CELEX: 31975R0947
Language: en
Date: 1975-04-11 00:00:00
Title: Regulation (EEC) No 947/75 of the Commission of 11 April 1975 opening an invitation to tender for the mobilization of common wheat as food aid for the Islamic Republic of Mauritania

No L 91 / 10                        Official Journal of the European Communities                              12. 4. 75
                                REGULATION (EEC) No 947/75 OF THE COMMISSION                            "
                                                        of 11 April 1975
                  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                                   tions arising by virtue of participation in the invita­
    COMMUNITIES,                                                     tion to tender for supplies to the Islamic Republic of
                                                                     Mauritania will be fulfilled ;
    Having regard to the Treaty establishing the European
    Economic Community ;                                             Whereas the French intervention agency should be
                                                                     made responsible for the tendering procedure in ques­
    Having regard to Council Regulation No 120/                      tion ;
    67/EEC (') of 13 June 1967 on the common organiza­
    tion of the market in cereals, as last amended by Regu­         Whereas the Commission must be informed quickly
    lation (EEC) No 85/75 (2);                                       of the tenders submitted in response to the invitation
                                                                     and of those accepted by the intervention agency ;
    Having regard to Council Regulation (EEC) No
    1 693/72 (3) of 3 August 1972 laying down the condi­
   tions for the mobilization of cereals as food aid, and           Whereas the Monetary Committee will be consulted ;
   in particular Article 6 thereof ;                                whereas, in view of the urgency, the measures envis­
                                                                    aged should be adopted in accordance with the condi­
   Whereas on 21 March 1974 the Council of the Euro­                tions laid down in Article 3 (2) of Council Regulation
   pean Communities declared that by way of Commu­                   No -129 (4) on the value of the unit of account and the
   nity action it proposed to grant the Islamic Republic            exchange rates to be applied for the purposes of the
   of Mauritania 7 000 metric tons of common wheat                  common agricultural policy, as last amended by Regu­
   under its 1973/74 food-aid programme ;                           lation (EEC) No 2543/73 (5), and in particular Article
                                                                    3 thereof ;
   Whereas pursuant to Article 3 (3) of Council Regula­
   tion (EEC) No 1693/72 the goods may be purchased                 Whereas the measures provided for in this Regulation
   anywhere on the Community market ;                               are in accordance with the Opinion of the Manage­
                                                                    ment Committee for Cereals,
   Whereas the proposed invitation to tender should be
   for supply of the products delivered cif, that is at the
   moment when the goods are actually removed from
   the ship's hold at the port of unloading ;                       HAS ADOPTED THIS REGULATION :
  Whereas tenders may be submitted by tenderers esta­
   blished in any Member State of the Community and                                         Article 1
   may relate to products mobilized anywhere within
   those. Member States ; whereas, in view of the currency          1 . Tenders are hereby invited for the supply to the
  situation in the Member States and in order to ensure
                                                                    Islamic Republic of Mauritania by way of. Community
   that the tenders are as comparable as possible, account          food-aid action of 7 000 metric tons of common
  should be taken of the effect on each tender of the              wheat .
  currency situation in the Member State in which the
  customs export formalities will be completed ;                    2. The tendering procedure shall take place in
  Whereas the award under the invitation to tender
                                                                    France in three lots. The product shall be mobilized
                                                                   on the Community market. The product shall be
  must be made in favour of the tenderer offering the               loaded for the departure from any Community port.
  best terms ;
  Whereas, should force majeure make.it impossible to              3 . The invitation to tender provided for in para­
' complete the operation in question within the set                graph 1 is for supply of products delivered cif, that is
  time limits, it should be made clear who is to bear the          at the moment when the goods are actually removed
  liability for any resulting costs ;                              from the ship's hold at the port of unloading.
  Whereas provisions should be made for security to be             4. The successful tenderer shall deliver the product
  given for the purpose of guaranteeing that the obliga­           specified in paragraph 1 cif to the port of Nouakchott
                                                                   in new jute sacks of a net capacity of 50 kilogrammes.
  (') OJ No 117, 19. 6. 1967, p. 2269/67.
  (2) OJ No L .11 , 16. 1 . 1975, p. 1 .                           (4) OJ No 106, 30 . 10. 1962, p. 2553/62.
  O OJ No L 178 , 5 . 8 . 1972, p. 3 .                             (5) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak---  12 . 4. 75                        Official Journal of the European Communities                          No L 91 / 11
The following shall be printed on the sacks :                 However, if the tenders submitted do not appear to
' Froment — Don de la Communauté économique                   reflect normal market prices and costs, the interven­
européenne — Distribution gratuite.'                          tion agency may cancel the invitation to tender.
