of lot             Port of unloading      j            Minimum rate of unloading                Tonnage cif
                                                      I
                                                      I
         1
         2
                        j Nouackhott                 j
                                                      I
                                                      I
                                                        Customs of the port
                                                                                                            3 000 t
                                                                                                            2 000 t
                                                     !