CELEX: 31976R3153
Language: en
Date: 1976-12-23 00:00:00
Title: Commission Regulation (EEC) No 3153/76 of 23 December 1976 opening an invitation to tender for the mobilization of common wheat as food aid for Ethiopia

No L 354/26                           Official Journal of the European Communities                          24. 12. 76
                                   COMMISSION REGULATION (EEC) No 3153/76
                                                     of 23 December 1976
               opening an invitation to tender (or the mobilization of common wheat as food
                                                        aid for Ethiopia
 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 (l), as last amended by
 Regulation (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
                                                                                         Article 1
 tions for the mobilization of cereals as food aid (3), and
 in particular Article 6 thereof,
                                                                   1 . Tenders are hereby invited for the supply by way
 Whereas on 25 March 1976 the Council of the Euro­                 of Community food-aid action to Ethiopia of 7 500
                                                                   metric tons of common wheat.
 pean Communities declared that by way of Commu­
 nity action it proposed to grant Ethiopia 7 500 metric
 tons of common wheat under its 1975/76 food-aid                   2. The tendering procedure shall take place in the
 programme ;                                                       Federal Republic of Germany in one lot.
 Whereas an analysis of the state of the cereals market            3 . The product shall be mobilized by the German
 with reference to cereals intervention in Germany indi­           intervention agency from the stores specified in the
                                                                  Annex.
 cates that the criteria of Article 3 (2) of Council
 Regulation (EEC) No 2750/75 should be applied and
 that the intervention agency of the Member State as               4.    Shipment shall be from a Community port.
specified should mobilize the cereals from those
 stocked in its own stores and should also determine               5. The invitation to tender provided for in para­
 the conditions of mobilization ;                                 graph 1 is for supply of products removed from the
                                                                   ship's hold at the port of unloading.
Whereas the proposed invitation to tender should be
 for supply of the products removed from the ship's               The recipient country shall bear all costs subsequent
hold at the port of unloading ;                                   to delivery of the goods, including unloading costs
                                                                  (such as unstowing, hoisting and reception) and any
Whereas     the  contract    should     be  awarded   to  the     lighterage costs.
tenderer offering the best terms ;
                                                                  Any demurrage costs or dispatch money at the port of
Whereas in case it should be impossible for reasons of            unloading shall be a charge on or for the benefit of
force majeure to complete the operation in question               the recipient country. The rates and detailed arrange­
within the set time limits, it must be made clear who             ments relating thereto laid down in the contract
is to bear any costs resulting therefrom ;                        between the authorized agent of the Community and
                                                                  the carrier must have been agreed upon in advance by
                                                                  the authorized agent and the receiving agent of the
Whereas provision should be made for security to be
                                                                  recipient country.
given to guarantee fulfilment of the obligations arising
by virtue of participation in the invitation to tender ;
                                                                  6. The successful tenderer shall deliver the product
                                                                  specified in paragraph 1 to the port of Assab in new
Whereas the German intervention agency should be
                                                                  jute sacks of a net capacity of 50 kilogrammes.
made responsible for the tendering procedure in ques­
tion ;
                                                                  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 .                            'Common wheat — Gift of the European Economic
(3) OJ No L 281 , 1 . 11 . 1975, p. 89.                           Community to Ethiopia — For free distribution'.
 ---pagebreak--- 24. 12. 76                          Official Journal of the European Communities                          No L 354/27
                          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 7 January 1977.                                             successful tenderer.
2.    The closing date for the receipt of tenders shall
be 7 January 1977 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
published in the Official Journal of the European              collecting the tenders, and if the product is dispatched
Communities not less than nine days before the                 through a frontier post of the Member State where the
                                                               successful tenderer is established, the intervention
closing date for submission of tenders.
                                                               agency of the latter Member State shall be responsible
                          Article 3
                                                               for the operations relating to the tendering.
The contract shall be awarded to the tenderer who              In this case the intervention agency chosing the
makes the most favourable offer.                               successful tenderer shall immediately inform the inter­
However, if the tenders submitted do not appear to             vention agency of the Member State concerned and
reflect normal market prices and costs, the interven­          shall supply it with all the information which it may
tion agency may cancel the invitation to tender.               require.
                          Article 4                            4. The intervention agency shall request the
                                                               successful tenderer to supply the following informa­
1 . The successful tenderer shall give security of a           tion :
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 ;
TTie 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
criteria laid down by each Member State.                       The intervention agency shall transmit the informa­
                                                               tion provided for to the Commission as soon as it is
                                                               received .
                          Article 5
The   product referred to in Article 1 must be of fair         5. When the intervention agency responsible for
and   sound merchantable quality and correspond at             the operations relating to tendering is not the interven­
least  to the standard quality for which the interven­         tion agency which appoints the successful tenderer, it
tion  price , is fixed, except that the moisture content       shall send as soon as possible to the latter the informa­
shall not exceed 14 % and that a maximum of 3 % of             tion necessary for releasing the security.
sprouted grains and 1-5% of miscellaneous impuri­
ties shall be allowed .
                                                                                         Article 7
                          Article 6
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, 23 December 1976.
                                                                          For the Commission
                                                                             P.J. LARDINOIS
                                                                      Member of the Commission
 ---pagebreak--- No L 354/ 28                                 Official Journal of the European Communities                                             24. 12. 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              Metric tonnage fob                   Address of store             Town at which stored
                      Ports                                            7 500 t
                      communautaires                                     dont :
                      Gemeinschaftshäfen                               davon :
                      Porti comunitari                                 di cui :
                      Havens van de
                      Gemeenschap                                    waarvan :
                      Fællesskabshavne                                  deraf :                                          '
                      Community ports                                whereof :
                                                              2 033 t             Rhenus-WTAG AG                       Köln
                                                                                  Agrippinawerft
                                                                                  Postfach 25 03 20
                                                                                  5000 Köln 1
                                                              2 400 t             Johs. Stelten KG                     Nettetal 2
                                                                                  Müllerstraße 9
                                                                                  415 Krefeld 1
                                                                500 t             Neusser Lagerhaus                    Neuss
                                                                                  Gesellschaft AG
                                                                                  Duisburger Straße 1 B
                                                                                  1040 Neuss/ Rhein
                                                              2 567 t             Heinrich Kraft                       Neuss-Nord
                                                                                  Danziger Straße 25
                                                                                  4040 Neuss/ Rhein