CELEX: 31976R2459
Language: en
Date: 1976-10-08 00:00:00
Title: Commission Regulation (EEC) No 2459/76 of 8 October 1976 opening an invitation to tender for the mobilization of common wheat as food aid for the United Nations High Commission for Refugees

No L 279 / 18                            Official Journal of the European Communities                             9 . 10 . 76
                                  COMMISSION REGULATION (EEC) No 2459/76
                                                        of 8 October 1976
              opening an invitation to tender for the mobilization of common wheat as food
                           aid for the United Nations High Commission for Refugees
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
Having regard to Council Regulation (EEC) No                        are in accordance with the opinion of the Manage­
2727/75 of 29 October 1975 on the common organiza­                  ment Committee for Cereals,
tion of the market in cereals ('), as amended by Regula­
tion (EEC) No 1 143/76 (2),
Having regard to Council Regulation (EEC) No                        HAS ADOPTED THIS REGULATION :
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and
in particular Article 6 thereof,                                                           Article 1
Whereas on 27 July 1976 the Council of the Euro­
pean Communities declared that by way of Commu­                     1 . Tenders are hereby invited for the supply to the
nity action it proposed to grant the United Nations                 United Nations High Commission for Refugees by
High Commission for Refugees 4 411 metric tons of                   way of a Community food-aid action of 4 411 metric
common       wheat     under     the        1975/76    food-aid     tons of common wheat.
programme ;
                                                                    2. The tendering procedure shall take place in
Whereas an analysis of the state of the cereals market              Belgium in one lot.
with reference to cereals intervention in Belgium indi­
cates that the criteria of Article 3 (2) of Council Regu­           3 . The product shall be mobilized by the Belgian
lation (EEC) No 2750/75 should be applied and that                  intervention agency from the stores specified in the
the intervention agency of the Member State as speci­               Annex .
fied should mobilize the cereals from those stocked in
its own stores and should also determine the condi­
tions of mobilization ;                                             4.    Loading shall take place for shipment from any
                                                                    Community port.
Whereas the proposed invitation to tender should be
for supply of the products delivered Limassol, that is              5. The invitation to tender provided for in para­
at the moment when the goods are actually placed on                 graph 1 is for supply of products delivered Limassol,
the dock or in the lighter where applicable ;                       that is at the moment when the goods are actually
                                                                    placed on the dock or in the lighter where applicable.
Whereas     the contract should           be  awarded   to  the
tenderer offering the best terms ;                                  6.    The successful tenderer shall deliver the product
Whereas in case it should be impossible for reasons of              specified in paragraph 1 in new jute sacks, having a
force majeure to complete the operations in question                net capacity of 50 kg.
within the set time limits, it must be made clear who
is to bear costs resulting therefrom ;                              The following shall be printed on the sacks :
Whereas provision should be made for security to be                 'Soft wheat — Gift of the European Economic
given for the purpose of guaranteeing that the obliga­              Community to the people of Cyprus'.
tions arising by virtue of participation in the invita­
tion to tender for supplies to the United Nations
 High Commission for Refugees will be fulfilled ;                                          Article 2
Whereas the Belgian intervention agency should be                    1 . The decision on tenders received in response to
 made responsible for the tendering procedure in ques­              the invitation provided for in Article 1 shall be taken
tion ;                                                              on 22 October 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
h) OJ No L 281 , 1 . 11 . 1975, p. 89.                              be 22 October 1976 at 12 noon .
 ---pagebreak--- 9 . 10 . 76                           Official Journal of the European Communities                         No L 279/ 19
3.     The   notice     of invitation  to  tender  shall be     2.      It shall forthwith communicate to the Commis­
published in the Official Journal of the European               sion the list of firms which have responded to the invi­
Communities not less than nine days before the                  tation 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
The contract shall be awarded to the tenderer who               3.      On the other hand , if the successful tenderer is
makes the most favourable offer.                                established in a Member State other than the one
                                                                collecting the tenders, and if the product is dispatched
However, if the tenders submitted do not appear to              through a frontier post of\ the Member State where the
correspond to normal market prices and costs, the               successful tenderer is established, the intervention
intervention agency may cancel the invitation to                agency of the latter Member State shall be responsible
tender.                                                          for the operations relating to the tendering.
                           Article 4
                                                                 In this case, the intervention agency choosing the
1 . The successful tenderer shall give security of a            successful tenderer shall immediately inform the inter­
value of five units of account per metric ton of the            vention agency of the Member State concerned and
product ; the security is intended to guarantee that the        shall supply it with all information which it may
operations specified in Article 1 are duly completed.            require .
The security shall be forfeited if those operations are
not carried out within the prescribed time limit, save           4. The intervention agency shall request the
as regards quantities not delivered owing to force               successful tenderer to supply the following informa­
majeure.                                                         tion :
2. The security required under paragraph 1 may be
provided in the form of a cash deposit or of a                  (a) after each shipment a certificate showing the
guarantee issued by a credit institution conforming to               quantities dispatched and the quality of the
criteria laid down by each Member State .                            products ;
                                                                 (b) the date of departure of the vessels ;
                           Artie e 5
                                                                (c) all possible contingencies which might occur
The common wheat referred to in Article 1             to be          during transportation of the products.
supplied to the United Nations High Commission for
Refugees, must be of fair and sound merchantable
                                                                 The intervention agency shall transmit the informa­
quality and correspond at least to the standard quality
                                                                 tion provided for to the Commission as soon as it is
for which the intervention price is fixed, except that           received .
the moisture content shall not exceed 15 % and that a
maximum of 3 % of sprouted grains and 1 -5 % of
miscellaneous impurities shall be allowed .
                                                                                           Article 7
                           Artie e 6
1 . The Belgian 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, 8 October 1 976 .
                                                                            For the Commission
                                                                               P . J. LARDINOIS
                                                                        Member of the Commission
 ---pagebreak--- No L 279/ 20                      Official Journal of the European Communities                                    9 . 10 . 76
                     ANNEXE — ANHANG — ALLEGATO — BIJLAGE — BILAG — ANNEX
               Numéro du lot        Port d'embarquement    Quantité à mettre en fob         Lieu de stockage
              Nummer der Lose        Verschiffungshafen  Nach fob zu bringende Menge      Ort der Lagerhaltung
             Numero della partita      Porto d'imbarco  Tonnellaggio da mettere in. fob Luogo di accantonamento
             Nummer van de partij    Haven van inlading  Fob aan te leveren hoeveelheid Adres van de opslagplaats
               Partiets nummer        Indskibningshavn      Mængde til levering fob            Lagerplads
                Number of lot         Port of shipment         Metric tonnage fob        Town at which stored
                        1          Ports                          4 411 tonnes
                                   communautaires                           dont :
                                   Gemeinschaftshäfen                      davon :
                                   Porti comunitari                       di cui :
                                   Havens van de
                                   Gemeenschap                          waarvan :
                                   Fællesskabshavne                         deraf :
                                   Community ports                      whereof :
                                                                            878 t        Floreffe
                                                                            594 t        Ath
                                                                             199 t       Gent
                                                                          2 740 t        Antwerpen