31975R0947

No L 91 / 10 Official Journal of the European Communities 12 . 4 . 75

REGULATION (EEC) No 947/75 OF THE COMMISSION "

of 11 April 1975

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 tions arising by virtue of participation in the invita­ COMMUNITIES, tion to tender for supplies to the Islamic Republic of Mauritania will be fulfilled ; Having regard to the Treaty establishing the European Economic Community ; Whereas the French intervention agency should be made responsible for the tendering procedure in ques­ Having regard to Council Regulation No 120/ tion ; 67/EEC (') of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ Whereas the Commission must be informed quickly lation (EEC) No 85/75 (2); of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to Council Regulation (EEC) No 1 693/72 (3) of 3 August 1972 laying down the condi­ Whereas the Monetary Committee will be consulted ; tions for the mobilization of cereals as food aid , and whereas, in view of the urgency, the measures envis­ in particular Article 6 thereof ; aged should be adopted in accordance with the condi­ Whereas on 21 March 1974 the Council of the Euro­ tions laid down in Article 3 (2) of Council Regulation No -129 (4) on the value of the unit of account and the pean Communities declared that by way of Commu­ exchange rates to be applied for the purposes of the nity action it proposed to grant the Islamic Republic of Mauritania 7 000 metric tons of common wheat common agricultural policy, as last amended by Regu­ lation (EEC) No 2543/73 (5), and in particular Article under its 1973/74 food-aid programme ; 3 thereof ;

Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 1693/72 the goods may be purchased Whereas the measures provided for in this Regulation anywhere on the Community market ; are in accordance with the Opinion of the Manage­ ment Committee for Cereals , Whereas the proposed invitation to tender should be for supply of the products delivered cif, that is at the moment when the goods are actually removed from HAS ADOPTED THIS REGULATION : the ship's hold at the port of unloading ;

Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and Article 1 may relate to products mobilized anywhere within those. Member States ; whereas, in view of the currency 1 . Tenders are hereby invited for the supply to the situation in the Member States and in order to ensure Islamic Republic of Mauritania by way of. Community that the tenders are as comparable as possible, account food-aid action of 7 000 metric tons of common should be taken of the effect on each tender of the wheat . currency situation in the Member State in which the customs export formalities will be completed ; 2. The tendering procedure shall take place in France in three lots. The product shall be mobilized Whereas the award under the invitation to tender on the Community market. The product shall be must be made in favour of the tenderer offering the loaded for the departure from any Community port. best terms ;

3 . The invitation to tender provided for in para­ Whereas, should force majeure make.it impossible to graph 1 is for supply of products delivered cif, that is ' complete the operation in question within the set at the moment when the goods are actually removed time limits, it should be made clear who is to bear the from the ship's hold at the port of unloading. liability for any resulting costs ;

Whereas provisions should be made for security to be 4. The successful tenderer shall deliver the product specified in paragraph 1 cif to the port of Nouakchott given for the purpose of guaranteeing that the obliga­ in new jute sacks of a net capacity of 50 kilogrammes.

(') OJ No 117, 19 . 6 . 1967, p. 2269/67. (2) OJ No L .11 , 16 . 1 . 1975, p. 1 . (4 ) OJ No 106, 30 . 10 . 1962, p . 2553/62. O OJ No L 178 , 5 . 8 . 1972, p. 3 . (5) OJ No L 263, 19 . 9 . 1973 , p. 1 .

12 . 4 . 75 Official Journal of the European Communities No L 91 / 11

The following shall be printed on the sacks : However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ ' Froment — Don de la Communauté économique tion agency may cancel the invitation to tender. européenne — Distribution gratuite.'

Article5¶

1 . The tenderer shall give security in an amount of 1 . The decision on tenders received in response to five units of account per metric ton of goods. the invitation provided for in Article 1 shall be taken on 23 April 1975 . It shall be released :

2. The closing date for submission of tenders shall — in the case of all tenderers whose tenders are be 23 April 1975 at 12 noon . unsuccessful or are not accepted, •

— in the case of the successful tenderer, when the 3 . The notice of invitation to tender shall be operations concerned have been carried out within published in the Official Journal of the European the prescribed time limit and on submission of Communities not less than nine days before the the original export licence duly granted and closing date for submission of tenders. endorsed by the competent authorities of the Member State mentioned in the tender pursuant Article 3 to Article 3 (2), 1 . The prices offered must be expressed in the — in the case of the successful tenderer for quantities currency of the Member State in which the invitation not supplied by reason of force majeure. to tender was issued . 2. The security required under paragraph 1 may be 2. Tenders must in particular mention the Merhber provided in the form of a cash deposit or of a State in which the tenderer, in the event of his being guarantee issued by a credit institution conforming to declared successful, expects to complete the customs criteria laid down by each Member State. export formalities for the products concerned. ■

Article 6 3 . For the purpose of rendering the tenders compar­ able, the prices shall, where appropriate, be corrected The common wheat referred to in Article 1 to be by the monetary compensatory amount applicable, on supplied to the Islamic Republic of Mauritania must the closing date for submission of tenders to exports be of fair and sound merchantable quality and corres­ from the Member State mentioned in the tender pond at least to the standard quality for which the pursuant to paragraph 2. intervention price is fixed, except that the moisture content shall not exceed 15-5 % and that a maximum Such correction shall be made by : of 3 % of sprouted grains and 1-5 % of miscellaneous — increasing prices which mention a Member State impurities shall be allowed . whose currency has depreciated, •

— reducing prices which mention a Member State Article 7 whose currency has been revalued .

1 . The French intervention agency shall be respon­ Such monetary compensatory amount shall, where sible for organizing the invitation to tender provided appropriate, be converted into the currency of the for by this Regulation . Member State in which the invitation to tender is issued using : 2 . It shall forthwith communicate to the Commis­

— in the case when the currencies concerned are sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, kept at any given moment within a band of together with the name and business name of the 2-25 % , a conversion rate resulting from their successful tenderer. central rate, — in the other cases, the average of the spot rates of 3 . Where the customs export formalities for the the currencies concerned recorded in the Member mobilized product are completed in a Member State State in which the invitation to tender is issued other than that in which the invitation to tender is ' during a period from the Wednesday of one week issued, the intervention agency of the latter Member to the Tuesday of the following week being the State shall be responsible for the operations following period immediately preceding the closing date for tendering, including payment to the successful submission of tenders . tenderer.

Article 4 In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ The contract shall be awarded to the tenderer offering vention agency of the Member State concerned and the best terms, taking into consideration the adjust­ shall supply it with all the information which it may ment referred to in Article 3 (3). require .

No L 91 / 12 12 . 4 . 75 Official Journal of the European Communities

Furthermore, the amount of the successful tender The information indicated above shall be forwarded shall be paid after it has been converted using the by the intervention agency to the Commission imme­ average of the spot rates referred to in the second diately upon receipt. subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations 5 . When the intervention agency responsible for relating to the tendering are completed . the operations relating to tendering is not the interven­ tion agency which appoints the successful tenderer, it 4. The intervention agency shall request the shall send as soon as possible to the latter the informa­ successful tenderer to supply the following informa­ tion necessary for releasing the security. tion :

(a) after each shipment a certificate showing the quan­ Article 8 tities dispatched and the quality of the products ;

(b) the date of departure of the ships ; This Regulation shall enter into force on the day of its (c) all possible contingencies which might occur publication in the Official Journal of the European Communities. during transportation of the products.

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

Done at Brussels, 11 April 1975 .

For the Commission

P.J. LARDINOIS

Member of the Commission