31976R0221
31 . 1 . 76 No L 26/55 Official Journal of the European Communities
COMMISSION REGULATION ( EEC) No 221 /76 of 30 January 1976 opening an invitation to tender for the mobilization of soft wheat as food aid for the World Food Programme
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 (EEC) No HAS ADOPTED THIS REGULATION : 2727/75 of 29 October 1975 on the common organiza tion of the market in cereals ('), as amended by Regula Article 1 tion ( EEC) No 3058 /75 0,
Having regard to Council Regulation (EEC) No 1 . Tenders are hereby invited for the supply to the 2750/75 of 29 October 1975 laying down the condi World Food Programme by way of Community food tions for the mobilization of cereals as food aid (3 ), and aid action of : in particular Article 6 thereof, — 6 265 metric tons of soft wheat . Whereas on 3 March 1975 the Council of the Euro pean Communities declared that by way of Commu 2. The tendering procedure shall take place in nity action it proposed to grant the World Food Belgium in one lot. Programme (WFP) 40 000 metric tons of cereals under its 1974/75 food-aid programme ; 3 . The product shall be mobilized by the Belgian intervention agency from the stores specified in the Whereas an analysis of the state of the cereals market Annex . with reference to cereals intervention in Belgium indi cates that the criteria of Article 3 (2) of Council Regu 4. Loading shall take place for shipment from any lation (EEC) No 2750/75 should be applied and that Community port. the intervention agency of the Member State as speci fied should mobilize the cereals from those stocked in 5 . The product referred to in paragraph 1 is to be its own stores and should also determine the condi delivered in bulk to the port of shipment in the tions of mobilization ; vicinity of the vessel . The goods must be set down at the place nominated by the recipient country or its Whereas tenders should be invited for the supply of agent, the timing of delivery being settled by the the product to the port of shipment in the vicinity of tenderer and the recipient country's agent. the vessel, the goods to be set down at the place nomi nated by the recipient or its agent ; Article 2 Whereas the contract should be awarded to the tenderer offering the best terms ; 1 . The decision on tenders received in response to Whereas in case it should be impossible for reasons of the invitation provided for in Article 1 shall be taken force majeure to complete the operations in question on 13 February 1976 . within the set time limits , it must be made clear who is to bear costs resulting therefrom ; 2. The closing date for the receipt of tenders shall be 13 February 1976 at 12 noon . Whereas provision should be made for security to be given to guarantee fulfilment of the obligations arising 3 . The notice of invitation to tender shall be by virtue of participation in the invitation to tender published in the Official Journal of the European for the supply of common wheat to the WFP ; Communities, not less than nine days before the closing date for submission of tenders. Whereas the Belgian intervention agency should be made responsible for the tendering procedure in ques tion ; Article 3 Whereas the Commission must be informed quickly The contract shall be awarded to the tenderer who of the tenders submitted in response to the invitation makes the most favourable offer. and of those accepted by the intervention agency ;
However, if the tenders submitted do not appear to (') OJ No L 281 , 1 . U. 1975, p. 1 . (2) OJ No L 306, 26 . 11 . 1 975, p. 3 . reflect normal market prices and costs, the interven 3 ) OJ No L 281 , 1.11 . 1975, p. 89 . tion agency may cancel the invitation to tender.
No L 26/56 Official Journal of the European Communities 31 . 1 . 76
Article 4 tation to tender, specifying the terms of each tender, together with the name and business name of the If the tenderer is unable to deliver the goods in successful tenderer . compliance with Article 1 (5) on the date given in the notice of invitation to tender as a result of the late 3 . On the other hand, if the successful tenderer is availability of the vessels to be used for sea transporta established in a Member State other than the one tion , the resulting costs shall be borne by the interven collecting the tenders, and if the product is dispatched tion agency. through a frontier post of the Member State where the successful tenderer is established, the intervention Article 5 agency of the latter Member State shall be responsible for the operations relating to the tendering. 1 . The successful tenderer shall give security of a In this case, the intervention agency choosing the value of five units of account per metric ton of the successful tenderer shall immediately inform the inter product ; the security is intended to guarantee that the vention agency of the Member State concerned and operations specified in Article 1 are duly completed . shall supply it with all the information which it may The security shall be forfeited if those operations are require . not carried out within the prescribed time limit, save as regards quantities not delivered owing to force 4 . The intervention agency shall request the majeure. successful tenderer to supply the following informa tion : 2. The security required under paragraph 1 may be provided in the form of a cash deposit or of a (a) after each shipment a certificate showing the quan guarantee issued by a credit institution conforming to tities dispatched and the quality of the products ; criteria laid down by each Member State. (b) the date of departure of the vessels.
The information indicated above shall be forwarded Article 6 by the intervention agency to the Commission imme The common wheat referred to in Article 1 to be diately upon receipt. supplied to the World Food Programme must be of fair and sound merchantable quality and correspond Article 8 at least to the standard quality for which the interven On delivery of the goods at the port of shipment, a tion price is fixed, except that the moisture content shall not exceed 15 % and that a maximum of 3 % of handing-over certificate shall be supplied to the successful tenderer, acting as agent for the Commu sprouted grains and 1-5% of miscellaneous impuri ties shall be allowed . nity, by the agent of the recipient country, or, in the absence of the latter, by the intervention agency of the Member State in whose territory the port of shipment Article 7 is situated . 1 . The Belgian intervention agency shall be respon sible for operations relating to the invitation to tender Article 9 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 Com in unities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 30 January 1976 .
For the Commission
P.J. LARDINOIS
Member of the Commission
31 . 1 . 76 No L 26/ 57 Official Journal of the European Communities
ANNEXE — ANHANG — ALLEGATO — BIJLAGE — BILAG — ANNEX
Numéro du lot Port d'embarquement Tonnage à mettre en fob Lieu de stockage Nummer der Lose Verschiffungshafen Nach fob zu bringende Menge Ort der Lagerhaltung Numero della partita Porto d'imbarco Tonnellaggio da mettere in fob Luogo di accantonamento Nummer van de partij Haven van inlading Fob aan te leveren hoeveelheid Adres van de opslagplaats Partiets nummer Indskibningshavn Mængde til levering fob Lagerplads Number of lot Port of shipment Metric tonnage fob Town at which stored
1 Ports 6 265 tonnes communautaires dont : Gemeinschaftshäfen davon : Porti comunitari di cui : Havens van de Gemeenschap waarvan : Fællesskabshavne deraf : Community ports whereof :
1 130 t Ath 1 135 t Floreffe 1 000 t Racour 1 000 t Liège 500 t Verrebroek 500 t Brugge 1 000 t Gent