31974R2596

12 . 10 . 74 Official Journal of the European Communities No L 277 / 25

REGULATION ( EEC) No 2596/74 OF THE COMMISSION of 11 October 1974 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 Whereas the measures provided for in this Regulation COMMUNITIES , are in accordance with the Opinion of the Manage­ ment Committee for Cereals , Having regard to the Treaty establishing the European Economic Community ;

Having regard to Council Regulation No 120/ HAS ADOPTED THIS REGULATION : 67/ EEC (') of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ lation ( EEC) No 1 996/74 (2 ) ; Article 1

Having regard to Council Regulation ( EEC) No 1 . Tenders are hereby invited for the supply to the 1 693/72 (3) of 3 August 1972 laying down the condi­ Islamic Republic of Mauritania by way of Community tions for the mobilization of cereals as food aid , and food aid action of 4 000 metric tons of common in particular Article 6 thereof ; wheat,

Whereas on 21 March 1974 the Council of the Euro­ 2. The tendering procedure shall take place in pean Communities declared that by way of Commu­ France in two lots . The product shall be mobilized on nity action it proposed to grant the Islamic Republic the Community market. The product shall be loaded of Mauritania 4 000 metric tons of common wheat for departure from a Community port. under its 1973/74 food-aid programme ; 3 . The invitation to tender provided for in para­ Whereas pursuant to Article 3 (3) of Council Regula­ graph 1 is for supply of products delivered cif, that is tion ( EEC) No 1693/72 the goods may be purchased at the moment when the goods are actually removed anywhere on the Community market ; from the ship's hold at the port of unloading. Whereas the proposed invitation to tender should be for supply of the products delivered cif, that is at the 4. The successful tenderer shall deliver the product moment when the goods are actually removed from specified in paragraph 1 cif to the port of Nouakchott the ship's hold at the port of unloading ; in new jute sacks of a net capacity of 50 kilogrammes .

Whereas the award under the invitation to tender The following shall be printed on the sacks : must be made in favour of the tenderer offering the ' Froment — Don de la Communaute economique best terms ; europeenne — Distribution gratuite .

Whereas, should force majeure make it impossible to complete the operation in question within the set Article 2 time limits , it should be made clear who is to bear the liability for any resulting costs ; 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken Whereas provisions should be made for security to be on 25 October 1974 . given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ 2 . The closing date for submission of tenders shall tion to tender for supplies to the Islamic Republic of be 25 October 1974 at 12 noon . Mauritania will be fulfilled ; 3 . The notice of invitation to tender shall be Whereas the French intervention agency should be published in the Official Journal of the European made responsible for the tendering procedure in ques­ Communities not less than nine days before the tion ; closing date for submission of tenders . Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Article 3 and of those accepted by the intervention agency ; The contract shall be awarded to the tenderer who (') OJ No 117 , 19 . 6 . 1967 , p . 2269 / 67 . (2 ) OJ No L 209 , 31 . 7 . 1974, p. 1 . offers the most favourable terms . If is appears, (3 ) OJ No L 178 , 5 . 8 . 1972, p. 3 . however, that the tenders submitted do not reflect

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normal market prices and rates, the intervention tation to tender, specifying the terms of each tender, agency may cancel the invitation to tender. together with the name and business name of the successful tenderer. Article 4 3 . On the other hand , if the successful tenderer is established in a Member State other than the one 1 . The successful tenderer shall give security in an amount of five units of account per metric ton of collecting the tenders, and if the product is dispatched goods ; the purpose of such security is to guarantee through a frontier post of the Member State where the successful tenderer is established , the intervention performance of the operations specified in Article 1 . The security shall be forfeit if those operations are not agency of the latter Member State shall be responsible carried out within the time stipulated , save as regards for the operations relating to the tendering. quantities not delivered for reasons of force majeure. In this case, the intervention agency choosing the 2. The security referred to in paragraph 1 may be successful tenderer shall immediately inform the inter­ given in the form of a cash deposit or of a guarantee vention agency of the Member State concerned and issued by a credit institution conforming to the shall supply it with all the information which it may criteria laid down by the Member State . require .

4. The intervention agency shall request the Article 5 successful tenderer to supply the following informa­ The common wheat referred to in Article 1 to be tion : supplied to the Islamic Republic of Mauritania must (a) after each shipment a certificate showing the quan­ be of fair and sound merchantable quality and corres­ tities dispatched and the quality of the products ; pond at least to the standard quality for which the (b) the date of departure of the vessels ; intervention price is fixed, except that the moisture content shall not exceed 15-5 % and that a maximum (c) all possible contingencies which might occur during transportation of the products . of 3 % of sprouted grains and 1-5 % of miscellaneous impurities shall be allowed . The information indicated above shall be forwarded by the intervention agency to the Commission imme­ Article 6 diately upon receipt.

1 . The French intervention agency shall be respon­ Article 7 sible for organizing the invitation to tender provided for by this Regulation . This Regulation shall enter into force on the day of its 2 . It shall forthwith communicate to the Commis­ publication in the Official Journal of the European sion the list of firms which have responded to the invi­ Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 1 1 October 1 974 . For the Commission

The President Francois-Xavier ORTOLI