31976R2317

No L 261 / 16 Official Journal of the European Communities 25 . 9 . 76

COMMISSION REGULATION ( EEC) No 2317 /76 of 24 September 1976 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Peru

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 1 43 /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 Peru of 2 500 metric tons of common wheat . in particular Article 6 thereof,

Whereas on 25 March 1976 the Council of the Euro­ 2. The tendering procedure shall take place in pean Communities declared that by way of Commu­ Belgium in one lot. nity action it proposed to grant the Republic of Peru 2 500 metric tons of common wheat under its 3 . The product shall be mobilized by the Belgian 1975/76 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 Belgium indi­ 4. Shipment shall be from Antwerp. cates that the criteria of Article 3 (2) of Council Regu­ lation ( EEC) No 2750/75 should be applied and that 5. The product referred to in paragraph 1 is to be the intervention agency of the Member State as speci­ delivered in bulk to the port of shipment in the fied should mobilize the cereals from those stocked in vicinity of the vessel . The goods must be set down at its own stores and should also determine the condi­ the place nominated by the recipient country or its tions of mobilization ; agent, the timing of delivery being settled by the Whereas tenders should be invited for the supply of tenderer and the recipient country's agent. the product to the port of shipment in the vicinity of the vessel , the goods to be set down at the place nomi­ Article 2 nated by the recipient or its agent ;

Whereas the contract should be awarded to the 1 . The decision on tenders received in response to tenderer offering the best terms ; the invitation provided for in Article 1 shall be taken on 8 October 1976 . Whereas in case it should be impossible for reasons of force majeure to complete the operations in question 2. The closing date for the receipt of tenders shall within the set time limits, it must be made clear who be 8 October 1976 at 12 noon . is to bear any costs resulting therefrom ;

Whereas provision should be made for security to be 3 . The notice of invitation to tender shall be given to guarantee fulfilment of the obligations arising published in the Official Journal of the European by virtue of participation in the invitation to tender ; 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 those accepted by the intervention agency ;

However, if the tenders submitted do not appear to (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2 ) OJ No L 130, 19 . 5 . 1976, p . 1 . reflect normal market prices and costs, the interven­ ( 3 ) OJ No L 281 , 1 . 1 1 . 1975, p. 89 . tion agency may cancel the invitation to tender.

25 . 9 . 76 Official Journal of the European Communities No L 261 / 17

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 value of five units of account per metric ton of the In this case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ product ; the security is intended to guarantee that the operations specified in Article 1 are duly completed . vention agency of the Member State concerned and The security shall be forfeited if those operations are shall supply it with all the information which it may not carried out within the prescribed time limit, save require . 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 cjeposit 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 Republic of Peru must be of fair and sound merchantable quality and correspond at least to Article 8 the standard quality for which the intervention price On delivery of the goods at the port of shipment, a is fixed , except that the moisture content shall not exceed 1 4-5 % 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 Communities.

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

Done at Brussels , 24 September 1976 .

For the Commission

P.J. LARDINOIS Member of the Commission

No L 261 / 18 Official Journal of the European Communities 25 . 9 . 76

ANNEXE — ANHANG — ALLEGATO — BIJLAGE — BILAG — ANNEX

Numero du lot Port d'embarquement Quantitc 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 2 500 tonnes Ath