31973R1758

No L 176/78 30 . 6. 73 Official Journal of the European Communities

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 ; Whereas provision should be made for security to Having regard to Council Regulation No 120/67/ be given for the purpose of guaranteeing that obli­ EEC (*) of 13 June 1967 on the common organization 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 Whereas the measures provided for in this Regu­ under its 1972/73 food aid programme ; 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 2 000 metric tons of maize . Whereas, in the case of cereals held by intervention 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 .

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 tolerance of 3 °/o of sprouted grains and 1 °/o of The following shall be printed on the sacks : 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. If the products specified in Article 1 do not meet 1 . The decision on tenders received in response to the foregoing requirements they shall be rejected and the invitation provided for in Article 1 shall be taken 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 :

must be of fair and sound merchantable quality and Article 3 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 .

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 by the intervention agency to the Commission tender, together with the name and business name of immediately upon receipt. the successful tenderer.

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 j 3 000 t I Customs of the port 2 j Nouackhottt 2 000 t

I !