CELEX: 31976R1350
Language: en
Date: 1976-06-12 00:00:00
Title: Commission Regulation (EEC) No 1350/76 of 11 June 1976 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of the Sudan

No L 153/26                             Official Journal of the European Communities                             12. 6. 76
                                  COMMISSION REGULATION (EEC) No 1350/76
                                                        of 11 June 1976
              opening an invitation to tender for the mobilization of common wheat as food
                                              aid for the Republic of the Sudan
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 1 143/76 (2),
 Having regard to Council Regulation (EEC) No                     HAS ADOPTED THIS REGULATION :
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
nity action it proposed to grant the Republic of the              way of Community food-aid action to the Republic of
Sudan 7 000 metric tons of common wheat under its                 the Sudan of 7 000 metric tons of common wheat.
 1975/76 food-aid programme ;
                                                                  2. The tendering procedure shall take place in the
Whereas an analysis of the state of the cereals market            Federal Republic of Germany in one lot.
with reference to cereals intervention in Germany indi­
cates that the criteria of Article 3 (2) of Council Regu­         3 . The product shall be mobilized by the German
lation (EEC) No 2750/75 should be applied and that
                                                                  intervention agency from stores specified in the
the intervention agency of the Member State as speci­             Annex .
fied should mobilize the cereals from those stocked in
its own stores and should also determine the condi­
tions of mobilization ;                                           4. Shipment shall be from the port of Hamburg or
                                                                  a Weser port.
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 25 June 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 25 June 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
(2) 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---  12. 6. 76                          Official Journal of the European Communities                         No L 153/27
                         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 Republic of the Sudan must be of fair         handing-over certificate shall be supplied to the
and sound merchantable quality and correspond at              successful tenderer, acting as agent for the Commu­
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 15-5% and that a maximum of 3%               Member State in whose territory the port of shipment
of 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, 11 June 1976.
                                                                         For the Commission
                                                                            P.J. LARDINOIS
                                                                    Member of the Commission
 ---pagebreak--- No L 153/28                               Official Journal of the European Communities                                               12. 6 . 76
                      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                 Tonnage fob                       Address of store          Town at which stored
            1         Hamburg                          7 000 Tonnen
                                                                       dont :
                                                                     davon :
                                                                     di cui :
                                                                   waarvan :
                                                                      deraf :
                                                                   whereof :
                                                             5 573              Rhenus AG                            Hildesheim
                                                                                Postfach 108
                                                                                3200 Hildesheim 1
                                                               440              Hamelner Schiff.                     Rinteln
                                                                                u. Speicherei
                                                                                K. Kampffmeyer
                                                                                Dankerser Str. 26-29
                                                                                3260 Rinteln/Weser
                                                               500              dto.                                 dto .
                                                               150              dto.                                 dto .
                                                               337              dto.                                 dto.