CELEX: 31976R2695
Language: en
Date: 1976-11-05 00:00:00
Title: Commission Regulation (EEC) No 2695/76 of 5 November 1976 opening an invitation to tender for the mobilization of common wheat as food aid for the People's Republic of Mozambique

6. 11 . 76                              Official Journal of the European Communities                        No L 304/ 15
                                  COMMISSION REGULATION (EEC) No 2695/76
                                          *          of 5 November 1976
              opening an invitation tQ tender for the mobilization of common wheat as food
                                    aid for the People's Republic of Mozambique
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
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 People's Repu­
in particular Article 6 thereof,                                  blic of Mozambique of 5 000 metric tons of common
                                                                  wheat.
Whereas on 25 March 1976 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 People's Republic             Federal Republic of Germany in one lot.
of Mozambique 5 000 metric tons of common wheat
under its 1975/76 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 Maputo.
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 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 product shall be delivered in bulk.
Whereas the German intervention agency should be
made responsible for the tendering procedure in ques­                                     Art hie 2
tion ;
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
                                                                   on 19 November 1976 .
and of those accepted by the intervention agency ;
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .                            2.    The closing date for the receipt of tenders shall
(2) OJ No L 130, 19 . 5. 1976, p. 1 .                              be 19 November 1976 at 12 noon .
(3) OJ No L 281 , 1.11 . 1975, p. 89 .
 ---pagebreak--- No L 304/ 16                       Official Journal of the European Communities                              6. 11 . 76
3.     The   notice of invitation   to tender shall be       2.     It shall forwith communicate to the Commission
published in the Official Journal of the European            the list of firms which have responded to the invita­
Communities not less than nine days before the               tion to tender, specifying the terms of each tender,
closing date for submission of tenders.                      together with the name and business name of the
                                                             successful tenderer.
                        Article 3
                                                             3.     On the other hand, if the successful tenderer is
The contract shall be awarded to the tenderer who            established in a Member State other than the one
makes the most favourable offer.                             collecting the tenders, and if the product is dispatched
                                                             through a frontier post of the Member State where the
However, if the tenders submitted do not appear to           successful tenderer is established, the intervention
reflect normal market prices and costs, the interven­        agency of the latter Member State shall be responsible
tion agency may cancel the invitation to tender.             for the operations relating to the tendering.
                        Article 4
                                                             In this case the intervention agency chosing the
                                                             successful tenderer shall immediately inform the inter­
1 . The successful tenderer shall give security of a         vention agency of the Member State concerned and
value of five units of account per metric ton of the         shall supply it with all the information which it may
product ; the security is intended to guarantee that the     require.
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           (a) after each shipment a certificate showing the quan­
majeure.                                                         tities dispatched and the quality of the products ;
2. The security required under paragraph 1 may be            (b) the date of the departure of the ships ; the
provided in the form of a cash deposit or of a                   expected date of arrival of the products at their
guarantee issued by a credit institution conforming to           destination ;
criteria laid down by each Member State.                     (c) all possible contingencies which might occur
                                                                 during transportation of the products.
                        Article 5
                                                             The intervention agency shall transmit the informa­
The   product referred to in Article 1 must be of fair       tion provided for to the Commission as soon as it is
                                                             received .
and   sound merchantable quality and correspond at
least  to the standard quality for which the interven­       5. When the intervention agency responsible for
tion  price is fixed, except that the moisture content       the operations relating to tendering is not the interven­
shall not exceed 14 % and that a maximum of 3 % of
                                                             tion agency which appoints the successful tenderer, it
sprouted grains and 1-5% of miscellaneous impuri­            shall send as soon as possible to the latter the informa­
ties shall be allowed.
                                                             tion necessary for releasing the security.
                        Article 6                                                     Article 7
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, 5 November 1976.
                                                                        For the Commission
                                                                          P.J. LARDINOIS
                                                                   Member of the Commission
 ---pagebreak--- 6 . 11 . 76                                  Official Journal of the European Communities                                        No L 304/ 17
                         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                                5 000 t
                       communautaires                                   dont :
                       Gemeinschaftshäfen                             davon :
                       Porti comunitari                               di cui :
                       Havens van de
                       Gemeenschap                                 waarvan :
                       Fællesskabshavne                                deraf :
                       Community ports                             whereof :
                                                               985               Rhenus AG                            Bornum
                                                                                 Zweigniederlassung
                                                                                 Postfach 108
                                                                                 3200 Hildesheim
                                                             1 770               Westf. Transport AG                  Braunschweig
                                                                                 Niederlassung
                                                                                 Hafenstraße 32
                                                                                 3300 Braunschweig
                                                            2 245                Rintelner Lagerhaus                  Rinteln
                                                                                 Lagerei-Umschlag
                                                                                 Rudolf Meyer
                                                                                 Postfach 1350
                                                                                 3260 Rinteln 1