CELEX: 31973R1903
Language: en
Date: 1973-07-13 00:00:00
Title: Regulation (EEC) No 1903/73 of the Commission of 13 July 1973 opening a new invitation to tender for the mobilization of common wheat and maize as food aid for the Islamic Republic of Mauritania

16 . 7 . 73                                Official Journal of the European Communities                            No L 195 /21
                              REGULATION (EEC) No 1903/73 OF THE COMMISSION
                                                           of 13 July 1973
                opening a new 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, in the case of cereals held by intervention
COMMUNITIES ,                                                         agencies, an invitation to tender must be issued in
                                                                      respect of the loading, transport and delivery cif, that
Having regard to the Treaty establishing the                          is up to the point when presence of the goods in the
European Economic Community ;                                         ship's hold at the port of unloading is verified;
Having regard to Council Regulation No                                Whereas, as far as the maize is concerned, the
120/67/EEC (*) of 13 June 1967 on the common                          proposed invitation to tender should be for the
organization of the market in cereals, as last amended                supply of the product delivered cif, that is up to the
by Regulation (EEC) No 1346/73 (2);                                   point when presence of the goods in the ship's hold
                                                                      at the port of unloading is verified ;
Having regard to Council Regulation (EEC) No
1693/72 (3) of 3 August 1972 laying down the                          Whereas the award under the invitation to tender
conditions for the mobilization of cereals as food aid,               must be made in favour of the tenderer offering the
and in particular Article 6 thereof;                                  best terms ;
Whereas on 12 March 1973 the Council of the                           Whereas, should force majeure make it impossible to
European Communities declared that by way of                          complete the operation in question within the
Community action it proposed to grant the Islamic                     prescribed time limits it must be made clear who is to
Republic of Mauritania 3 000 metric tons of common                    bear the liability for any resulting costs ;
wheat and 2 000 metric tons of maize under its
1972/73 food aid programme ;                                          Whereas provision should be made for security to be
                                                                      given for the purpose of guaranteeing that obligations
Whereas the invitation to tender opened in the                        arising by virtue of participation in the invitation to
Community under Commission Regulation (EEC) No                        tender for supplies to the Islamic Republic of
1758/73 (4) of 29 June 1973 opening an invitation to                  Mauritania will be fulfilled ;
tender for the mobilization of common wheat and
maize as food aid for the Islamic Republic of                         Whereas the French intervention agency should, in
Mauritania was not allocated ; whereas a new                          any event, be made responsible for the tendering
invitation to tender should therefore be opened ;                     procedure;
Whereas examination of the state of the cereals                       Whereas the Commission must be informed quickly
market as regards intervention in France indicates                    of the tenders submitted in response to the invitation
that Article 3 (2) of Council Regulation (EEC) No                     and of those accepted by the intervention agency;
1693/72 should be given application, and in
particular that the common wheat stocked in the                       Whereas the measures provided for in this Regulation
storage depots of the intervention agency of the                      are in accordance with the Opinion of the
abovementioned Member State should be mobilized
                                                                      Management Committee for Cereals;
and the terms of mobilization laid down ;
Whereas examination of the state of the Community                     HAS ADOPTED THIS REGULATION :
cereals market indicates that the criteria of Article 3
(3 ) of Council Regulation (EEC) No 1693/72 should
be given application and that, the maize should be                                            Article 1
purchased on the Community market;
                                                                      1. Tenders are hereby invited for the supply to the
                                                                      Islamic Republic of Mauritania, by way of
(*)  OJ   No 117, 19. 6. 1967, p. 2269/67.                            Community food aid action :
(2)  OJ   No L 141, 28 . 5. 1973, p. 8 .                              3 000 metric tons of common wheat and
(8)  OJ   No L 178, 5. 8. 1972, p. 3 .
(4)  OJ   No L 176, 30. 6. 1973, p. 78.                               2 000 metric tons of maize.
 ---pagebreak---  No L 195 /22                       Official Journal of the European Communities                               16 . 7. 73
As far as the common wheat is concerned, the                                           Article 3
invitation to tender relates to the cost of putting up
in sacks, loading, transport, and delivery fob (sea            The contract shall be awarded to the tenderer who
port) and delivery cif (port of unloading).                    makes the most favourable offer.
As far as the maize is concerned, the invitation to
tender relates to the supply of the product delivered         However, if the tenders submitted do not appear to
cif.                                                           correspond to normal market prices and costs, the
                                                               intervention agency may cancel the invitation to
 2.   The tendering procedure shall take place in              tender.
France in two lots .
The common wheat is to be collected from the
French intervention agency at the depots listed in                                      Article 4
Annex 1 .
