CELEX: 31976R1405
Language: en
Date: 1976-06-19 00:00:00
Title: Commission Regulation (EEC) No 1405/76 of 18 June 1976 opening an invitation to tender for the mobilization of common wheat as aid for the Republic of Benin

19 . 6 . 76                             Official Journal of the European Communities                         No L 158 /21
                                   COMMISSION REGULATION (EEC) No 1405/76
                                                          of 18 June 1976
                opening an invitation to tender for the mobilization of common wheat as aid
                                                    for the Republic of Benin
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 Regula­
tion (EEC) No 1 143/76 (2),
                                                                    HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and                                   Article 1
in particular Article 6 thereof,
                                                                    1 . Tenders are hereby invited for the supply, by
Whereas on 25 March 1976 the Council of the Euro­                   way of Community food-aid action, to the Republic of
pean Communities declared that by way of Commu­                     Benin 1 000 metric tons of common wheat.
nity action it proposed to grant the Republic of Benin
 1 000    metric  tons     of  common         wheat  under   its    2. The tendering procedure shall take place in
 1975/76 food-aid programme ;                                       Belgium in one lot.
Whereas an analysis of the state of the cereals market              3. The product shall be mobilized by the Belgian
with reference to cereals intervention in Belgium indi­             intervention agency from the stores specified in the
cates that the criteria of Article 3 (2) of Council Regu­           Annex.
lation (EEC) No 2750/75 should be applied and that
the intervention agency of the Member State as speci­               4.    Shipment shall be from Antwerp.
fied should mobilize the cereals from those stocked in
its own stores and should also determine the condi­
                                                                    5. The product referred to in paragraph 1 is to be
tions of mobilization ;                                             delivered in bulk to the port of shipment in the
                                                                    vicinity of the vessel . The goods must be set down at
Whereas tenders should be invited for the supply of                 the place nominated by the recipient country or its
the product to the port of shipment in the vicinity of              agent, the timing of delivery being settled by the
the vessel, the goods to be set down at the place nomi­             tenderer and the recipient country's agent.
nated by the recipient or its agent ;
Whereas      the  contract    should       be  awarded   to the
                                                                                             Article 2
tenderer offering the best terms ;
                                                                    1 . The decision on tenders received in response to
Whereas in case it should be impossible for reasons of
                                                                    the invitation provided for in Article 1 shall be taken
force majeure to complete the operations in question                on 2 July 1976.
within the set time limits , it must be made clear who
is to bear any costs resulting therefrom ;
                                                                    2. The closing date for the receipt of tenders shall
Whereas provision should be made for security to be                 be 2 July 1976 at 12 noon.
given to guarantee fulfilment of the obligations arising            3.    The   notice  of   invitation to tender  shall be
by virtue, of participation in the invitation to tender
for the supply of wheat to the Republic of Benin ;                  published in the Official Journal of the European
                                                                    Communities, not less than nine days before the
Whereas the Belgian intervention agency should be                   closing date for submission of tenders.
made responsible for the tendering procedure in ques­
tion :
                                                                                             Article 3
(') OJ No L 281 , 1 . 11 . 1975, p . 1 .
(2) OJ No L 130 , 19 . 5 . 1976, p . 1 .                            The contract shall be awarded to the tenderer who
(3 ) OJ No L 281 , 1 . 11 . 1975, p . 89 .                          makes the most favourable offer.
 ---pagebreak--- No L 158 / 22                       Official Journal of the European Communities                             19 . 6 . 76
However, if the tenders submitted do not appear to            2.      It shall forthwith communicate to the Commis­
reflect normal market prices and costs, the interven­         sion the list of firms which have responded to the invi­
tion agency may cancel the invitation to tender.              tation to tender, specifying the terms of each tender,
                                                              together with the name and business name of the
                         Article 4                            successful tenderer.
If the tenderer is unable to deliver the goods in              3.     On the other hand, if the successful tenderer is
                                                              established in a Member State other than the one
compliance with Article 1 (5) on the date given in the
notice of invitation to tender as a result of the late        collecting the tenders, and if the product is dispatched
availability of the vessels to be used for sea transporta­     through a frontier post of the Member State where the
tion, the resulting costs shall be borne by the interven­      successful tenderer is established, the intervention
tion agency.                                                   agency of the latter Member State shall be responsible
                                                               for the operations relating to the tendering.
                         Article 5                             In this case, the intervention agency choosing the
                                                               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.
The security shall be forfeited if those operations are        4. The intervention agency shall request the
not carried out within the prescribed time limit, save         successful tenderer to supply the following informa­
as regards quantities not delivered owing to force             tion :
majeure.                                                       (a) after each shipment a certificate showing the quan­
2. The security required under paragraph 1 may be                   tities dispatched and the quality of the products ;
provided in the form of a cash deposit or of a                 (b) the date of departure of the vessels.
guarantee issued by a credit institution conforming to         The information indicated above shall be forwarded
criteria laid down by each Member State.                       by the intervention agency to the Commission imme­
                                                               diately upon receipt.
                         Article 6
The common wheat referred to in Article 1 to be                                         Article 8
supplied to the Republic of Benin must be of fair and          On delivery of the goods at the port of shipment, a
sound merchantable quality and correspond at least to          handing-over certificate shall be supplied to the
the standard quality for which the intervention price          successful tenderer, acting as agent for the Commu­
is fixed, except that the moisture content shall not           nity, by the agent of the recipient country, or, in the
exceed    14-5 %    and that a maximum        of 3 %    of     absence of the latter, by the intervention agency of the
sprouted grains and 1-5% of miscellaneous impuri­              Member State in whose territory the port of shipment
ties shall be allowed .                                         is situated .
                         Article 7                                                       Article 9
 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, 18 June 1976.
                                                                           For the Commission
                                                                              P.J. LARDINOIS
                                                                       Member of the Commission
 ---pagebreak--- 19 . 6 . 76                      Official Journal of the European Communities                                   No L 158 / 23
                    ANNEXE — ANHANG — ALLEGATO — BIJLAGE — BILAG — ANNEX
              Numéro du lot       Port d'embarquement     Tonnage 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                         1 000 tonnes
                                                                          dont :
                                                                        davon :
                                                                        di cui :
                                                                      waarvan :
                                                                          deraf :
                                                                      whereof :
                                                                           500 t       Liège
                                                                           500 t       Ath