31976R1885
31 . 7 . 76 No L 206/71 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 1885/76 of 30 July 1976 opening an invitation to to tender for the mobilization of common wheat as food aid for the Republic of Honduras
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 tion (EEC) No 1 143/76 (2), Article 1 Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi 1 . Tenders are hereby invited for the supply by way tions for the mobilization of cereals as food aid (3), and of Community food-aid action to the Republic of in particular Article 6 thereof, Honduras of 3 500 metric tons of common wheat.
Whereas on 3 ' March 1975 the Council of the Euro 2. The tendering procedure shall take place in the pean Communities declared that by way of Commu Federal Republic of Germany \n one lot. nity action it proposed to grant the Republic of Honduras 3 500 metric tons of common wheat under 3 . The product shall be mobilized by the German its 1974/75 food-aid programme ; intervention agency from the stores specified in the Annex . Whereas an analysis of the state of the cereals market with reference to cereals intervention in Germany indi cates that the criteria of Article 3 (2) of Council Regu 4. Shipment shall be from a Community port. lation (EEC) No 2750/75 should be applied and that the intervention agency of the Member State as speci 5. The invitation to tender provided for in para fied should mobilize the cereals from those stocked in graph 1 is for supply of products removed from the its own stores and should also determine the condi ship's hold at the port of Puerto Cortes. tions of mobilization ; The recipient country shall bear all costs subsequent Whereas the proposed invitation to tender shoujd be to delivery of the goods, including unloading costs for supply of the products removed from the ship's (such as unstowing, hoisting and reception) and any hold at the port of unloading ; lighterage costs. Whereas the contract should be awarded to the tenderer offering the best terms ; Any demurrage costs or dispatch money at the port of unloading shall be a charge on or for the benefit of Whereas in case it should be impossible for reasons of the recipient country. The rates and detailed arrange force majeure to complete the operation in question ments relating thereto laid down in the contract within the set time limits, it must be made clear who between the authorized agent of the Community and is to bear any costs resulting therefrom ; the carrier must have been agreed upon in advance by the authorized agent and the receiving agent of the Whereas provision should be made for security to be recipient country. given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ; 6. The product shall be delivered in bulk. Whereas the German intervention agency should be made responsible for the tendering procedure in ques tion ; Article 2
Whereas the Commission must be informed quickly 1 . The decision on tenders received in response to of the tenders submitted in response to the invitation the invitation provided for in Article 1 shall be taken and of those accepted by the intervention agency ; on 13 August 1976.
(') OJ No L 281 , 1 . 11 . 1975, p . 1 . (2 ) OJ No L 130, 19 . 5 . 1976, p. 1 . 2. The closing date for the receipt of tenders shall P) OJ No L 281 , 1 . 11 . 1975, p. 89 . be 13 August 1976 at 12 noon .
No L 206/72 Official Journal of the European Communities 31 . 7 . 76
3 . The notice of invitation to tender shall be 3 . On the other hand, if the successful tenderer is published in the Official Journal of the European established in a Member State other than the one Communities not less than nine days before the collecting the tenders, and if the product is dispatched closing date for submission of tenders. through a frontier post of the Member State where the successful tenderer is established, the intervention Article 3 agency of the latter Member State shall be responsible for the operations relating to the tendering. The contract shall be awarded to the tenderer who makes the most favourable offer. In this case the intervention agency chosing the successful tenderer shall immediately inform the inter However, if the tenders submitted do not appear to vention agency of the Member State concerned and reflect normal market prices and costs, the interven shall supply it with all the information which it may tion agency may cancel the invitation to tender. require.
Article 4 4. The intervention agency shall request the successful tenderer to supply the following informa 1 . The successful tenderer shall give security of a tion : value of five units of account per metric ton of the product ; the security is intended to guarantee that the (a) after each shipment a certificate showing the quan operations specified in Article 1 are duly completed. tities dispatched and the quality of the products ; The security shall be forfeited if those operations are (b) the date of the departure of the ships ; the not carried out within the prescribed time limit, save expected date of arrival of the products at their as regards quantities not delivered owing to force destination ; majeure. (c) all possible contingencies which might occur 2. The security reqi ", ed under paragraph 1 may be during transportation of the products. provided in the form of a cash deposit or of a guarantee issued by a credit institution conforming to The intervention agency shall transmit the informa criteria laid down by each Member State. tion provided for the Commission as soon it is received . Article 5 5. When the intervention agency responsible for The product referred to in Article 1 must be of fair the operations relating to tendering is not the interven and sound merchantable quality and correspond at tion agency which appoints the successful tenderer, it least to the standard quality for which the interven shall send as soon as possible to the latter the informa tion price is fixed, except that the moisture content tion necessary for releasing the security. shall not exceed 12,5 % and that a maximum of 3 % pf sprouted grains and 1-5 % of miscellaneous impuri ties shall be allowed . Article 7
Article 6 The expenses incurred by the drying of the product to the percentage referred to in Article 5, are reimbursed 1 . The German intervention agency shall be respon in accordance with Article 4 ( 1 ) (d) of Regulation sible for operations relating to the invitation to tender (EEC) No 787/69 . . provided for by this Regulation .
2. It shall forwith communicate to the Commission Article 8 the list of firms which have responded to the invita tion to tender, specifying the terms of each tender, This Regulation shall enter into force on the day of its together with the name and business name of the publication in the Official Journal of the European successful tenderer. Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 30 July 1976.
For the Commission
P.J. LARDINOIS
Member of the Commission
31 . 7 . 76 No L 206/73 Official Journal of the European Communities
ANNEXE — ANHANG — ALLEGATO — BIJLAGE — BILAG — ANNEX
Numéro du lot Port d'embarquement Tonnage à mettre en caf Nom et adresse du stockeur Lieu de stockage Nummer der Lose Verschiffungshafen Nach cif zu bringende Menge Name und Adresse des Lagerhalters Ort der Lagerhaltung Numero della partita Porto d' imbarco Tonnellaggio da mettere in cif Nome e indirizzo del detentore Luogo di accantonamento Nummer van de partij Haven van inlading Cif aan te leveren hoeveelheid Naam en adres van de entrepothouder Adres van de opslagplaats Partiets nummer Indskribningshavn Mængde til levering cif Lagerindehaverens navn og adresse Lagerplads Number of lot Port of shipment Metric tonnage cif Address of store Town at which stored
1 Ports 3 500 Tonnen Emden Lagerhausgesellschaft 2970 Emden communautaires mbH, (Außenhafen) Nesserlandstraße 150 Gemeinschafts häfen Porti comunitari Havens van de Gemeenschap Fællesskabshavne Community ports