CELEX: 31976R2318
Language: en
Date: 1976-09-24 00:00:00
Title: Commission Regulation (EEC) No 2318/76 of 24 September 1976 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Rwanda

25 . 9 . 76                               Official Journal of the European Communities                        No L 261 / 19
                                      COMMISSION REGULATION ( EEC) No 2318 /76
                                                        of 24 September 1976
                 opening an invitation to tender for the mobilization of common wheat as food
                                                   aid for the Republic of Rwanda
 THE COMMISSION OF THE EUROPEAN                                       Whereas the Commission must be informed quickly
 COMMUNITIES,                                                         of the tenders submitted in response to the invitation
                                                                      and 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 Regu­
 lation (EEC) No 1143/76 (2 ),
                                                                       HAS ADOPTED THIS REGULATION :
 Having regard to Council Regulation (EEC) No
 2750/75 of 29 October 1 975 laying down the condi­
 tions for the mobilization of cereals as food aid (3),
 and in particular Article 6 thereof,                                                         Article 1
                                         *
 Whereas on 3 March 1975 the Council of the Euro­                      1 . Tenders are hereby invited for the supply by way
 pean Communities declared that by way of Commu­                      of Community food-aid action to the Republic of
 nity action it proposed to grant the Republic of                     Rwanda of 2 500 metric tons of common wheat .
 Rwanda 2 500 metric tons of common wheat under its
  1974/75 food-aid programme ;                                        2. The tendering procedure shall take place in
                                                                      Belgium in three lots .
 Whereas an analysis of the state of the cereals market
 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
                                                                      intervention agency from the stores specified in the
 lation ( EEC) No 2750/75 should be applied and that                  Annex .
 the intervention agency of the Member State as speci­
 fied should mobilize the cereals from those stocked in
 its own stores and should also determine the condi­                  4.    Shipment shall be from a Community port.
 tions of mobilization ;
                                                                      5 . The invitation to tender provided for in para­
 Whereas the proposed invitation to tender should be                  graph 1 is for supply of the products delivered to
 for supply of the products delivered to Ruhenjeri ;                  Ruhenjeri .
 Whereas      the  contract    should       be  awarded   to  the     6 . The successful tenderer shall deliver the product
 tenderer offering the best terms ;                                   specified in paragraph 1 in new jute sacks of a net
                                                                      capacity of 50 kilogrammes. The following shall be
 Whereas in case it should be impossible for reasons of               printed on the sacks :
 force majeure to complete the operations in question
 within the set time limits , it must be made clear who                Froment tendre / Don de la Communauté écono­
 is to bear any costs resulting therefrom ;                           mique européenne à la république du Rwanda /
                                                                      Destiné à la vente .'
Whereas provision should be made for security fo be
given to guarantee fulfilment of the obligations arising
 by virtue of participation in the invitation to tender ;                                     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 8 October 1976 .
(') OJ No L 281 , 1 . 11 . 1975, p . 1 .
I2) OJ No L 130, 19. 5. 1976, p. 1 .                                  2    The closing date for the receipt of tenders shall
(3 ) OJ No L 281 , 1 . 1 1 . 1975, p . 89 .                           be 8 October 1976 at 12 noon .
 ---pagebreak--- No L 261 /20                       Official Journal of the European Communities                              25 . 9 . 76
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
                                                             3.     On the other hand , if the successful tenderer is
                                                             established in a Member State other than the one
The contract shall be awarded to the tenderer who
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.
                                                             In this case the intervention agency choosing the
                        Article 4
                                                             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 to the Commission as soon as it is
and   sound merchantable quality and correspond at           received .
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 1 4-5 % and that a maximum of 3 %
                                                             tion agency which appoints the successful tenderer, it
of 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.
                        Artie e 6                                                     Article 7
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, 24 September 1976 .
                                                                        For the Commission
                                                                          P.J. LARDINOIS
                                                                    Member of the Commission
 ---pagebreak--- 25 . 9 . 76                      Official Journal of the European Communities                                   No L 261 /21
                     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
                      3           Ports                          2 500 tonnes
                                  communautaires                          dont :
                                  Gemeinschaftshäfen                    davon :
                                  Porti comunitari                      di cui :
                                  Havens van de
                                  Gemeenschap                         waarvan :
                                  Fællesskabshavne                       deraf :
                                  Community ports                     whereof :
                                                                 1 250 tonnes          Ath
                                                                 1 250 tonnes          Gent