31976R2695
6 . 11 . 76 Official Journal of the European Communities No L 304/ 15
COMMISSION REGULATION ( EEC) No 2695 / 76 * of 5 November 1976
opening an invitation tQ tender for the mobilization of common wheat as food aid for the People's Republic of Mozambique
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 1143/76 (2), Article 1
Having regard to Council Regulation (EEC) No 1 . Tenders are hereby invited for the supply by way 2750/75 of 29 October 1975 laying down the condi of Community food-aid action to the People's Repu tions for the mobilization of cereals as food aid (3), and blic of Mozambique of 5 000 metric tons of common in particular Article 6 thereof, wheat. Whereas on 25 March 1976 the Council of the Euro pean Communities declared that by way of Commu 2. The tendering procedure shall take place in the nity action it proposed to grant the People's Republic Federal Republic of Germany in one lot. of Mozambique 5 000 metric tons of common wheat under its 1975/76 food-aid programme ; 3 . The product shall be mobilized by the German intervention agency from the stores specified in the Whereas an analysis of the state of the cereals market Annex . 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 Maputo. tions of mobilization ; The recipient country shall bear all costs subsequent Whereas the proposed invitation to tender should 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 Any demurrage costs or dispatch money at the port of tenderer offering the best terms ; 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 Art hie 2 tion ; 1 . The decision on tenders received in response to Whereas the Commission must be informed quickly the invitation provided for in Article 1 shall be taken of the tenders submitted in response to the invitation on 19 November 1976 . and of those accepted by the intervention agency ;
2. The closing date for the receipt of tenders shall (') OJ No L 281 , 1 . 11 . 1975, p. 1 . be 19 November 1976 at 12 noon . (2) OJ No L 130, 19 . 5 . 1976, p. 1 . (3) OJ No L 281 , 1.11 . 1975, p. 89 .
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3 . The notice of invitation to tender shall be 2. It shall forwith communicate to the Commission published in the Official Journal of the European the list of firms which have responded to the invita Communities not less than nine days before the tion 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 chosing the Article 4 successful tenderer shall immediately inform the inter 1 . The successful tenderer shall give security of a vention agency of the Member State concerned and shall supply it with all the information which it may value of five units of account per metric ton of the 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 destination ; guarantee issued by a credit institution conforming to 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 tion provided for to the Commission as soon as it is The product referred to in Article 1 must be of fair 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 14 % and that a maximum of 3 % of tion agency which appoints the successful tenderer, it 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.
Article6¶
1 . The German 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 Communities. provided for by this Regulation .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 5 November 1976.
For the Commission
P.J. LARDINOIS Member of the Commission
6 . 11 . 76 No L 304/ 17 Official Journal of the European Communities
ANNEXE — ANHANG — ALLEGATO — BIJLAGE — BILAG — ANNEX
Numéro du lot Port d'embarquement Tonnage à mettre en fob Nom et adresse du stockeur Lieu de stockage Nummer der Lose Verschiffungshafen Nach fob zu bringende Menge Name und Adresse des Lagerhalters Ort der Lagerhaltung Numero della partita Porto d'imbarco Tonnellaggio da mettere in fob Nome e indirizzo del detentore Luogo di accantonamento Nummer van de partij Haven van inlading Fob aan te leveren hoeveelheid Naam en adres van de entrepothouder Adres van de opslagplaats Partiets nummer Indskibningshavn Mængde til levering fob Lagerindehaverens navn og adresse Lagerplads Number of lot Port of shipment Tonnage fob Address of store Town at which stored
1 Ports 5 000 t communautaires dont : Gemeinschaftshäfen davon : Porti comunitari di cui : Havens van de waarvan : Gemeenschap Fællesskabshavne deraf : Community ports whereof : 985 Rhenus AG Bornum Zweigniederlassung Postfach 108 3200 Hildesheim 1 770 Westf. Transport AG Braunschweig Niederlassung Hafenstraße 32 3300 Braunschweig 2 245 Rintelner Lagerhaus Rinteln Lagerei-Umschlag Rudolf Meyer Postfach 1350 3260 Rinteln 1