31977R0294
No L 42/8 Official Journal of the European Communities 12. 2 . 77
COMMISSION REGULATION (EEC) No 294/77 of 11 February 1977 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Honduras
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 3138/76 (2), Article 1 Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi 1 . Tenders are hereby invited for the supply by way tions for the mobilization of cereals as food aid (3), and of Community food-aid action to the Republic of in particular Article 6 thereof, Honduras of 7 000 tonnes of common wheat.
Whereas on 25 March 1976 the Council of the Euro 2. The tendering procedure shall take place in the pean Communities declared that by way of Commu Federal Republic of Germany in two lots. nity action it proposed to grant the Republic of Honduras 7 000 tonnes of common wheat under its 3. The product shall be mobilized by the German 1975/76 food-aid programme ; 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 Puerto Cortes. 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 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 ahd 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 tion ; Article 2
Whereas the Commission must be informed quickly 1 . The decision on tenders received in response to of the tenders submitted in response to the invitation the invitation provided for in Article 1 shall be taken and of those accepted by the intervention agency ; on 25 February 1977.
(') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 354, 24. 12. 1976, p. 1 . 2. The closing date for the receipt of tenders shall (J) OJ No L 281 , 1 . 11 . 1975, p. 89. be 25 February 1977 at 12 noon .
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3 . The notice of invitation to tender shall be together with the name and business name of the successful tenderer. published in the Official Journal of the European Communities not less than nine day before the 3 . On the other hand, if the successful tenderer is closing date for submission of tenders. established in a Member Stare other than the one collecting the tenders, and if the product is dispatched Article 3 through a frontier post of the Member State where the The contract shall be awarded to the tenderer who successful tenderer is established, the intervention makes the most favourable offer. agency of the latter Member State shall be responsible for the operations relating to the tendering. However, if the tenders submitted do not appear to In this case the intervention agency choosing the reflect normal market prices and costs, the interven successful tenderer shall immediately inform the inter tion agency may cancel the invitation to tender. vention agency of the Member State concerned and shall supply it with all the information which it may Article 4 require . 1 . The successful tenderer shall give security of a 4. The intervention agency shall request the value of five units of account per tonne of the successful tenderer to supply the following informa product ; the security is intended to guarantee that the tion : operations specified in Article 1 are duly completed. (a) after each shipment a certificate showing the quan The security shall be forfeited if those operations are tities dispatched and the quality of the products ; not carried out within the prescribed time limit, save as regards quantities not delivered owing to force (b) the date of the departure of the ships ; the majeure. expected date of arrival of the products at their destination ; 2. The security required under paragraph 1 may be provided in the form of a cash deposit or of a (c) all possible contingencies which might occur guarantee issued by a credit institution conforming to during transportation of the products. criteria laid down by each Member State. The intervention agency shall transmit the informa tion provided for to the Commission as soon as it is Article 5 received . 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 12-5 % and that a maximum of 3 % tion necessary for releasing the security. of sprouted grains and 1-5 % of miscellaneous impuri ties shall be allowed. The protein content must be at Article 7 least 10*5 % . The expenses incurred by the drying of the product to Article 6 the percentage referred to in Article 5, are reimbursed in accordance with Article 4 ( 1 ) (d) of Regulation 1 . The German intervention agency shall be respon (EEC) No 787/69 . sible for operations relating to the invitation to tender provided for by this Regulation. Article 8
2. It shall forthwith communicate to the Commis This Regulation shall enter into force on the day of its sion the list of firms which have responded to the invi publication in the Official Journal of the European tation to tender, specifying the terms of each tender, Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 11 February 1977.
For the Commission
Finn GUNDELACH
Vice-President
No L 42/ 10 Official Journal of the European Communities 12 . 2. 77
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 communautaires 7 000 t dont : Gemeinschaftshäfen davon : Porti comunitari di cui : Havens van de Gemeenschap waarvan : Fællesskabshavne deraf : Community ports whereof : 1 1 750 L.W. Cretschmar Düsseldorf- Hafen Postfach W 9109 4000 Düsseldorf 1 Lager Nr. 302 240 477 Düsseldorf-Hafen Lagerhaus Paul Lamers GmbH & Co., KG Speditionsstraße 13 4000 Düsseldorf 1 Lager Nr. 302 170 1 210 Heinrich Kraft Neuss- Hafen Schiffahrt-Spedition-Lagerung Postfach 270 4040 Neuss/Rhein Lager Nr. 302 200 2 596 Rhenus-WTAG AG Düsseldorf-Hafen Zweigniederlassung Postfach 6625 4000 Düsseldorf 1 Lager Nr. 302 000 2 967 Neusser Lagerhaus Neuss-Hafen Gesellschaft AG Postfach 689 4040 Neuss/Rhein Lager Nr. 302 1 10