31976R2802
20 . 11 . 76 No L 320 / 17 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 2802/76 of 18 November 1976 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Lebanon
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 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, A rticle 1 Whereas on 3 March 1975 the Council of the Euro pean Communities declared that by way of Commu 1 . • Tenders are hereby invited for the supply by way nity action it proposed to grant the Republic of of Community food-aid action to the Republic of Lebanon 2 589 metric tons of common wheat under Lebanon of 2 589 metric tons of common wheat. its 1974/75 food-aid programme ; 2. The tendering procedure shall take place in the Whereas an analysis of the state of the cereals market Federal Republic of Germany in one lot. with reference to cereals intervention in Germany indi cates that the criteria of Article 3 (2) of Council Regu lation (EEC) No 2750/75 should be applied and that 3. The product shall be mobilized by the German the intervention agency of the Member State as speci intervention agency from the stores specified in the fied should mobilize the cereals from those stocked in Annex . its own stores and should also determine the condi tions of mobilization ; 4. Shipment shall be from a Community port.
Whereas the proposed invitation to tender should be 5. The invitation to tender provided for in para for supply of the products removed from the ship's graph 1 is for supply of products removed from the hold at the port of unloading ; ship's hold at the porj of unloading. Whereas the contract should be awarded to the tenderer offering the best terms ; The recipient country shall bear all costs subsequent to delivery of the goods, including unloading costs Whereas in case it should be impossible for reasons of (such as unstowing, hoisting and reception) and any force majeure to complete the operation in question lighterage costs. within the set time limits, it must be made clear who is to bear any costs resulting therefrom ; Any demurrage costs or dispatch money at the port of unloading shall be a charge on or for the benefit of Whereas provision should be made for security to be the recipient country. The rates and detailed arrange given to guarantee fulfilment of the obligations arising ments relating thereto laid down in the contract by virtue of participation in the invitation to tender ; between the authorized agent of the Community and the carrier must have been greed upon in advance by Whereas the German intervention agency should be the authorized agent and the receiving agent of the made responsible for the tendering procedure in ques v recipient country. tion ; 6. The successful tenderer shall deliver the product (') OJ No L 281 , I. 11 . 1975, p . 1 . (2) OJ No L 1 30 , 1 9 . 5 . 1 976, p. 1 . specified in paragraph 1 to the port of Jounieh in new } OJ No L 281 , I. 11 . 1975, p. 89 . jute sacks of a net capacity of 50 kilogrammes.
No L 320/ 18 Official Journal of the European Communities 20 . 11 . 76
The following shall be printed on the sacks : Article 6
' Froment tendre / Don de la Communauté écono mique européenne au Liban / Pour distribution grat 1 . The German intervention agency shall be respon uite .' sible for operations relating to the invitation to tender provided for by this Regulation .
Article 2 2 . It shall forwith communicate to the Commission the list of firms which have responded to the invita tion to tender, specifying the terms of each tender, 1 . The decision on tenders received in response to together with the name and business name of the the invitation provided for in Article 1 shall be taken successful tenderer. on 3 December 1976 .
2. The closing date for the receipt of tenders shall 3 . On the other hand, if the successful tenderer is be 3 December 1976 at 12 noon . established in a Member State other than the one collecting the tenders, and if the product is dispatched 3 . The notice of invitation to tender shall be through a frontier post of the Member State where the successful tenderer is established, the intervention published in the Official Journal of the European Communities not less than nine days before the agency of the latter Member State shall be responsible closing date for submission of tenders. for the operations relating to the tendering.
In this case the intervention agency chosing the Article 3 successful tenderer shall immediately inform the inter vention agency of the Member State concerned and The contract shall be awarded to the tenderer who shall supply it with all the information which it may makes the most favourable offer. require.
However, if the tenders submitted do not appear to 4. The intervention agency shall request the reflect normal market prices and costs, the interven successful tenderer to supply the following informa tion agency may cancel the invitation to tender. tion :
(a) after each shipment a certificate showing the quan Article 4 tities dispatched and the quality of the products ;
(b) the date of the departure of the ships ; the 1 . The successful tenderer shall give security of a expected date of arrival of the products at their value of five units of account per metric ton of the destination ; product ; the security is intended to guarantee that the operations specified in Article 1 are duly completed . (c) all possible contingencies which might occur The security shall be forfeited if those operations are during transportation of the products. not carried out within the proscribed time limit, save as regards quantities not delivered owing to force The intervention agency shall transmit the informa majeure. tion provided for to the Commission as soon as it is received . 2. The security required under paragraph 1 may be provided in the form of a cash deposit or of a guarantee issued by a credit institution conforming to 5. When the intervention agency responsible for criteria laid down by each Member State. the operations relating to tendering is not the interven tion agency which appoints the successful tenderer, it shall send as soon as possible to the latter the informa tion necessary for releasing the security. A rticle 5
The product referred to in Article 1 must be of fair and sound merchantable quality and correspond at Article 7 least to the standard quality for which the interven tion price is fixed, except that the moisture content shall not exceed 14 % and that a maximum of 3 % of This Regulation shall enter into force on the day of its sprouted grains and 1-5% of miscellaneous impuri publication in the Official Journal of the European ties shall be allowed . Communities.
20 . 11 . 76 Official Journal of the European Communities No L 320/ 19
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 18 November 1976 . For the Commission P. J. LARDINOIS Member of the Commission
No L 320 /20 20 . 11 . 76 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 2 589 t communautaires dont : Gemeinschaftshäfen davon : Porti comunitari di cui : Havens van de Gemeenschap waarvan : Fællesskabshavne deraf : Community ports whereof : 973 t Rhenus-WTAG AG Duisburg Schifferstraße 58 4100 Duisburg 1 1 616 t Lagerhaus Heymann KG Krefeld Hentrichstraße 55 4150 Krefeld