31976R2269
18 . 9 . 76 Official Journal of the European Communities No L 255/ 11
COMMISSION REGULATION (EEC) No 2269/76 of 17 September 1976 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Zambia
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 1143/76 (2), HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi Article 1 tions for the mobilization of cereals as food aid (3), and in particular Article 6 thereof, 1 . Tenders are hereby invited for the supply by way Whereas on 25 March 1976 the Council of the Euro of Community food-aid action to the Republic of Zambia of 1 500 metric tons of common wheat. pean Communities declared that by way of Commu nity action it proposed to grant the Republic of Zambia 1 500 metric tons of common wheat under its 2. The tendering procedure shall take place in Belgium in one lot. 1975/76 food-aid programme ;
3 . The product shall be mobilized by the Belgian Whereas an analysis of the state of the cereals market intervention agency from the stores specified in the with reference to cereals intervention in Belgium indi Annex . cates that the criteria of Article 3 (2) of Council Regu lation (EEC) No 2750/75 should be applied and that the intervention agency of the Member State as speci 4. Shipment shall be from a Community port. fied should mobilize the cereals from those stocked in its own stores and should also determine the condi 5 . The invitation to tender provided for in para tions of mobilization ; graph 1 is for supply of products removed from the ship's hold at the port of Dar-es-Salaam. Whereas the proposed invitation to tender should be for supply of the products removed from the ship's The recipient country shall bear all costs subsequent hold at the port of unloading ; to delivery of the goods, including unloading costs (such as unstowing, hoisting and reception) and any Whereas the contract should be awarded to the lighterage costs. 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 Belgian intervention agency should be made responsible for the tendering procedure in ques Article 2 tion ;
1 . The decision on tenders received in response to (<) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 130, 19 . 5. 1976, p . 1 . the invitation provided for in Article 1 shall be taken Q) OJ No L 281 , 1 . 11 . 1975, p. 89 . on 1 October 1976 .
No L 255/ 12 Official Journal of the European Communities 18 . 9 . 76
2. The closing date for the receipt of tenders shall 2 . It shall forthwith communicate to the Commis be 1 October 1976 at 12 noon . sion the list of firms which have responded to the invitation to tender, specifying the terms of each 3 . The notice of invitation to tender shall be tender, together with the name and business name of published in the Official Journal of the European the successful tenderer. Communities not less than nine days before the closing date for submission of tenders. 3 . On the other hand, if the successful tenderer is established in a Member State other than the one Article 3 collecting the tenders, and if the product is dispatched through a frontier post of the Member State where the The contract shall be awarded to the tenderer who successful tenderer is established, the intervention makes the most favourable offer. agency of the latter Member State shall be responsible However, if the tenders submitted do not appear to for the operations relating to the tendering. reflect normal market prices and costs, the interven In this case the intervention agency choosing the tion agency may cancel the invitation to tender. successful tenderer shall immediately inform the inter vention agency of the Member State concerned and Article 4 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 not carried out within the prescribed time limit, save (a) after each shipment a certificate showing the quan as regards quantities not delivered owing to force tities dispatched and the quality of the products ; majeure. (b) the date of the departure of the ships ; the expected date of arrival of the products at their 2. The security required under paragraph 1 may be destination ; provided in the form of a cash deposit or of a guarantee issued by a credit institution conforming to (c) all possible contingencies which might occur criteria laid down by each Member State. during transportation of the products.
The intervention agency shall transmit the informa Article 5 tion provided for to the Commission as soon it is received . The product referred to in Article 1 must be of fair and sound merchantable quality and correspond at 5. When the intervention agency responsible for least to the standard quality for which the interven the operations relating to tendering is not the interven tion price is fixed, except that the moisture content shall not exceed 14-5 % and that a maximum of 3 % tion agency which appoints the successful tenderer, it shall send as soon as possible to the latter the informa of sprouted grains and 1 -5 % of miscellaneous impuri ties shall be allowed . tion necessary for releasing the security.
Article6¶
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, 17 September 1976.
For the Commission
P.J. LARDINOIS Member of the Commission
18 . 9 . 76 Official Journal of the European Communities No L 255/ 13
ANNEXE — ANHANG — ALLEGATO — BIJLAGE — BILAG — ANNEX
Numéro du lot Port d'embarquement Quantité 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 1 500 tonnes communautaires dont : Gemeinschaftshäfen davon : Porti comunitari di cui : Havens van de Gemeenschap waarvan : Fællesskabshavne deraf : Community ports whereof :
191 t Poperinge 524 t Liège 785 t Gent