31976R2318

25 . 9 . 76 Official Journal of the European Communities No L 261 / 19

COMMISSION REGULATION ( EEC) No 2318 / 76 of 24 September 1976 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Rwanda

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 Regu­ lation (EEC) No 1143 / 76 (2 ),

HAS ADOPTED THIS REGULATION : Having regard to Council Regulation ( EEC) No 2750 /75 of 29 October 1 975 laying down the condi­ tions for the mobilization of cereals as food aid (3), and in particular Article 6 thereof, Article 1

* Whereas on 3 March 1975 the Council of the Euro­ 1 . Tenders are hereby invited for the supply by way pean Communities declared that by way of Commu­ of Community food-aid action to the Republic of nity action it proposed to grant the Republic of Rwanda of 2 500 metric tons of common wheat . Rwanda 2 500 metric tons of common wheat under its 1974/75 food-aid programme ; 2. The tendering procedure shall take place in Belgium in three lots . Whereas an analysis of the state of the cereals market with reference to cereals intervention in Belgium indi­ 3 . The product shall be mobilized by the Belgian cates that the criteria of Article 3 (2) of Council Regu­ intervention agency from the stores specified in the lation ( EEC) No 2750/75 should be applied and that Annex . the intervention agency of the Member State as speci­ fied should mobilize the cereals from those stocked in its own stores and should also determine the condi­ 4. Shipment shall be from a Community port. tions of mobilization ; 5 . The invitation to tender provided for in para­ Whereas the proposed invitation to tender should be graph 1 is for supply of the products delivered to for supply of the products delivered to Ruhenjeri ; Ruhenjeri .

Whereas the contract should be awarded to the 6 . The successful tenderer shall deliver the product tenderer offering the best terms ; specified in paragraph 1 in new jute sacks of a net capacity of 50 kilogrammes. The following shall be Whereas in case it should be impossible for reasons of printed on the sacks : force majeure to complete the operations in question within the set time limits , it must be made clear who Froment tendre / Don de la Communauté écono­ is to bear any costs resulting therefrom ; mique européenne à la république du Rwanda / Destiné à la vente .' Whereas provision should be made for security fo be given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ; Article 2

Whereas the Belgian intervention agency should be 1 . The decision on tenders received in response to made responsible for the tendering procedure in ques­ the invitation provided for in Article 1 shall be taken tion ; on 8 October 1976 .

(') OJ No L 281 , 1 . 11 . 1975, p . 1 . I2 ) OJ No L 130, 19 . 5. 1976, p. 1 . 2 The closing date for the receipt of tenders shall (3 ) OJ No L 281 , 1 . 1 1 . 1975, p . 89 . be 8 October 1976 at 12 noon .

No L 261 / 20 Official Journal of the European Communities 25 . 9 . 76

3 . The notice of invitation to tender shall be 2 . It shall forthwith communicate to the Commis­ published in the Official Journal of the European sion the list of firms which have responded to the invi­ Communities not less than nine days before the tation to tender, specifying the terms of each tender, closing date for submission of tenders. together with the name and business name of the successful tenderer. Article 3 3 . On the other hand , if the successful tenderer is established in a Member State other than the one The contract shall be awarded to the tenderer who makes the most favourable offer. collecting the tenders, and if the product is dispatched through a frontier post of the Member State where the However, if the tenders submitted do not appear to successful tenderer is established , the intervention reflect normal market prices and costs, the interven­ agency of the latter Member State shall be responsible tion agency may cancel the invitation to tender. for the operations relating to the tendering. In this case the intervention agency choosing the Article 4 successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and 1 . The successful tenderer shall give security of a value of five units of account per metric ton of the shall supply it with all the information which it may require . product ; the security is intended to guarantee that the operations specified in Article 1 are duly completed . 4. The intervention agency shall request the The security shall be forfeited if those operations are successful tenderer to supply the following informa­ not carried out within the prescribed time limit, save tion : as regards quantities not delivered owing to force (a) after each shipment a certificate showing the quan­ majeure. tities dispatched and the quality of the products ; 2 . The security required under paragraph 1 may be (b) the date of the departure of the ships ; the provided in the form of a cash deposit or of a expected date of arrival of the products at their guarantee issued by a credit institution conforming to destination ; criteria laid down by each Member State . (c) all possible contingencies which might occur during transportation of the products. Article 5 The intervention agency shall transmit the informa­ The product referred to in Article 1 must be of fair tion provided to the Commission as soon as it is received . and sound merchantable quality and correspond at least to the standard quality for which the interven­ 5. When the intervention agency responsible for tion price is fixed, except that the moisture content the operations relating to tendering is not the interven­ shall not exceed 1 4-5 % and that a maximum of 3 % tion agency which appoints the successful tenderer, it of sprouted grains and 1 -5 % of miscellaneous impuri­ shall send as soon as possible to the latter the informa­ ties shall be allowed . tion necessary for releasing the security.

Artie e 6 Article 7

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 , 24 September 1976 . For the Commission P.J. LARDINOIS Member of the Commission

25 . 9 . 76 Official Journal of the European Communities No L 261 /21

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

3 Ports 2 500 tonnes communautaires dont : Gemeinschaftshäfen davon : Porti comunitari di cui : Havens van de Gemeenschap waarvan : Fællesskabshavne deraf : Community ports whereof : 1 250 tonnes Ath 1 250 tonnes Gent