31975R0433

22 . 2. 75 Official Journal of the European Communities No L 48 / 13

REGULATION (EEC) No 433/75 OF THE COMMISSION of 21 February 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 ( 1 ) 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 (2) ; Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to Council Regulation (EEC) No 1693/72 (3) of 3 August 1972 laying down the condi­ Whereas the measures provided for in this Regulation tions for the mobilization of cereals as food aid, and are in accordance with the Opinion of the Manage­ in particular Article 6 thereof ; ment Committee for Cereals,

Whereas on 21 March 1974 the Council of the Euro­ pean Communities declared by way of Community action it proposed to grant the Islamic Republic of HAS ADOPTED THIS REGULATION : Mauritania 4 000 metric tons of common wheat under its 1973/74 food-aid programme ; Article 1 Whereas the invitation to tender opened in the 1 . Tenders are hereby invited for the supply to the Community under Commission Regulation (EEC) No Islamic Republic of Mauritania by way of Community 182/75 (4) of 24 January 1975 opening an invitation to food-aid action of 4 000 metric tons of common tender for the mobilization of common wheat as aid wheat . to Mauritania was not allocated ; whereas a new invita­ tion to tender should therefore be opened ; 2. The tendering procedure shall take place in France in two lots. The product shall be mobilized on Whereas pursuant to Article 3 (3) of Council Regula­ the Community market. The product shall be loaded tion (EEC) No 1693/72 the goods may be purchased for the departure from any Community port. anywhere on the Community market ; 3 . The invitation to tender provided for in para­ graph 1 is for supply of products delivered cif, that is Whereas the proposed invitation to tender should be at the moment when the goods are actually removed for supply of the products delivered cif, that is at the from the ship's hold at the port of unloading. moment when the goods are actually removed from the ship's hold at the port of unloading ; 4. The successful tenderer shall deliver the product specified in paragraph 1 cif to the port of Nouakchott Whereas the award under the invitation to tender in new jute sacks of a net capacity of 50 kilogrammes. must be made in favour of the tenderer offering the best terms ; The following shall be printed on the sacks :

Froment — Don de la Communauté économique Whereas, should force majeure make it impossible to européenne — Distribution gratuite .' complete the operation in question within the set time limits, it should be made clear who is to bear the liability for any resulting costs ; Article 2

(•) OJ No 117, 19 . 6. 1967, p. 2269/67. 1 . The decision on tenders received in response to (2) OJ No L 11 , 16. 1 . 1975, p. 1 . (3 ) OJ No L 178 , 5. 8 . 1972, p. 3 . the invitation provided for in Article 1 shall be taken (4) OJ No L 20 , 25. 1 . 1975, p. 18 . on 7 Mnrch 1975 .

No L 48 / 14 22 . 2. 75 Official Journal of the European Communities

2. It shall forthwith communicate to the Commis­ 2. The closing date for submission of tenders shall be 7 March 1975 at 12 noon . sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, 3 . The notice of invitation to tender shall be 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 offers the most favourable terms. If it appears, successful tenderer is established, the intervention 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 Article 4 successful tenderer shall immediately inform the inter­ 1 . The successful tenderer shall give security in an vention agency of the Member State concerned and amount of five units of account per metric ton of shall supply it with all the information which it may goods ; the purpose of such security is to guarantee require. performance of the operations specified in Article 1 . The security shall be forfeit if those operations are not 4. The intervention agency shall request the carried out within the time stipulated save as regards successful tenderer to supply the following informa­ quantities not delivered for reasons of force majeure. tion : 2. The security referred to in paragraph 1 may be given in the form of a cash deposit or of a guarantee (a) after each shipment a certificate showing the quan­ issued by a credit institution conforming to the tities dispatched and the quality of the products ; criteria laid down by the Member State. (b) the date of departure of the vessels ; Article 5 (c) all possible contingencies which might occur during transportation of the products. The common wheat referred to in Article 1 to be supplied to the Islamic Republic of Mauritania must be of fair and sound merchantable quality and corres­ The information indicated above shall be forwarded pond at least to the standard quality for which the by the intervention agency to the Commission imme­ intervention price is fixed, except that the moisture diately upon receipt. content shall not exceed 1 5-5 % and that a maximum of 3 % of sprouted grains and 1 -5 % of miscellaneous impurities shall be allowed. Article 7 Article 6

1 . The French intervention agency shall be respon­ This Regulation shall enter into force on the day of its sible for organizing the invitation to tender provided publication in the Official Journal of the European for by this Regulation . Communities.

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

Done at Brussels, 21 February 1975 .

For the Commission P.J. LARDINOIS Member of the Commission