31976R3153
No L 354/ 26 24 . 12 . 76 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 3153/76 of 23 December 1976 opening an invitation to tender (or the mobilization of common wheat as food aid for Ethiopia
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 ment Committee for Cereals, Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza tion of the market in cereals (l), as last amended by Regulation (EEC) No 1 143/76 (2), HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi Article 1 tions for the mobilization of cereals as food aid (3), and in particular Article 6 thereof, 1 . Tenders are hereby invited for the supply by way Whereas on 25 March 1976 the Council of the Euro of Community food-aid action to Ethiopia of 7 500 metric tons of common wheat. pean Communities declared that by way of Commu nity action it proposed to grant Ethiopia 7 500 metric tons of common wheat under its 1975/76 food-aid 2. The tendering procedure shall take place in the programme ; Federal Republic of Germany in one lot.
3 . The product shall be mobilized by the German Whereas an analysis of the state of the cereals market with reference to cereals intervention in Germany indi intervention agency from the stores specified in the Annex . cates that the criteria of Article 3 (2) of Council Regulation (EEC) No 2750/75 should be applied and 4. Shipment shall be from a Community port. that the intervention agency of the Member State as specified should mobilize the cereals from those stocked in its own stores and should also determine 5. The invitation to tender provided for in para the conditions of mobilization ; graph 1 is for supply of products removed from the ship's hold at the port of unloading. Whereas the proposed invitation to tender should be The recipient country shall bear all costs subsequent for supply of the products removed from the ship's to delivery of the goods, including unloading costs hold at the port of unloading ; (such as unstowing, hoisting and reception) and any Whereas the contract should be awarded to the lighterage costs. tenderer offering the best terms ; Any demurrage costs or dispatch money at the port of 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 successful tenderer shall deliver the product specified in paragraph 1 to the port of Assab in new Whereas the German intervention agency should be jute sacks of a net capacity of 50 kilogrammes. made responsible for the tendering procedure in ques tion ; The following shall be printed on the sacks :
(') OJ No L 281 , 1 . 11 . 1975, p. 1 . (*) OJ No L 130 , 19 . 5. 1976, p. 1 . 'Common wheat — Gift of the European Economic (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . Community to Ethiopia — For free distribution'.
24. 12 . 76 Official Journal of the European Communities No L 354/27
Article 2 2. It shall forwith communicate to the Commission the list of firms which have responded to the invita 1 . The decision on tenders received in response to tion to tender, specifying the terms of each tender, the invitation provided for in Article 1 shall be taken together with the name and business name of the on 7 January 1977. successful tenderer. 2. The closing date for the receipt of tenders shall be 7 January 1977 at 12 noon . 3 . On the other hand, if the successful tenderer is established in a Member State other than the one 3 . The notice of invitation to tender shall be collecting the tenders, and if the product is dispatched published in the Official Journal of the European through a frontier post of the Member State where the Communities not less than nine days before the successful tenderer is established, the intervention closing date for submission of tenders. agency of the latter Member State shall be responsible for the operations relating to the tendering. Article 3
The contract shall be awarded to the tenderer who In this case the intervention agency chosing the makes the most favourable offer. successful tenderer shall immediately inform the inter vention agency of the Member State concerned and However, if the tenders submitted do not appear to shall supply it with all the information which it may reflect normal market prices and costs, the interven require. tion agency may cancel the invitation to tender.
Article 4 4. The intervention agency shall request the successful tenderer to supply the following informa 1 . The successful tenderer shall give security of a tion : value of five units of account per metric ton of the product ; the security is intended to guarantee that the (a) after each shipment a certificate showing the quan operations specified in Article 1 are duly completed. tities dispatched and the quality of the products ; TTie security shall be forfeited if those operations are (b) the date of the departure of the ships ; the not carried out within the prescribed time limit, save expected date of arrival of the products at their as regards quantities not delivered owing to force destination ; majeure. (c) all possible contingencies which might occur 2. The security required under paragraph 1 may be during transportation of the products. provided in the form of a cash deposit or of a guarantee issued by a credit institution conforming to The intervention agency shall transmit the informa criteria laid down by each Member State. tion provided for to the Commission as soon as it is received . Article 5 The product referred to in Article 1 must be of fair 5. When the intervention agency responsible for and sound merchantable quality and correspond at the operations relating to tendering is not the interven least to the standard quality for which the interven tion agency which appoints the successful tenderer, it tion price , is fixed, except that the moisture content shall send as soon as possible to the latter the informa shall not exceed 14 % and that a maximum of 3 % of tion necessary for releasing the security. sprouted grains and 1-5% of miscellaneous impuri ties shall be allowed . Article 7 Article 6
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 provided for by this Regulation . Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 23 December 1976. For the Commission P.J. LARDINOIS Member of the Commission
No L 354/ 28 Official Journal of the European Communities 24 . 12 . 76
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 7 500 t communautaires dont : Gemeinschaftshäfen davon : Porti comunitari di cui : Havens van de Gemeenschap waarvan : ' Fællesskabshavne deraf : Community ports whereof : 2 033 t Rhenus-WTAG AG Köln Agrippinawerft Postfach 25 03 20 5000 Köln 1 2 400 t Johs. Stelten KG Nettetal 2 Müllerstraße 9 415 Krefeld 1 500 t Neusser Lagerhaus Neuss Gesellschaft AG Duisburger Straße 1 B 1040 Neuss/ Rhein 2 567 t Heinrich Kraft Neuss-Nord Danziger Straße 25 4040 Neuss/ Rhein