31976R2459

No L 279 / 18 Official Journal of the European Communities 9 . 10 . 76

COMMISSION REGULATION (EEC) No 2459/76 of 8 October 1976 opening an invitation to tender for the mobilization of common wheat as food aid for the United Nations High Commission for Refugees

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 Having regard to Council Regulation (EEC) No are in accordance with the opinion of the Manage­ 2727/75 of 29 October 1975 on the common organiza­ ment Committee for Cereals, tion of the market in cereals ('), as amended by Regula­ tion (EEC) No 1 143/76 (2),

Having regard to Council Regulation (EEC) No HAS ADOPTED THIS REGULATION : 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3), and in particular Article 6 thereof, Article 1

Whereas on 27 July 1976 the Council of the Euro­ pean Communities declared that by way of Commu­ 1 . Tenders are hereby invited for the supply to the nity action it proposed to grant the United Nations United Nations High Commission for Refugees by High Commission for Refugees 4 411 metric tons of way of a Community food-aid action of 4 411 metric common wheat under the 1975/76 food-aid tons of common wheat . programme ; 2. The tendering procedure shall take place in Whereas an analysis of the state of the cereals market Belgium in one lot. with reference to cereals intervention in Belgium indi­ cates that the criteria of Article 3 (2) of Council Regu­ 3 . The product shall be mobilized by the Belgian lation (EEC) No 2750/75 should be applied and that intervention agency from the stores specified in the the intervention agency of the Member State as speci­ Annex . fied should mobilize the cereals from those stocked in its own stores and should also determine the condi­ 4. Loading shall take place for shipment from any tions of mobilization ; Community port. Whereas the proposed invitation to tender should be for supply of the products delivered Limassol, that is 5. The invitation to tender provided for in para­ at the moment when the goods are actually placed on graph 1 is for supply of products delivered Limassol, the dock or in the lighter where applicable ; that is at the moment when the goods are actually placed on the dock or in the lighter where applicable. Whereas the contract should be awarded to the tenderer offering the best terms ; 6. The successful tenderer shall deliver the product specified in paragraph 1 in new jute sacks, having a Whereas in case it should be impossible for reasons of net capacity of 50 kg. force majeure to complete the operations in question within the set time limits, it must be made clear who is to bear costs resulting therefrom ; The following shall be printed on the sacks :

Whereas provision should be made for security to be 'Soft wheat — Gift of the European Economic given for the purpose of guaranteeing that the obliga­ Community to the people of Cyprus'. tions arising by virtue of participation in the invita­ tion to tender for supplies to the United Nations High Commission for Refugees will be fulfilled ; 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 22 October 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 h) OJ No L 281 , 1 . 11 . 1975, p. 89. be 22 October 1976 at 12 noon .

9 . 10 . 76 No L 279 / 19 Official Journal of the European Communities

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 The contract shall be awarded to the tenderer who 3 . On the other hand , if the successful tenderer is established in a Member State other than the one makes the most favourable offer . collecting the tenders, and if the product is dispatched However, if the tenders submitted do not appear to through a frontier post of\ the Member State where the correspond to normal market prices and costs, the successful tenderer is established, the intervention intervention agency may cancel the invitation to agency of the latter Member State shall be responsible tender . for the operations relating to the tendering.

Article 4 In this case, the intervention agency choosing the 1 . The successful tenderer shall give security of a successful tenderer shall immediately inform the inter­ value of five units of account per metric ton of the vention agency of the Member State concerned and product ; the security is intended to guarantee that the shall supply it with all information which it may require . operations specified in Article 1 are duly completed. The security shall be forfeited if those operations are not carried out within the prescribed time limit, save 4. The intervention agency shall request the as regards quantities not delivered owing to force successful tenderer to supply the following informa­ majeure. tion : 2. The security required under paragraph 1 may be (a) after each shipment a certificate showing the provided in the form of a cash deposit or of a quantities dispatched and the quality of the guarantee issued by a credit institution conforming to products ; criteria laid down by each Member State . (b) the date of departure of the vessels ; Artie e 5 (c) all possible contingencies which might occur The common wheat referred to in Article 1 to be during transportation of the products . supplied to the United Nations High Commission for Refugees, must be of fair and sound merchantable The intervention agency shall transmit the informa­ quality and correspond at least to the standard quality tion provided for to the Commission as soon as it is for which the intervention price is fixed, except that received . the moisture content shall not exceed 15 % and that a maximum of 3 % of sprouted grains and 1 -5 % of miscellaneous impurities shall be allowed . Article 7 Artie e 6

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, 8 October 1 976 . For the Commission P. J. LARDINOIS Member of the Commission

No L 279/ 20 Official Journal of the European Communities 9 . 10 . 76

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 4 411 tonnes communautaires dont : Gemeinschaftshäfen davon : Porti comunitari di cui : Havens van de Gemeenschap waarvan : Fællesskabshavne deraf : Community ports whereof : 878 t Floreffe

594 t Ath

199 t Gent

2 740 t Antwerpen