The maize shall be mobilized on the Community                  1 . The successful tenderer shall give security of 10
market.                                                        units of account per metric ton of common wheat
                                                               and 5 units of account per metric ton of maize; the
The products shall be loaded for departure from a              security is intended to guarantee that the operations
Community port.                                                specified in Article 1 are duly completed.
3 . The invitation to tender provided for in
paragraph 1 is for the supply of the products                  The security shall be forfeit if those operations are,
delivered cif, that is at the moment when the presence         not carried out within the prescribed time limit save
of the goods in the ship's hold at the port of                 as regards quantities not delivered owing to force
unloading is verified.                                         majeure.
The recipient country shall bear all costs subsequent
                                                               2. The security provided for in paragraph 1 may
to delivery of the goods, including unloading charges          be given in form of a cash deposit or of a guarantee
(such as unstowing, hoisting and reception) and any
lighterage charges.
                                                               issued by a credit institution conforming to the
                                                               criteria laid down by the Member State.
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                                       Article 5
arrangements relating thereto laid down in the
contract between the authorized agent of the
 Community and the carrier must have been agreed               1 . The products specified in Article 1 to be sup­
upon in advance by the authorized agent and the                plied to the Islamic Republic of Mauritania must
receiving agent of the recipient country.                      meet the following requirements :
4. Successful tenderers shall deliver the products             Common wheat:
specified in paragraph 1 cif to the port indicated in
Annex 2, in new jute sacks of a net capacity of 50
kilogrammes.                                                   must be of fair and sound merchantable quality and
                                                               correspond at least to the standard quality for which
The following shall be printed on the sacks :                  the intervention price is fixed, except that the
' FROMENT TENDRE — DON DE LA COMMU­                            humidity shall not exceed 15·5 %           and that a
NAUTÉ ÉCONOMIQUE EUROPÉENNE'                                   maximum tolerance of 3 % of sprouted grains and
'MAÏS — DON DE LA COMMUNAUTÉ ÉCONO­                            1 % of miscellaneous impurities shall be allowed.
 MIQUE EUROPÉENNE'.
                                                              Maize:
                         Article 2
                                                               must be of fair and sound merchantable quality, free
                                                               from odour, and correspond at least to the standard
1.    The decision on tenders received in response to          quality for which the intervention price is fixed.
the invitation provided for in Article 1 shall be taken
on 27 July 1973 .                                             If the products specified in Article 1 do not meet the
                                                               foregoing requirements they shall be rejected and the
2. The closing date for submission of tenders shall            successful tenderer shall be owner thereof.
be 27 July 1973 at 12 noon.
3.    The notice of invitation to tender shall be              2. Tenders for the supply to the Islamic Republic
published in the Official Journal of the European              of Mauritania of the products specified in Article 1
Communities at least seven days before the closing             must relate to to products with the following
date for submission of tenders .                               characteristics :
 ---pagebreak--- 16. 7. 73                              Official Journal of the European Communities                               No L 195/23
Common wheat:                                                      each tender, together with the name and business
                                                                   name of the successful tenderer.
must be of fair and sound merchantable quality and
correspond at least to the standard quality for which
the intervention price is fixed, except that the                    3 . The intervention agency shall request the
humidity shall not exceed 15·5 % and that a                        successful tenderer to supply the following
                                                                   information :
maximum tolerance of 3 % of sprouted grains and
1 % of miscellaneous impurities shall be allowed.                   ( a) after each shipment, a certificate showing the
                                                                          quantities dispatched, the quality of the products
Maize:                                                                    and the type of packing;
must be of fair and sound merchantable quality, free                (b ) the date of departure of the ships, the estimated
from odour, and correspond at least to the standard                       date of the arrival of the products at their
quality for which the intervention price is fixed.                        destination;
                                                                    (c) any incidents likely to occur during transport of
                                                                          the products.
                         Article 6
                                                                    The information indicated above shall be forwarded
                                                                    by the intervention agency to the Commission
1 . The French intervention agency shall be                         immediately upon receipt.
responsible for operations relating to the invitation to
tender provided for by this Regulation.                                                          Article 7
2.     It  shall    forthwith     communicate       to   the        This Regulation shall enter into force on the day of
Commission the list of firms, which have responded                   its publication in the Official Journal of the
to the invitation to tender, specifying the terms of                European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 13 July 1973 .
                                                                                            For the Commission
                                                                                                The President
                                                                                          François-Xavier ORTOLI
                                                           ANNEX 1
     Number of lot            Port of shipment            Tonnage fob                 Address of store        Town at which stored
          1             Community ports                      3 000            Magasins de Gennevilliers       Gennevilliers
                                                          ANNEX 11
     Number of lot              Port of unloading                        Minimum rate of unloading                Tonnage cif
          1                                                                                                         3 000 t
                           Nouakchott                         Customs of the port
          2                                                                                                         2 000 t