                         Article 2
                                                                                       Article 5
 1 . The decision on tenders received in response to          1 . The tenderer shall give security in an amount of
the invitation provided for in Article 1 shall be taken       five units of account per metric ton of goods.
on 23 April 1975 .                                            It shall be released :
2.      The closing date for submission of tenders shall      — in the case of all tenderers whose tenders are
be 23 April 1975 at 12 noon .                                      unsuccessful or are not accepted, •
3.      The   notice of invitation  to  tender shall  be      — in the case of the successful tenderer, when the
published in the Official Journal of the European                  operations concerned have been carried out within
 Communities not less than nine days before the                    the prescribed time limit and on submission of
closing date for submission of tenders.                            the original export licence duly granted and
                                                                   endorsed by the competent authorities of the
                         Article 3
                                                                   Member State mentioned in the tender pursuant
                                                                   to Article 3 (2),
 1 . The prices offered must be expressed in the              — in the case of the successful tenderer for quantities
currency of the Member State in which the invitation               not supplied by reason of force majeure.
to tender was issued .
                                                              2. The security required under paragraph 1 may be
2. Tenders must in particular mention the Merhber             provided in the form of a cash deposit or of a
State in which the tenderer, in the event of his being        guarantee issued by a credit institution conforming to
declared successful, expects to complete the customs          criteria laid down by each Member State.
export formalities for the products concerned. ■
                                                                                       Article 6
3 . For the purpose of rendering the tenders compar­
able, the prices shall, where appropriate, be corrected       The common wheat referred to in Article 1 to be
by the monetary compensatory amount applicable, on            supplied to the Islamic Republic of Mauritania must
the closing date for submission of tenders to exports         be of fair and sound merchantable quality and corres­
 from the Member State mentioned in the tender
                                                              pond at least to the standard quality for which the
 pursuant to paragraph 2.                                     intervention price is fixed, except that the moisture
Such correction shall be made by :                            content shall not exceed 15-5 % and that a maximum
                                                              of 3 % of sprouted grains and 1-5 % of miscellaneous
— increasing prices which mention a Member State              impurities shall be allowed .
      whose currency has depreciated, •
— reducing prices which mention a Member State                                         Article 7
      whose currency has been revalued .
Such monetary compensatory amount shall, where                 1 . The French intervention agency shall be respon­
appropriate, be converted into the currency of the            sible for organizing the invitation to tender provided
Member State in which the invitation to tender is             for by this Regulation .
 issued using :                                               2.     It shall forthwith communicate to the Commis­
— in the case when the currencies concerned are               sion the list of firms which have responded to the invi­
      kept at any given moment within a band of               tation to tender, specifying the terms of each tender,
      2-25 % , a conversion rate resulting from their         together with the name and business name of the
      central rate,                                           successful tenderer.
— in the other cases, the average of the spot rates of        3 . Where the customs export formalities for the
      the currencies concerned recorded in the Member
                                                              mobilized product are completed in a Member State
      State in which the invitation to tender is issued       other than that in which the invitation to tender is '
      during a period from the Wednesday of one week          issued, the intervention agency of the latter Member
      to the Tuesday of the following week being the          State shall be responsible for the operations following
      period immediately preceding the closing date for       tendering, including payment to the successful
      submission of tenders .                                 tenderer.
                         Article 4                            In such case, the intervention agency choosing the
                                                              successful tenderer shall immediately inform the inter­
The contract shall be awarded to the tenderer offering        vention agency of the Member State concerned and
 the best terms, taking into consideration the adjust­        shall supply it with all the information which it may
 ment referred to in Article 3 (3).                           require.
 ---pagebreak--- No L 91 / 12                       Official Journal of the European Communities                              12. 4. 75
Furthermore, the amount of the successful tender             The information indicated above shall be forwarded
shall be paid after it has been converted using the          by the intervention agency to the Commission imme­
average of the spot rates referred to in the second          diately upon receipt.
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations         5 . When the intervention agency responsible for
relating to the tendering are completed .                    the operations relating to tendering is not the interven­
                                                             tion agency which appoints the successful tenderer, it
4. The intervention agency shall request the                 shall send as soon as possible to the latter the informa­
successful tenderer to supply the following informa­         tion necessary for releasing the security.
tion :
(a) after each shipment a certificate showing the quan­                              Article 8
    tities dispatched and the quality of the products ;
(b) the date of departure of the ships ;                     This Regulation shall enter into force on the day of its
(c) all possible contingencies which might occur             publication in the Official Journal of the European
    during transportation of the products.                    Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 11 April 1975 .
                                                                      For the Commission
                                                                         P.J. LARDINOIS
                                                                   Member of the Commission