CELEX: 31976R2802
Language: en
Date: 1976-11-18 00:00:00
Title: Commission Regulation (EEC) No 2802/76 of 18 November 1976 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Lebanon

20 . 11 . 76                               Official Journal of the European Communities                        No L 320/ 17
                                    COMMISSION REGULATION (EEC) No 2802/76
                                                        of 18 November 1976
               opening an invitation to tender for the mobilization of common wheat as food
                                                 aid for the Republic of Lebanon
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,
                                                                                             A rticle 1
Whereas on 3 March 1975 the Council of the Euro­
pean Communities declared that by way of Commu­                       1 . • Tenders are hereby invited for the supply by way
nity action it proposed to grant the Republic of                      of Community food-aid action to the Republic of
Lebanon 2 589 metric tons of common wheat under                       Lebanon of 2 589 metric tons of common wheat.
its 1974/75 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
lation (EEC) No 2750/75 should be applied and that                    3. The product shall be mobilized by the German
the intervention agency of the Member State as speci­                 intervention agency from the stores specified in the
fied should mobilize the cereals from those stocked in                Annex.
its own stores and should also determine the condi­
tions of mobilization ;                                               4.    Shipment shall be from a Community port.
Whereas the proposed invitation to tender should be
for supply of the products removed from the ship's                    5. The invitation to tender provided for in para­
hold at the port of unloading ;                                       graph 1 is for supply of products removed from the
                                                                      ship's hold at the porj of unloading.
Whereas      the contract should           be   awarded   to the
tenderer offering the best terms ;                                    The recipient country shall bear all costs subsequent
                                                                      to delivery of the goods, including unloading costs
Whereas in case it should be impossible for reasons of                (such as unstowing, hoisting and reception) and any
force majeure to complete the operation in question                   lighterage costs.
within the set time limits, it must be made clear who
is to bear any costs resulting therefrom ;                            Any demurrage costs or dispatch money at the port of
                                                                      unloading shall be a charge on or for the benefit of
Whereas provision should be made for security to be                   the recipient country. The rates and detailed arrange­
given to guarantee fulfilment of the obligations arising              ments relating thereto laid down in the contract
by virtue of participation in the invitation to tender ;              between the authorized agent of the Community and
                                                                      the carrier must have been greed upon in advance by
Whereas the German intervention agency should be                      the authorized agent and the receiving agent of the
 made responsible for the tendering procedure in ques­              v recipient country.
tion ;
(') OJ No L 281 , I. 11 . 1975, p . 1 .
                                                                      6. The successful tenderer shall deliver the product
(2) OJ No L 1 30 , 1 9 . 5 . 1 976, p. 1 .                            specified in paragraph 1 to the port of Jounieh in new
 } OJ No L 281 , I. 11 . 1975, p. 89 .                                jute sacks of a net capacity of 50 kilogrammes.
 ---pagebreak---   No L 320/ 18                        Official Journal of the European Communities                              20 . 11 . 76
 The following shall be printed on the sacks :                                             Article 6
 ' Froment tendre / Don de la Communauté écono­
 mique européenne au Liban / Pour distribution grat­              1 . The German intervention agency shall be respon­
 uite .'                                                         sible for operations relating to the invitation to tender
                                                                 provided for by this Regulation .
                           Article 2                             2.      It shall forwith communicate to the Commission
                                                                 the list of firms which have responded to the invita­
  1 . The decision on tenders received in response to            tion to tender, specifying the terms of each tender,
 the invitation provided for in Article 1 shall be taken         together with the name and business name of the
 on 3 December 1976 .                                            successful tenderer.
 2.      The closing date for the receipt of tenders shall       3.      On the other hand, if the successful tenderer is
 be 3 December 1976 at 12 noon .                                 established in a Member State other than the one
                                                                collecting the tenders, and if the product is dispatched
 3.      The   notice of invitation    to tender shall be        through a frontier post of the Member State where the
 published in the Official Journal of the European              successful tenderer is established, the intervention
 Communities not less than nine days before the                 agency of the latter Member State shall be responsible
 closing date for submission of tenders.                         for the operations relating to the tendering.
                                                                 In this case the intervention agency chosing the
                           Article 3                            successful tenderer shall immediately inform the inter­
                                                                vention agency of the Member State concerned and
The contract shall be awarded to the tenderer who               shall supply it with all the information which it may
 makes the most favourable offer.                               require.
 However, if the tenders submitted do not appear to             4. The intervention agency shall request the
reflect normal market prices and costs, the interven­           successful tenderer to supply the following informa­
tion agency may cancel the invitation to tender.                tion :
                                                                (a) after each shipment a certificate showing the quan­
                           Article 4                                  tities dispatched and the quality of the products ;
                                                                (b) the date of the departure of the ships ; the
 1 . The successful tenderer shall give security of a                expected date of arrival of the products at their
value of five units of account per metric ton of the                 destination ;
product ; the security is intended to guarantee that the
operations specified in Article 1 are duly completed .          (c) all possible contingencies which might occur
The security shall be forfeited if those operations are              during transportation of the products.
not carried out within the proscribed time limit, save
as regards quantities not delivered owing to force
 majeure.                                                       The intervention agency shall transmit the informa­
                                                                tion provided for to the Commission as soon as it is
                                                                received .
2. The security required under paragraph 1 may be
provided in the form of a cash deposit or of a
guarantee issued by a credit institution conforming to          5. When the intervention agency responsible for
criteria laid down by each Member State.                        the operations relating to tendering is not the interven­
                                                                tion agency which appoints the successful tenderer, it
                                                                shall send as soon as possible to the latter the informa­
                           A rticle 5
                                                                tion necessary for releasing the security.
The      product referred to in Article 1 must be of fair
and     sound merchantable quality and correspond at                                       Article 7
least    to the standard quality for which the interven­
tion     price is fixed, except that the moisture content
shall not exceed 14 % and that a maximum of 3 % of              This Regulation shall enter into force on the day of its
sprouted grains and 1-5% of miscellaneous impuri­               publication in the Official Journal of the European
ties shall be allowed .                                         Communities.
 ---pagebreak--- 20 . 11 . 76                     Official Journal of the European Communities                     No L 320/ 19
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels , 18 November 1976 .
                                                                    For the Commission
                                                                      P. J. LARDINOIS
                                                                Member of the Commission
 ---pagebreak--- No L 320 /20                                Official Journal of the European Communities                                            20 . 11 . 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                                         2 589 t
                       communautaires                                  dont :
                       Gemeinschaftshäfen                             davon :
                       Porti comunitari                              di cui :
                       Havens van de
                       Gemeenschap                                  waarvan :
                       Fællesskabshavne                                deraf :
                       Community ports                              whereof :
                                                               973 t             Rhenus-WTAG AG                       Duisburg
                                                                                 Schifferstraße 58
                                                                                 4100 Duisburg 1
                                                             1 616 t             Lagerhaus Heymann KG                 Krefeld
                                                                                 Hentrichstraße 55
                                                                                 4150 Krefeld