31975R0182

No L 20 / 18 Official Journal of the European Communities 25 . 1 . 75

REGULATION ( EEC) No 182 / 75 OF THE COMMISSION of 24 January 1975 opening a new invitation to tender for the mobilization of common wheat as food aid for the Islamic Republic of Mauritania

THE COMMISSION OF THE EUROPEAN Whereas provisions should be made for security to be COMMUNITIES, given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ tion to tender for supplies to the Islamic Republic of Having regard to the Treaty establishing the European Mauritania will be fulfilled ; Economic Community ;

Whereas the French intervention agency should be Having regard to Council Regulation No 120/ made responsible for the tendering procedure in ques­ 67/ EEC (') of 13 June 1967 on the common organiza­ tion ; tion of the market in cereals, as last amended by Regu­ lation (EEC) No 85 /75 (?) ; Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to Council Regulation (EEC) No and of those accepted by the intervention agency ; 1 693/72 (3) of 3 August 1972 laying down the condi­ tions for the mobilization of cereals as food aid , and in particular Article 6 thereof ; Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ Whereas on 21 March 1974 the Council of the Euro­ ment Committee for Cereals , pean Communities declared by way of Community action it proposed to grant the Islamic Republic of Mauritania 4 000 metric tons of common wheat under its 1973/74 food-aid programme ; HAS ADOPTED THIS REGULATION : Whereas the invitation to tender opened in the Community under Commission Regulation (EEC) No 2596/74 (4 ) of 11 October 1974 opening an invitation Article 1 to tender for the mobilization of common wheat as aid to Mauritania was not allocated ; whereas a new invitation to tender should therefore be opened ; 1 . Tenders are hereby invited for the supply to the Islamic Republic of Mauritania by way of Community food-aid action of 4 000 metric tons of common Whereas pursuant to Article 3 (3) of Council Regula­ wheat . tion ( EEC) No 1693/ 72 the goods may be purchased anywhere on the Community market ; 2 . The tendering procedure shall take place in France in two lots . The product shall be mobilized on Whereas the proposed invitation to tender should be the Community market . The product shall be loaded for supply of the products delivered cif, that is at the for departure from any Community port . moment when the goods are actually removed from the ship's hold at the port of unloading ; 3 . The invitation to tender provided for in para­ Whereas the award under the invitation to tender graph 1 is for supply of products delivered cif, that is at the moment when the goods are actually removed must be made in favour of the tenderer offering the best terms ; from the ship 's hold at the port of unloading.

Whereas, should force niiijenre make it impossible to 4 . The successful tenderer shall deliver the product complete the operation in question within the set specified in paragraph 1 cif to the port of Nouakchott time limits, it should be made clear who is to bear the in new jute sacks of a net capacity of 50 kilogrammes. liability, for any resulting costs ; 'File following shall be printed on the sacks : (') OJ No 117, 19 . 6 . 1967, p. 2269 / 67 . (•?) OJ No L 11 , 16 . 1 . 1975, p. 1 . 0 OJ No L 178 , 5 . 8 . 1972 , p. 3 . ' Froment — Don de la Communaute economique (4 ) OJ No L 277, 12 . 10 . 1974, p. 25 . europeenne -— Distribution gratuite .'

25 . 1 . 75 No L 20/ 19 Official Journal of the European Communities

Article2¶

1 . The decision on tenders received in response to 1 . The French intervention agency shall be respon­ the invitation provided for in Article 1 shall be taken sible for organizing the invitation to tender provided on 7 February 1975 . for by this Regulation . 2. The closing date for submission of tenders shall 2 . It shall forthwith communicate to the Commis­ be 7 February 1975 at 12 noon . sion the list of firms which have responded to the invi­ 3 . The notice of invitation to tender shall be tation to tender, specifying the terms of each tender, together with the name and business name of the published in the Official Journal of the European successful tenderer . Communities not less than nine days before the closing date for submission of tenders . 3 . On the other hand , if the successful tenderer is established in a Member State other than the one Article 3 collecting the tenders, and if the product is dispatched The contract shall be awarded to the tenderer who through a frontier post of the Member State where the successful tenderer is established , the intervention offers the most favourable terms . If it appears, however, that the tenders submitted do not reflect agency of the latter Member State shall be responsible normal market prices and rates, the intervention for the operations relating to the tendering. agency may cancel the invitation to tender. In this case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ Article 4 vention agency of the Member State concerned and 1 . The successful tenderer shall give security in an shall supply it with all the information which it may require . amount of five units of account per metric ton of goods ; the purpose of such security is to guarantee 4. The intervention agency shall request the performance of the operations specified in Article 1 . successful tenderer to supply the following informa­ The security shall be forfeit if those operations are not tion : carried out within the time stipulated, save as regards quantities not delivered for reasons of force majeure. (a) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; 2 . The security referred to in paragraph 1 may be given in the form of a cash deposit or of a guarantee (b) the date of departure of the vessels ; issued by a credit institution conforming to the (c) all possible contingencies which might occur criteria laid down by the Member State . > during transportation of the products. Article 5 The information indicated above shall be forwarded The common wheat referred to in Article 1 to be by the intervention agency to the Commission imme­ diately upon receipt. supplied to the Islamic Republic of Mauritania must be of fair and sound merchantable quality and corres­ pond at least to the standard quality for which the Article 7 intervention price is fixed , except that the moisture content shall not exceed 15-5 % and that a maximum This Regulation shall enter into force on the day of its of 3 % of sprouted grains and 1-5 % of miscellaneous publication in the Official Journal of the European Communities. impurities shall be allowed .

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

Done at Brussels , 24 January 1975 .

I:or the Commission The President

François-Xavier ORTOLI