CELEX: 31976R1885
Language: en
Date: 1976-07-30 00:00:00
Title: Commission Regulation (EEC) No 1885/76 of 30 July 1976 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Honduras

31 . 7 . 76                             Official Journal of the European Communities                         No L 206/71
                                    COMMISSION REGULATION (EEC) No 1885/76
                                                          of 30 July 1976
                opening an invitation to 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 1 143/76 (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 3 500 metric tons of common wheat.
Whereas on 3 ' March 1975 the Council of the Euro­
 pean Communities declared that by way of Commu­                    2. The tendering procedure shall take place in the
 nity action it proposed to grant the Republic of                    Federal Republic of Germany \n one lot.
 Honduras 3 500 metric tons of common wheat under
its 1974/75 food-aid programme ;                                    3.    The product shall be mobilized by the German
                                                                    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 ;
Whereas the proposed invitation to tender shoujd 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
                                                                    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 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
Whereas provision should be made for security to be                 the authorized agent and the receiving agent of the
given to guarantee fulfilment of the obligations arising            recipient country.
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 13 August 1976.
(') OJ No L 281 , 1 . 11 . 1975, p . 1 .
(2 ) OJ No L 130, 19 . 5 . 1976, p. 1 .                             2. The closing date for the receipt of tenders shall
P) OJ No L 281 , 1 . 11 . 1975, p. 89.                              be 13 August 1976 at 12 noon .
 ---pagebreak---  No L 206/72                        Official Journal of the European Communities                               31 . 7. 76
 3.     The notice of invitation to tender shall be             3.     On the other hand, if the successful tenderer is
 published in the Official Journal of the European              established in a Member State other than the one
 Communities not less than nine days before the                 collecting the tenders, and if the product is dispatched
 closing date for submission of tenders.                        through a frontier post of the Member State where the
                                                                successful tenderer is established, the intervention
                          Article 3                             agency of the latter Member State shall be responsible
                                                                for the operations relating to the tendering.
 The contract shall be awarded to the tenderer who
 makes the most favourable offer.                               In this case the intervention agency chosing the
 However, if the tenders submitted do not appear to             successful tenderer shall immediately inform the inter­
 reflect normal market prices and costs, the interven­          vention agency of the Member State concerned and
 tion agency may cancel the invitation to tender.               shall supply it with all the information which it may
                                                                require.
                          Article 4
                                                               4. The intervention agency shall request the
 1 . The successful tenderer shall give security of a           successful tenderer to supply the following informa­
                                                                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 ;
The security shall be forfeited if those operations are
 not carried out within the prescribed time limit, save        (b) the date of the departure of the ships ; the
 as regards quantities not delivered owing to force                 expected date of arrival of the products at their
                                                                    destination ;
 majeure.
                                                               (c) all possible contingencies which might occur
2. The security reqi ", ed 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 the Commission as soon it is
                                                               received .
                          Article 5
                                                               5. When the intervention agency responsible for
The product referred to in Article 1 must be of fair           the operations relating to tendering is not the interven­
and sound merchantable quality and correspond at               tion agency which appoints the successful tenderer, it
least to the standard quality for which the interven­          shall send as soon as possible to the latter the informa­
tion price is fixed, except that the moisture content          tion necessary for releasing the security.
shall not exceed 12,5 % and that a maximum of 3 %
pf sprouted grains and 1-5 % of miscellaneous impuri­
ties shall be allowed .                                                                Article 7
                         Article 6                             The expenses incurred by the drying of the product to
                                                               the percentage referred to in Article 5, are reimbursed
1 . The German intervention agency shall be respon­            in accordance with Article 4 ( 1 ) (d) of Regulation
sible for operations relating to the invitation to tender      (EEC) No 787/69 . .
provided for by this Regulation .
2.     It shall forwith communicate to the Commission                                  Article 8
the list of firms which have responded to the invita­
tion 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, 30 July 1976.
                                                                          For the Commission
                                                                            P.J. LARDINOIS
                                                                     Member of the Commission
 ---pagebreak--- 31 . 7. 76                                  Official Journal of the European Communities                                        No L 206/73
                        ANNEXE — ANHANG — ALLEGATO — BIJLAGE — BILAG — ANNEX
     Numéro du lot       Port d'embarquement          Tonnage à mettre en caf           Nom et adresse du stockeur          Lieu de stockage
   Nummer der Lose        Verschiffungshafen        Nach cif zu bringende Menge      Name und Adresse des Lagerhalters    Ort der Lagerhaltung
  Numero della partita      Porto d' imbarco        Tonnellaggio da mettere in cif     Nome e indirizzo del detentore   Luogo di accantonamento
 Nummer van de partij     Haven van inlading         Cif aan te leveren hoeveelheid Naam en adres van de entrepothouder Adres van de opslagplaats
    Partiets nummer       Indskribningshavn            Mængde til levering cif       Lagerindehaverens navn og adresse         Lagerplads
     Number of lot         Port of shipment               Metric tonnage cif                  Address of store           Town at which stored
             1         Ports                               3 500 Tonnen             Emden Lagerhausgesellschaft              2970 Emden
                       communautaires                                               mbH,                                     (Außenhafen)
                       Gemeinschafts­                                               Nesserlandstraße 150
                       häfen
                       Porti comunitari
                       Havens van de
                       Gemeenschap
                       Fællesskabshavne
                       Community ports