31976R1350

No L 153/26 Official Journal of the European Communities 12. 6 . 76

COMMISSION REGULATION ( EEC) No 1350/76 of 11 June 1976 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of the Sudan

THE COMMISSION OF THE EUROPEAN Whereas the Commission must be informed quickly COMMUNITIES, of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to the Treaty establishing the European Economic Community, Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Having regard to Council Regulation (EEC) No ment Committee for Cereals, 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals (*), as amended by Regula­ tion (EEC) No 1 143/76 (2),

Having regard to Council Regulation (EEC) No HAS ADOPTED THIS REGULATION : 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3 ), and in particular Article 6 thereof, Article 1 Whereas on 25 March 1976 the Council of the Euro­ pean Communities declared that by way of Commu­ 1 . Tenders are hereby invited for the supply, by nity action it proposed to grant the Republic of the way of Community food-aid action to the Republic of Sudan 7 000 metric tons of common wheat under its the Sudan of 7 000 metric tons of common wheat . 1975/76 food-aid programme ; 2. The tendering procedure shall take place in the Whereas an analysis of the state of the cereals market Federal Republic of Germany in one lot. with reference to cereals intervention in Germany indi­ cates that the criteria of Article 3 (2) of Council Regu­ 3 . The product shall be mobilized by the German lation (EEC) No 2750/75 should be applied and that intervention agency from stores specified in the the intervention agency of the Member State as speci­ Annex . fied should mobilize the cereals from those stocked in its own stores and should also determine the condi­ tions of mobilization ; 4. Shipment shall be from the port of Hamburg or a Weser port. Whereas tenders should be invited for the supply of the product to the port of shipment in the vicinity of 5 . The product referred to in paragraph 1 is to be the vessel, the goods to be set down at the place nomi­ delivered in bulk to the port of shipment in the nated by the recipient or its agent ; vicinity of the vessel. The goods must be set down at the place nominated by the recipient country or its Whereas the contract should be awarded to the agent, the timing of delivery being settled by the tenderer offering the best terms ; tenderer and the recipient country's agent.

Whereas in case it should be impossible for reasons of force majeure to complete the operation in question Article 2 within the set time limits, it must be made clear who is to bear any costs resulting therefrom ; 1 . The decision on tenders received in response to Whereas provision should be made for security to be the invitation provided for in Article 1 shall be taken given to guarantee fulfilment of the obligations arising on 25 June 1976 . by virtue of participation in the invitation to tender ; 2. The closing date for the receipt of tenders shall Whereas the German intervention agency should be be 25 June 1976 at 12 noon . made responsible for the tendering procedure in ques­ tion : 3 . The notice of invitation to tender shall be published in the Official Journal of the European (!) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 130 , 19 . 5 . 1976, p. 1 . Communities not less than nine days before the (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . closing date for submission of tenders.

12 . 6 . 76 Official Journal of the European Communities No L 153 / 27

Article 3 2 . It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ The contract shall be awarded to the tenderer who tation to tender, specifying the terms of each tender, makes the most favourable offer. together with the name and business name of the successful tenderer. However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ 3 . On the other hand, if the successful tenderer is tion agency may cancel the invitation to tender. established in a Member State other than the one Article 4 collecting the tenders, and if the product is dispatched through a frontier post of the Member State where the If the tenderer is unable to deliver the goods in successful tenderer is established, the intervention compliance with Article 1 (5) on the date given in the agency of the latter Member State shall be responsible notice of invitation to tender as a result of the late for the operations relating to the tendering. availability of the vessels to be used for sea transporta­ tion, the resulting costs shall be borne by the interven­ In this case, the intervention agency choosing the tion agency. successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and Article 5 shall supply it with all the information which it may require. 1 . The successful tenderer shall give security of a value of five units of account per metric ton of the 4. The intervention agency shall request the product ; the security is intended to guarantee that the successful tenderer to supply the following informa­ operations specified in Article 1 are duly completed. tion : The security shall be forfeited if those operations are (a) after each shipment a certificate showing the quan­ not carried out within the prescribed time limit, save tities dispatched and the quality of the products ; as regards quantities not delivered owing to force majeure. (b) the date of departure of the vessels. 2. The security required under paragraph 1 may be The information indicated above shall be forwarded provided in the form of a cash deposit or of a by the intervention agency to the Commission imme­ guarantee issued by a credit institution conforming to diately upon receipt. criteria laid down by each Member State.

Article6¶

The common wheat referred to in Article 1 to be On delivery of the goods at the port of shipment, a supplied to the Republic of the Sudan must be of fair handing-over certificate shall be supplied to the and sound merchantable quality and correspond at successful tenderer, acting as agent for the Commu­ least to the standard quality for which the interven­ nity, by the agent of the recipient country or, in the tion price is fixed, except that the moisture content absence of the latter, by the intervention agency of the shall not exceed 15-5% and that a maximum of 3% Member State in whose territory the port of shipment of sprouted grains and 1 -5% of miscellaneous impuri­ is situated . ties shall be allowed .

Article 9 Article 7 1 . The German intervention agency shall be respon­ This Regulation shall enter into force on the day of its sible for operations relating to the invitation to tender publication in the Official Journal of the European provided for by this Regulation . Communities.

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

Done at Brussels, 11 June 1976. For the Commission P.J. LARDINOIS Member of the Commission

No L 153/28 Official Journal of the European Communities 12 . 6 . 76

ANNEXE — ANHANG — ALLEGATO — BIJLAGE — BILAG — ANNEX

Numéro du lot Port d'embarquement Tonnage à mettre en fob Nom et adresse du stockeur Lieu de stockage Nummer der Lose Verschiffungshafen Nach fob zu bringende Menge Name und Adresse des Lagerhalters Ort der Lagerhaltung Numero della partita Porto d' imbarco Tonnellaggio da mettere in fob Nome e indirizzo del detentore Luogo di accantonamento Nummer van de partij Haven van inlading Fob aan te leveren hoeveelheid Naam en adres van de entrepothouder Adres van de opslagplaats Partiets nummer Indskibningshavn Mængde til levering fob Lagerindehaverens navn og adresse Lagerplads Number of lot Port of shipment Tonnage fob Address of store Town at which stored

1 Hamburg 7 000 Tonnen dont : davon : di cui : waarvan : deraf : whereof : 5 573 Rhenus AG Hildesheim Postfach 108 3200 Hildesheim 1 440 Hamelner Schiff. Rinteln u. Speicherei K. Kampffmeyer Dankerser Str. 26-29 3260 Rinteln/Weser 500 dto. dto . 150 dto. dto . 337 dto. dto.