CELEX: 31976R2520
Language: en
Date: 1976-10-15 00:00:00
Title: Commission Regulation (EEC) No 2520/76 of 15 October 1976 opening an invitation to tender for the mobilization of durum wheat as food aid for the Democratic Republic of Somalia

No L 285/24                              Official Journal of the European Communities                           16 . 10 . 76
                                    COMMISSION REGULATION (EEC) No 2520/76
                                                       of 15 October 1976
              opening an invitation to tender for the mobilization of durum wheat as food aid
                                            for the Democratic Republic of Somalia
THE COMMISSION OF THE EUROPEAN                                     tions arising by virtue of participation in the invita­
COMMUNITIES,                                                       tion to tender for supplies to the Democratic Republic
                                                                   of Somalia will be fulfilled ;
Having regard to the Treaty establishing the European
Economic Community,                                                Whereas the Italian intervention agency should be
                                                                    made responsible for the tendering procedure ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­                 Whereas the Commission must be informed quickly
tion of the market in cereals (1 ), as amended by Regula­          of the tenders submitted in response to the invitation
tion (EEC) No 1143/76 (2),                                         and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No                       Whereas the measures provided for in this Regulation
2750/75 of 29 October 1975 laying down the condi­                  are in accordance with the opinion of the Manage­
tions for the mobilization of cereals as food aid (3), and          ment Committee for Cereals,
in particular Article 6 thereof,
Whereas on 25 March 1976 the Council of the Euro­
pean Communities declared that it proposed, by way                  HAS ADOPTED THIS REGULATION :
of Community action, to grant 15 000 metric tons of
durum wheat to the Democratic Republic of Somalia
under its 1975/76 food-aid programme ;
                                                                                             Article 1
Whereas an analysis of the state of the cereals market
with reference to cereals intervention in Italy indicates           1 . Tenders are hereby invited for the supply to the
that the criteria of Article 3 (2) of Council Regulation            Democratic Republic of Somalia, by way of Commu­
(EEC) No 2750/75 should be applied and that the                     nity food-aid action , of 15 000 metric tons of durum
intervention agency of the Member State as specified                wheat.
should mobilize the cereals from those stocked in its
own stores and should also determine the conditions
                                                                    2.    The tendering procedure shall take place in Italy
of mobilization ;                                                   in one lot.
Whereas the proposed invitation to tender should be                 3 . The product shall be mobilized by the Italian
for supply of the products to the dock or in the                    intervention agency from the stores specified in the
lighter where applicable at the port of unloading ;                 Annex .
Whereas the award under the invitation to tender
                                                                    4.    Shipment shall be from a Community port.
must be made in favour of the tenderer offering the
best terms ; ■
                                                                    5 . The invitation to tender provided for in para­
                                                                    graph 1 is for supply of products to the dock, or in
Whereas, should force majeure make it impossible to                 the lighter where applicable in the port of Mogadishu .
complete the operation in question within the time
limits specified, it must be made clear who is to bear
the liability for any resulting costs ;                             6. The successful tenderer shall deliver the product
                                                                    specified in paragraph 1 in new jute sacks lined with
                                                                    cotton sacks of a net capacity of 50 kilogrammes.
Whereas provision should be made for security to be
given for the purpose of guaranteeing that the obliga­
                                                                    The following shall be printed on the sacks :
(') OJ No L 281 , 1 . 11 . 1975, p . 1 .
(: ) OJ No L 130 , 19 . 5 . 1976, p. 1 .                            ' Durum wheat — gift of the European Community —
(3 ) OJ No L 281 , 1 . 11 . 1975 , p . 89 .                         for free distribution '.
 ---pagebreak--- 16. 10 . 76                        Official Journal of the European Communities                          No L 285/25
                        Article 2                            2.      It shall forthwith communicate to the Commis­
                                                             sion the list of firms which have responded to the invi­
1 . The decision on tenders received in response to the
                                                             tation to tender, specifying the terms of each tender,
invitation provided for in Article 1 shall be taken on
29 October 1976.                                             together with the name and business name of the
                                                             successful tenderer.
2.    The closing date for the receipt of tenders shall
be 29 October 1976 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
                                                             collecting the tenders, and if the product is dispatched
published in the Official Journal of the European             through a frontier post of the Member State where the
Communities not less than nine days before the                successful tenderer is established, the intervention
closing date for submission of tenders.                       agency of the latter Member State shall be responsible
                                                              for the operations relating to the tendering.
                        Article J
The contract shall be awarded to the tenderer who             In this case the intervention agency choosing the
makes the most favourable offer.                              successful tenderer shall immediately inform the inter­
                                                              vention agency of the Member State concerned and
However, if the tenders submitted do not appear to            shall supply it with all the information which it may
reflect normal market prices and costs, the interven­         require.
tion agency may cancel the invitation to tender.
                                                              4. The intervention agency shall request the
                        Article 4
                                                              successful tenderer to supply the following informa­
                                                              tion :
1 . The successful tenderer shall give security of a
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        The intervention agency shall transmit the informa­
criteria laid down by each Member State.                      tion provided to the Commission as soon as it is
                                                              received .
                        Article 5
                                                              5. When the intervention agency responsible for
The product referred to in Article 1 which is to be           the operations relating to tendering is not the interven­
supplied for human consumption to the Democratic              tion agency which appoints the successful tenderer, it
Republic of Somalia must be of fair and sound                 shall send as soon as possible to the latter the informa­
 merchantable quality, be free from odour, and corres­        tion necessary for releasing the security.
 pond at least to the standard quality for which the
 intervention price is fixed.
                                                                                       Article 7
                        Article 6
 1 . The Italian intervention agency shall be respon­         This Regulation shall enter into force on the day of its
 sible for organizing the invitation to tender provided        publication in the Official Journal of the European
 for by this Regulation .                                      Communities.-
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 15 October 1976 .
                                              i                           For the Commission
                                                                            P.J. LARDINOIS
                                                                     Member of the Commission
 ---pagebreak--- No L 285/26                                Official Journal of the European Communities                                              16 . 10 . 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         Ports                                         15 000 t
                      communautaires                                   dont :
                      Gemeinschafts-häfen                            davon :
                      Porti comunitari                               di cui :
                      Havens van de
                      Gemeenschap                                  waarvan :
                      Fællesskabshavne                                deraf :
                      Community ports                              whereof :
                                                              231 t             Via Regina Margherita                  Altamura
                                                              918 t             Via Spinazzola                         Gravina
                                                              301 t             Stazione ferroviaria                   Minervino
                                                              500 t             Scalo ferroviario                      Ascoli Satriano
                                                              500 t             Scalo ferroviario                    i Bovino
                                                            5 000 t             Strada per Manfredonia                 Cerignola
                                                            2 000 t             Strada statale n. 17 km 319,600        Lucera
                                                            2 000 t             Strada statale n. 16 Provinciale
                                                                                Cerignola                              Stornara
                                                            3 550 t             Viale Fortore Silos Foggia             Foggia