31976R2949

No L 335/ 18 4. 12. 76­ Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2949/76 of 3 December 1976 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Upper Volta

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 Republic of tions for the mobilization of cereals as food aid (3), and Upper Volta of 3 500 metric tons of common wheat. in particular Article 6 thereof, Whereas on 3 March 1975 the Council of the Euro­ 2. The tendering procedure shall take place in the Federal Republic of Germany in four lots. pean Communities declared that by way of Commu­ nity action it proposed to grant the Republic of Upper Volta 3 500 metric tons of common wheat under its 3. The product shall be mobilized by the German intervention agency from the stores specified in the 1974/75 food-aid programme ; Annex . Whereas an analysis of the state of the cereals market with reference to cereals intervention in Germany indi­ 4. Shipment shall be from a Community port. cates that the criteria of Article 3 (2) of Council Regu­ lation (EEC) No 2750/75 should be applied and that 5. The invitation to tender provided for in para­ the intervention agency of the Member State as speci­ graph 1 is for supply of the products delivered to fied should mobilize the cereals from those stocked in Banfora . its own stores and should also determine the condi­ tions of mobilization ; 6. The product shall be delivered in bulk.

Whereas the proposed invitation to tender should be for supply of the products delivered to Banfora ; Article 2

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 17 December 1976 . Whereas in case it should be impossible for reasons of force majeure to complete the operation in question within the set time limits, it must be made clear who 2. The closing date for the receipt of tenders shall be 17 December 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 German 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 of those accepted by the intervention agency ; However, if the tenders submitted do not appear to (!) OJ No L 281 , 1 . 11 . 1975, p. 1 . (*) OJ No L 130, 19 . 5. 1976, p. 1 . reflect normal market prices and costs, the interven­ (J) OJ No L 281 , 1 . 11 . 1975, p. 89 . tion agency may cancel the invitation to tender.

4. 12. 76 No L 335/ 19 Official Journal of the European Communities

Article 4 collecting the tenders, and if the product is dispatched through a frontier post of the Member State where the 1 . The successful tenderer shall give security of a successful tenderer is established, the intervention value of five units of account per metric ton of the agency of the latter Member State shall be responsible product ; the security is intended to guarantee that the for the operations relating to the tendering. operations specified in Article 1 are duly completed. The security shall be forfeited if those operations are In this case the intervention agency chosing the not carried out within the prescribed time limit, save successful tenderer shall immediately inform the inter­ as regards quantities not delivered owing to force vention agency of the Member State concerned and majeure. shall supply it with all the information which it may require. 2. The security required under paragraph 1 may be provided in the form of a cash deposit or of a 4. The intervention agency shall request the guarantee issued by a credit institution conforming to successful tenderer to supply the following informa­ criteria laid down by each Member State. tion :

(a) after each shipment a certificate showing the quan­ Article 5 tities dispatched and the quality of the products ; The product referred to in Article 1 must be of fair (b) the date of the departure of the ships ; the and sound merchantable quality and correspond at expected date of arrival of the products at their least to the standard quality for which the interven­ destination ; tion price is fixed, except that the moisture content (c) all possible contingencies which might occur shall not exceed 14 % and that a maximum of 3 % of during transportation of the products. sprouted grains and 1 -5 % of miscellaneous impuri­ ties shall be allowed . The intervention agency shall transmit the informa­ tion provided for to the Commission as soon as it is Article 6 received .

1 . The German intervention agency shall be respon­ 5. When the intervention agency responsible for sible for operations relating to the invitation to tender the operations relating to tendering is not the interven­ provided for by this Regulation . tion agency which appoints the successful tenderer, it shall send as soon as possible to the latter the informa­ 2 . It shall forwith communicate to the Commission tion necessary for releasing the security. the list of firms which have responded to the invita­ tion to tender, specifying the terms of each tender, Article 7 together with the name and business name of the successful tenderer. This Regulation shall enter into force on the day of its 3 . On the other hand, if the successful tenderer is publication in the Official Journal of the European established in a Member State other than the one Communities.

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

Done at Brussels, 3 December 1976 . For the Commission P.J. LARDINOIS Member of the Commission

No L 335/20 4 . 12 . 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 Metric tonnage fob Address of store Town at which stored

Ports 3 500 t communautaires dont : Gemeinschaftshäfen davon : Porti comunitari di cui : Havens van de waarvan : Gemeenschap Fællesskabshavne deraf : Community ports whereof : 1 1 000 t Heymann und Co. 2 1 000 t KG-Saargetreide Niederlosheim 3 1 000 t Postfach 264 4 500 t 4150 Krefeld 11