CELEX: 31976R2317
Language: en
Date: 1976-09-24 00:00:00
Title: Commission Regulation (EEC) No 2317/76 of 24 September 1976 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Peru

No L 261 / 16                            Official Journal of the European Communities                            25 . 9 . 76
                                      COMMISSION REGULATION (EEC) No 2317/76
                                                        of 24 September 1976
                 opening an invitation to tender for the mobilization of common wheat as food
                                                    aid for the Republic of Peru
 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 1 1 43/76 (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 Republic of
                                                                     Peru of 2 500 metric tons of common wheat.
 in particular Article 6 thereof,
 Whereas on 25 March 1976 the Council of the Euro­                   2. The tendering procedure shall take place in
 pean Communities declared that by way of Commu­                     Belgium in one lot.
 nity action it proposed to grant the Republic of Peru
 2 500    metric   tons      of  common        wheat   under  its    3 . The product shall be mobilized by the Belgian
  1975/76 food-aid programme ;                                       intervention agency from the stores specified in the
                                                                     Annex .
 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
                                                                     4.    Shipment shall be from Antwerp.
 lation (EEC) No 2750/75 should be applied and that
                                                                     5. The product referred to in paragraph 1 is to be
 the intervention agency of the Member State as speci­
 fied should mobilize the cereals from those stocked in              delivered in bulk to the port of shipment in the
 its own stores and should also determine the condi­                 vicinity of the vessel . The goods must be set down at
 tions of mobilization ;
                                                                     the place nominated by the recipient country or its
                                                                     agent, the timing of delivery being settled by the
 Whereas tenders should be invited for the supply of                 tenderer and the recipient country's agent.
 the product to the port of shipment in the vicinity of
 the vessel , the goods to be set down at the place nomi­
 nated by the recipient or its agent ;                                                        Article 2
 Whereas      the  contract     should      be  awarded   to the     1 . The decision on tenders received in response to
 tenderer offering the best terms ;                                  the invitation provided for in Article 1 shall be taken
                                                                     on 8 October 1976 .
 Whereas in case it should be impossible for reasons of
 force majeure to complete the operations in question
 within the set time limits, it must be made clear who               2.    The closing date for the receipt of tenders shall
                                                                     be 8 October 1976 at 12 noon .
 is to bear any costs resulting therefrom ;
Whereas provision should be made for security to be                  3.    The   notice  of   invitation to tender  shall   be
 given to guarantee fulfilment of the obligations arising            published in the Official Journal of the European
 by virtue of participation in the invitation to tender ;            Communities, not less than nine days before the
                                                                     closing date for submission of tenders.
Whereas the Belgian intervention agency should be
 made responsible for the tendering procedure in ques­
 tion ;                                                                                       Article 3
Whereas the Commission must be informed quickly                      The contract shall be awarded to the tenderer who
of the tenders submitted in response to the invitation               makes the most favourable offer.
 and those accepted by the intervention agency ;
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
                                                                     However, if the tenders submitted do not appear to
(2 ) OJ No L 130, 19 . 5 . 1976, p . 1 .                             reflect normal market prices and costs, the interven­
( 3 ) OJ No L 281 , 1 . 1 1 . 1975, p. 89 .                          tion agency may cancel the invitation to tender.
 ---pagebreak--- 25 . 9 . 76                          Official Journal of the European Communities                          No L 261 / 17
                          Article 4                             tation to tender, specifying the terms of each tender,
                                                                together with the name and business name of the
If the tenderer is unable to deliver the goods in               successful tenderer.
compliance with Article 1 (5) on the date given in the
notice of invitation to tender as a result of the late          3.     On the other hand , if the successful tenderer is
availability of the vessels to be used for sea transporta­      established in a Member State other than the one
tion , the resulting costs shall be borne by the interven­      collecting the tenders, and if the product is dispatched
tion agency.                                                    through a frontier post of the Member State where the
                                                                successful tenderer is established , the intervention
                          Article 5                             agency of the latter Member State shall be responsible
                                                                for the operations relating to the tendering.
1 . The successful tenderer shall give security of a
value of five units of account per metric ton of the            In this case, the intervention agency choosing the
product ; the security is intended to guarantee that the        successful tenderer shall immediately inform the inter­
operations specified in Article 1 are duly completed .          vention agency of the Member State concerned and
The security shall be forfeited if those operations are         shall supply it with all the information which it may
not carried out within the prescribed time limit, save          require .
as regards quantities not delivered owing to force              4. The intervention agency shall request the
majeure.                                                        successful tenderer to supply the following informa­
                                                                tion :
2. The security required under paragraph 1 may be
provided in the form of a cash cjeposit or of a                 (a) after each shipment a certificate showing the quan­
guarantee issued by a credit institution conforming to               tities dispatched and the quality of the products ;
criteria laid down by each Member State .                       (b) the date of departure of the vessels.
                                                                The information indicated above shall be forwarded
                          Article 6
                                                                by the intervention agency to the Commission imme­
The common wheat referred to in Article 1 to be                 diately upon receipt.
supplied to the Republic of Peru must be of fair and
sound merchantable quality and correspond at least to                                    Article 8
the standard quality for which the intervention price
is fixed , except that the moisture content shall not           On delivery of the goods at the port of shipment, a
exceed      1 4-5 %   and that a maximum of 3 %         of      handing-over certificate shall be supplied to the
sprouted grains and 1-5% of miscellaneous impuri­               successful tenderer, acting as agent for the Commu­
ties shall be allowed .                                         nity, by the agent of the recipient country, or, in the
                                                                absence of the latter, by the intervention agency of the
                          Article 7                             Member State in whose territory the port of shipment
                                                                is situated .
1 . The Belgian intervention agency shall be respon­
sible for operations relating to the invitation to tender                                Article 9
provided for by this Regulation .
                                                                This Regulation shall enter into force on the day of its
2.      It shall forthwith communicate to the Commis­           publication in the Official Journal of the European
sion the list of firms which have responded to the invi­        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--- No L 261 / 18                      Official Journal of the European Communities                                   25 . 9 . 76
                      ANNEXE — ANHANG — ALLEGATO — BIJLAGE — BILAG — ANNEX
                Numero du lot        Port d'embarquement    Quantitc 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          Anvers                         2 500 tonnes          Ath