31977R1121

28 . 5 . 77 Official Journal of the European Communities No L 134/45

COMMISSION REGULATION ( EEC) No 1121 /77 of 27 May 1977 opening a new invitation to tender for the mobilization of durum wheat as food aid for the Republic of Malta

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 last amended by Regulation (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 tions for the mobilization of cereals as food aid (3), and way of Community food-aid action , to the Republic of in particular Article 6 thereof, Malta, of 1 000 tonnes of durum wheat . Whereas on 8 February 1977 the Council of the Euro­ pean Communities declared that by way of Commu­ 2. The tendering procedure shall take place in nity action it proposed to grant the Republic of Malta Belgium in one lot. 1 000 tonnes of durum wheat under the 1976/77 food­ aid programme ; 3 . The product shall be mobilized by the Belgian 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 Belgium indi­ cates that the criteria of Article 3 (2) of Council Regu­ 4. Shipment shall be from Antwerp. lation (EEC) No 2750/75 should be applied and that the intervention agency of the Member States as speci­ 5. The product referred to in paragraph 1 is to be fied should mobilize the cereals from those stocked in delivered in bulk to the port of shipment in the its own stores and should also determine the condi­ vicinity of the vessel . The goods must be set down at tions of mobilization ; the place nominated by the recipient country or its Whereas tenders should be invited for the supply of agent, the timing of delivery being settled by the the product to the port of shipment in the vicinity of tenderer and the recipient country's agent. the vessel, the goods to be set down at the place nomi­ nated by the recipient or its agent ; Article 2 Whereas the contract should be awarded to the tenderer offering the best terms ; 1 . The decision on tenders received in response to Whereas in case it should be impossible for reasons of the invitation provided for in Article 1 shall be taken force majeure to complete the operations in question on 10 June 1977 . within the set time limits , it must be made clear who is to bear costs resulting therefrom ; 2. The closing date for the receipt of tenders shall be 10 June 1977 at 12 noon . Whereas provision should be made for security to be given to guarantee fulfilment of the obligations arising 3 . The notice of invitation to tender shall be by virtue of participation in the invitation to tender published in the Official Journal of the European for the supply of durum wheat to the Republic of Communities not less than nine days before the Malta ; closing date for submission of tenders . Whereas the Belgian 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 . (2 ) OJ No L 354, 24 . 12 . 1976, p . 1 . reflect normal market prices and costs, the interven­ (3 ) OJ No L 281 , 1 . 11 . 1975 , p . 89 . tion agency may cancel the invitation to tender.

No L 134/46 Official Journal of the European Communities 28 . 5 . 77

Article 4 3 . On the other hand, if the successful tenderer is established in a Member State other than the one If the tenderer is unable to deliver the goods in collecting the tenders, and if the product is dispatched compliance with Article 1 (5) on the date given in the through a frontier post of the Member State where the notice of invitation to tender as a result of the late successful tenderer is established, the intervention availability of the vessels to be used for sea transporta­ agency of the latter Member State shall be responsible tion the resulting costs shall be borne by the interven­ for the operations relating to the tendering. tion agency. In this case, the intervention agency choosing the Article 5 successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and 1 . The successful tenderer shall give security of a shall supply it with all the information which it may value of five units of account per tonne 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 majeure. (a) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; 2. The security required under paragraph 1 may be (b) the date of departure of the vessels. provided in the form of a cash deposit or of a gurantee issued by a credit institution conforming to The information indicated above shall be forwarded criteria laid down by each Member State. by the intervention agency to the Commission immediately upon receipt. Article 6

The product referred to in Article 1 must be of fair Article 8 and sound merchantable quality, be free from odour, and correspond at least to the standard quality for On delivery of the goods at the port of shipment, a which the intervention price is fixed . handing-over certificate shall be supplied to the successful tenderer, acting as agent for the Commu­ Article 7 nity, by the agent of the recipient country, or, in the absence of the latter, by the intervention agency of the 1 . The Belgian intervention agency shall be respon­ Member State in whose territory the port of shipment sible for operations relating to the invitation to tender is situated . provided for by this Regulation .

2 . It shall forthwith communicate to the Commis­ Article 9 sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, This Regulation shall enter into force on the day of its together with the name and business name of the publication in the Official Journal of the European successful tenderer . Communities.

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

Done at Brussels, 27 May 1977 .

For the Commission

Finn GUNDELACH

Vice-President

28 . 5 . 77 Official Journal of the European Communities No L 134/47

ANNEX

Number of lot Port of shipment Tonnage fob Town at which stored

1 Antwerp 1 000 tonnes Antwerp