CELEX: 31977R0250
Language: en
Date: 1977-02-04 00:00:00
Title: Commission Regulation (EEC) No 250/77 of 4 February 1977 opening a new invitation to tender for the mobilization of common wheat as food aid for the People's Republic of Mozambique

5 . 2. 77                                 Official Journal of the European Communities                          No L 34/31
                                     COMMISSION REGULATION (EEC) No 250/77
                                                        of 4 February 1977
              opening a new invitation to tender for the mobilization of common wheat as
                                    food aid for the People's Republic of Mozambique
THE COMMISSION OF THE EUROPEAN                                      Whereas the German intervention agency should be
COMMUNITIES,                                                         made responsible for the tendering procedure in ques­
                                                                     tion ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                     Whereas the Commission must be informed quickly
Having regard to Council Regulation (EEC) No                         of the tenders submitted in response to the invitation
2727/75 of 29 October 1975 on the common organiza­                   and of those accepted by the intervention agency ;
tion of the market in cereals ('), as amended by Regula­
tion (EEC) No 3138 /76 (2),                                          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,
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,
Whereas on 25 March 1976 the Council of the Euro­                    HAS ADOPTED THIS REGULATION :
pean Communities declared that by way of Commu­
nity action it proposed to grant the People's Republic
of Mozambique 5 000 tonnes of common wheat under                                             Article 1
its 1975/76 food-aid programme ;
Whereas an analysis of the state of the cereals market                1.    Tenders are hereby invited for the supply by way
with reference to cereals intervention in Germany indi­              of Community food-aid action to the People's Repu­
cates that the criteria of Article 3 (2) of Council                  blic of Mozambique of 5 000 tonnes of common
                                                                     wheat .
Regulation (EEC) No 2750/75 should be applied and
that the intervention agency of the Member State as
specified should mobilize the cereals from those                     2. The tendering procedure shall take place in the
stocked in its own stores and should also determine                  Federal Republic of Germany in one lot.
the conditions of mobilization ;
                                                                     3 . The product shall be mobilized by the German
Whereas the invitation to tender opened in the                       intervention agency from the stores specified in the
Community under Commission Regulation ( EEC) No                      Annex .
2695/76 of 5 November 1976 opening an invitation to
tender for the mobilization of common wheat as aid
                                                                     4.     Shipment shall be from a Community port.
for Mozambique (4) was not allocated ; whereas a new
invitation to tender should therefore be opened ;
                                                                      5. The invitation to tender provided for in para­
Whereas the proposed invitation to tender should be                  graph 1 is for supply of products removed from the
for supply of the products removed from the ship's                   ship's hold at the port of Maputo.
hold at the port of unloading ;
Whereas     the   contract      should       be awarded  to the
                                                                     The recipient country shall bear all costs subsequent
                                                                     to delivery of the goods, including unloading costs
tenderer offering the best terms ;                                   (such as unstowing, hoisting and reception) and any
Whereas in case it should be impossible for reasons of               lighterage costs .
force majeure to complete the operation in question
within the set time limits, it must be made clear who                Any demurrage costs or dispatch money at the port of
 is to bear any costs resulting therefrom ;                          unloading shall be a charge on or for the benefit of
                                                                     the recipient country. The rates and detailed arrange­
Whereas provision should be made for security to be                   ments relating thereto laid down in the contract
given to guarantee fulfilment of the obligations arising              between the authorized agent of the Community and
by virtue of participation in the invitation to tender ;              the carrier must have been agreed upon in advance by
                                                                      the authorized agent and the receiving agent of the
(')  OJ No  L 281 , 1 . 11 . 1975, p. 1 .                             recipient country.
(2)  OJ No  L 354,  24 . 12. 1976, p. 1 .
(3 ) OJ No  L 281 , 1 . 11 . 1975, p. 89 .
H    OJ No  L 304,  6 . 11 . 1 976, p. 1 5 .                          6.    The product shall be delivered in bulk.
 ---pagebreak--- No L 34/ 32                          Official Journal of the European Communities                                5 . 2. 77
                          Article 2                            2.     It shall forwith communicate to the Commission
1 . The decision on tenders received in response to            the list of firms which have responded to the invita­
the invitation provided for in Article 1 shall be taken        tion to tender, specifying the terms of each tender,
                                                               together with the name and business name of the
on 18 February 1977.                                           successful tenderer.
2. The closing date for the receipt of tenders shall
be 18 February 1977 at 12 noon .                               3.     On the other hand, if the successful tenderer is
                                                               established in a Member State other than the one
3.    The    notice    of invitation  to  tender shall  be
published in the Official Journal of the European              collecting the tenders, and if the product is dispatched
Communities not less than nine days before the                 through a frontier post of the Member State where the
                                                               successful tenderer is established, the intervention
closing date for submission of tenders .
                                                               agency of the latter Member State shall be responsible
                          Article 3
                                                               for the operations relating to the tendering.
The contract shall be awarded to the tenderer who               In this case the intervention agency chosing the
makes the most favourable offer.                               successful tenderer shall immediately inform the inter­
However, if the tenders submitted do not appear to             vention agency of the Member State concerned and
reflect normal market prices and costs, the interven­          shall supply it with all the information which it may
tion agency may cancel the invitation to tender.               require.
                          Article 4                            4. The intervention agency shall request the
                                                               successful tenderer to supply the following informa­
1 . The successful tenderer shall give security of a           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        (b) the date of the departure of the ships ; the
not carried out within the prescribed time limit, save             expected date of arrival of the products at their
as regards quantities not delivered owing to force                 destination ;
majeure.
                                                               (c) all possible contingencies which might occur
2. The security required 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
criteria laid down by each Member State.                       The intervention agency shall transmit the informa­
                                                               tion provided for to the Commission as soon as it is
                                                               received .
                          Article 5
The   product referred to in Article 1 must be of fair         5. When the intervention agency responsible for
and   sound merchantable quality and correspond at             the operations relating to tendering is not the interven­
least  to the standard quality for which the interven­         tion agency which appoints the successful tenderer, it
tion  price is fixed, except that the moisture content         shall send as soon as possible to the latter the informa­
shall not exceed 14 % and that a maximum of 3 % of             tion necessary for releasing the security.
sprouted grains and 1-5% of miscellaneous impuri­
ties shall be allowed .
                                                                                        Article 7
                          Article 6
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, 4 February 1977.
                                                                          For the Commission
                                                                           Finn GUNDELACH
                                                                              Vice-President
 ---pagebreak--- 5. 2. 77                                    Official Journal of the European Communities                                            No L 34/33
                        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             Metric 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                    Lg .- N r. 254 231
                                                                                 Postfach 108
                                                                                 λ 200 Hildesheim
                                                              1 770              Westf. Transport AG                   Braunschweig
                                                                                 Niederlassung                         Lg . - Nr. 257 210
                                                                                 Hafenstraße 32
                                                                                 3200 Braunschweig
                                                              2 245              Rintelner Lagerhaus                   Rinteln
                                                                                 Lage re i - U msc h 1 ag              Lg.- N r. 274 000
                                                                                 Rudolf Meyer
                                                                                 Postfach 1350
                                                                                 ^ 260 Rinteln 1