31973R1903

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 Community food aid action : (*) OJ No 117, 19. 6. 1967, p. 2269/67. (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.

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 However, if the tenders submitted do not appear to tender relates to the supply of the product delivered 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 The security shall be forfeit if those operations are, paragraph 1 is for the supply of the products not carried out within the prescribed time limit save delivered cif, that is at the moment when the presence as regards quantities not delivered owing to force of the goods in the ship's hold at the port of majeure. unloading is verified. 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 issued by a credit institution conforming to the lighterage charges. 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 plied to the Islamic Republic of Mauritania must upon in advance by the authorized agent and the meet the following requirements : receiving agent of the recipient country.

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 1 % of miscellaneous impurities shall be allowed. 'MAÏS — DON DE LA COMMUNAUTÉ ÉCONO­ 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 :

16 . 7. 73 No L 195 /23 Official Journal of the European Communities

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 3 . The intervention agency shall request the the intervention price is fixed, except that the successful tenderer to supply the following humidity shall not exceed 15·5 % and that a 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 immediately upon receipt. 1 . The French intervention agency shall be responsible for operations relating to the invitation to Article 7 tender provided for by this Regulation.

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