CELEX: 31976R2574
Language: en
Date: 1976-10-22 00:00:00
Title: Commission Regulation (EEC) No 2574/76 of 22 October 1976 opening an invitation to tender for the mobilization of common wheat as food aid for the Arab Republic of Yemen

No L 293/20                              Official Journal of the European Communities                            23 . 10 . 76
                                    COMMISSION REGULATION ( EEC) No 2574/76
                                                       of 22 October 1976
              opening an invitation to tender for the mobilization of common wheat as food
                                              aid for the Arab Republic of Yemen
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
                                                                   are in accordance with the opinion of the Manage­
Having regard to Council Regulation ( EEC) No                      ment Committee for Cereals,
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals ('), as amended by Regula­
tion (EEC) No 11 43/76 (2),
Having regard to Council Regulation ( EEC) No                      HAS ADOPTED THIS REGULAT ON :
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 25 March 1976 the Council of the Euro­
pean Communities declared that by way of Commu­                     1 . Tenders are hereby invited for the supply by way
nity action it proposed to grant the Arab Republic of              of Community food-aid action to the Arab Republic
Yemen 6 000 metric tons of common wheat under its                  of Yemen of 6 000 metric tons of common wheat .
1975/76 food-aid programme ;
Whereas an analysis of the state of the cereals market             2 . The tendering procedure shall take place in the
with reference to cereals intervention in Germany indi­             Federal Republic of Germany in one lot .
cates that the criteria of Article 3 (2) of Council Regu­
lation (EEC) No 2750/75 should be applied and that                 3.     The product shall be mobilized by the German
the intervention agency of the Member State as speci­               intervention agency from the stores specified in the
fied should mobilize the cereals from those stocked in             Annex .
its own stores and should also determine the condi­
tions of mobilization ;
                                                                   4.     Shipment shall be from the port of Bremen .
Whereas tenders should be invited for the supply of
the product to the port of shipment in the vicinity of              5 . The product referred to in paragraph 1 is to be
the vessel, the goods to be set down at the place nomi­            delivered in bulk to the port of shipment in the
nated by the recipient or its agent ;                              vicinity of the vessel . The goods must be set down at
                                                                    the place nominated by the recipient country or its
Whereas     the  contract     should       be  awarded  to the      agent, the timing of delivery being settled by the
tenderer offering the best terms ;                                  tenderer and the recipient country's agent .
Whereas in case it should be impossible for reasons of
force majeure to complete the operation in question                                         Article 2
within the set time limits, it must be made clear who
is to bear any costs resulting therefrom ;
                                                                    1.    The decision on tenders received in response to
Whereas provision should be made for security to be                 the invitation provided for in Article 1 shall be taken
given to guarantee fulfilment of the obligations arising            on 5 November 1976 .
by virtue of participation in the invitation to tender ;
                                                                    2.    The closing date for the receipt of tenders shall
Whereas the German intervention agency should be                    be 5 November 1976 at 12 noon .
made responsible for the tendering procedure in ques­
tion ;
                                                                    3.    The   notice of   invitation to  tender  shall   be
(') OJ No L 281 , 1 . 11 . 1975, p . 1 .
                                                                    published in the Official Journal of the European
(-) OJ No L 130 , 19 . 5 . 1976, p . 1 .                            Communities not less than nine days before the
(3 ) OJ No L 281 , 1 . 11 . 1975 , p . 89.                          closing date for submission of tenders .
 ---pagebreak--- 23 . 10 . 76                        Official Journal of the European Communities                         No L 293 / 21
                         Article 3                            2.      It shall forthwith communicate to the Commis­
The contract shall be awarded to the tenderer who             sion the list of firms which have responded to the invi­
makes the most favourable offer.                              tation to tender, specifying the terms of each tender,
                                                              together with the name and business name of the
However, if the tenders submitted do not appear to            successful tenderer.
reflect normal market prices and costs, the interven­
tion agency may cancel the invitation to tender.              3.     On the other hand , if the successful tenderer is
                                                              established in a Member State other than the one
                         Article 4                            collecting the tenders, and if the product is dispatched
                                                              through a frontier post of the Member State where the
If the tenderer is unable to deliver the goods in             successful tenderer is established , the intervention
compliance with Article 1 (5) on the date given in the        agency of the latter Member State shall be responsible
notice of invitation to tender as a result of the late         for the operations relating to the tendering.
availability of the vessels to be used for sea transporta­
tion, the resulting costs shall be borne by the interven­      In this case the intervention agency choosing the
tion agency.                                                  successful tenderer shall immediately inform the inter­
                                                              vention agency of the Member State concerned and
                         Article 5                            shall supply it with all the information which it may
                                                               require .
1 . The successful tenderer shall give security of a
value of five units of account per metric ton of the          4. The intervention agency shall request the
product ; the security is intended to guarantee that the      successful tenderer to supply the following informa­
operations specified in Article 1 are duly completed .        tion :
The security shall be forfeited if those operations are
not carried out within the prescribed time limit, save        (a) after each shipment a certificate showing the quan­
as regards quantities not delivered owing to force                 tities dispatched and the quality of the products
majeure.                                                      (b) the date of departure of the vessels.
2. The security required under paragraph 1 may be             The information indicated above shall be forwarded
provided in the form of a cash deposit or of a                 by the intervention agency to the Commission imme­
guarantee issued by a credit institution conforming to        diately upon receipt .
criteria laid down by each Member State .
                         Article 6                                                       Article 8
The common wheat referred to in Article           1 to be      On delivery of the goods at the port of shipment, a
supplied to the Arab Republic of Yemen must be of              handing-over certificate shall be supplied to the
fair and sound merchantable quality and correspond            successful tenderer, acting as agent for the Commu­
at least to the standard quality for which the interven­       nity, by the agent of the recipient country or, in the
tion price is fixed, except that the moisture content          absence of the latter, by the intervention agency of the
shall not exceed 14 % and that a maximum of 3 % of             Member State in whose territory the port of shipment
sprouted grains and 1-5% of miscellaneous impuri­              is situated .
ties shall be allowed .
                         Article 7                                                       Article 9
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 , 22 October 1976 .
                                                                          /• or the Commission
                                                                              P. J. LARD1NOIS
                                                                     /Member of the (,0m m ission
 ---pagebreak--- No L 293 / 22                               Official Journal of the European Communities                                           23 . 10 . 76
                        A NNEXE — ANHANG — ALLEGATO — BIJLAGE — BILAG — ANNEX
   Numero tiu lot        Port d'embarquement         Tonnage a mettre en fob          Nom et adresse du stockeur          Lieu de stockage
  Nummer tier Lose        Verschiffungshafen      Nach fob zu bringende Menge      Name und Adresse des Lagerhalters    Ort der Lagerhaltung
 Numero dcl la partita      Porto d' imbarco      Tonnellaggio da mettere in fob     Nome e indirizzo del detentore   Luogo di accantonamento
 Nummer van de parti )    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          Bremen                                6 000 t
                                                                        dont :
                                                                      davon :
                                                                      di cui :
                                                                    waarvan :
                                                                        deraf :
                                                                    whereof :
                                                             1 400 t             Emder        Lagerhausgesellschaft   Emden
                                                                                 mbH
                                                                                 Nesserlandstraße 150
                                                                                 2970 Emden-Außenhafen
                                                             4 600 t             Wilhelm Bley KG                      Emden
                                                                                 Philosophenweg, 40
                                                                                 2970 Emden