31976R1405

19 . 6 . 76 Official Journal of the European Communities No L 158 / 21

COMMISSION REGULATION (EEC) No 1405/76 of 18 June 1976 opening an invitation to tender for the mobilization of common wheat as aid for the Republic of Benin

THE COMMISSION OF THE EUROPEAN Whereas the Commission must be informed quickly COMMUNITIES , of the tenders submitted in response to the invitation and 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), HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3), and Article 1 in particular Article 6 thereof, 1 . Tenders are hereby invited for the supply, by Whereas on 25 March 1976 the Council of the Euro­ way of Community food-aid action, to the Republic of pean Communities declared that by way of Commu­ Benin 1 000 metric tons of common wheat . nity action it proposed to grant the Republic of Benin 1 000 metric tons of common wheat under its 2. The tendering procedure shall take place in 1975/76 food-aid programme ; Belgium in one lot.

Whereas an analysis of the state of the cereals market 3. The product shall be mobilized by the Belgian with reference to cereals intervention in Belgium indi­ intervention agency from the stores specified in the cates that the criteria of Article 3 (2) of Council Regu­ Annex . lation (EEC) No 2750/75 should be applied and that the intervention agency of the Member State as speci­ 4. Shipment shall be from Antwerp. fied should mobilize the cereals from those stocked in its own stores and should also determine the condi­ 5. The product referred to in paragraph 1 is to be tions of mobilization ; delivered in bulk to the port of shipment in the vicinity of the vessel . The goods must be set down at Whereas tenders should be invited for the supply of the place nominated by the recipient country or its the product to the port of shipment in the vicinity of agent, the timing of delivery being settled by the the vessel, the goods to be set down at the place nomi­ tenderer and the recipient country's agent. nated by the recipient or its agent ;

Whereas the contract should be awarded to the Article 2 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 2 July 1976. within the set time limits , it must be made clear who is to bear any costs resulting therefrom ; 2. The closing date for the receipt of tenders shall be 2 July 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 wheat to the Republic of Benin ; 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 (') OJ No L 281 , 1 . 11 . 1975, p . 1 . The contract shall be awarded to the tenderer who (2) OJ No L 130 , 19 . 5 . 1976, p . 1 . (3 ) OJ No L 281 , 1 . 11 . 1975, p . 89 . makes the most favourable offer.

No L 158 / 22 Official Journal of the European Communities 19 . 6 . 76

However, if the tenders submitted do not appear to 2 . It shall forthwith communicate to the Commis­ reflect normal market prices and costs, the interven­ sion the list of firms which have responded to the invi­ tion agency may cancel the invitation to tender. tation to tender, specifying the terms of each tender, together with the name and business name of the Article 4 successful tenderer. 3 . On the other hand, if the successful tenderer is If the tenderer is unable to deliver the goods in established in a Member State other than the one compliance with Article 1 (5) on the date given in the notice of invitation to tender as a result of the late collecting the tenders, and if the product is dispatched through a frontier post of the Member State where the availability of the vessels to be used for sea transporta­ successful tenderer is established, the intervention tion, the resulting costs shall be borne by the interven­ agency of the latter Member State shall be responsible tion agency. for the operations relating to the tendering. Article 5 In this case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ 1 . The successful tenderer shall give security of a vention agency of the Member State concerned and value of five units of account per metric ton of the shall supply it with all the information which it may product ; the security is intended to guarantee that the require . operations specified in Article 1 are duly completed. The security shall be forfeited if those operations are 4. The intervention agency shall request the not carried out within the prescribed time limit, save successful tenderer to supply the following informa­ as regards quantities not delivered owing to force tion : majeure. (a) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; 2. The security required under paragraph 1 may be provided in the form of a cash deposit or of a (b) the date of departure of the vessels . guarantee issued by a credit institution conforming to The information indicated above shall be forwarded criteria laid down by each Member State . by the intervention agency to the Commission imme­ diately upon receipt. Article 6 Article 8 The common wheat referred to in Article 1 to be supplied to the Republic of Benin must be of fair and On delivery of the goods at the port of shipment, a sound merchantable quality and correspond at least to handing-over certificate shall be supplied to the the standard quality for which the intervention price successful tenderer, acting as agent for the Commu­ is fixed, except that the moisture content shall not nity, by the agent of the recipient country, or, in the exceed 14-5 % and that a maximum of 3 % of absence of the latter, by the intervention agency of the sprouted grains and 1-5% of miscellaneous impuri­ Member State in whose territory the port of shipment ties shall be allowed . is situated .

Article 7 Article 9 1 . The Belgian 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, 18 June 1976 . For the Commission P.J. LARDINOIS Member of the Commission

19 . 6 . 76 No L 158 / 23 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 Anvers 1 000 tonnes dont : davon : di cui : waarvan : deraf : whereof : 500 t Liège 500 t Ath