CELEX: 31976R2269
Language: en
Date: 1976-09-17 00:00:00
Title: Commission Regulation (EEC) No 2269/76 of 17 September 1976 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Zambia

18 . 9 . 76                             Official Journal of the European Communities                        No L 255/ 11
                                  COMMISSION REGULATION (EEC) No 2269/76
                                                    of 17 September 1976
              opening an invitation to tender for the mobilization of common wheat as food
                                               aid for the Republic of Zambia
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 1143/76 (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 the Republic of
                                                                  Zambia of 1 500 metric tons of common wheat.
pean Communities declared that by way of Commu­
nity action it proposed to grant the Republic of
Zambia 1 500 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
                                                                  Annex .
cates that the criteria of Article 3 (2) of Council Regu­
lation (EEC) No 2750/75 should be applied and that
the intervention agency of the Member State as speci­             4.     Shipment shall be from a Community port.
fied should mobilize the cereals from those stocked in
its own stores and should also determine the condi­                5 . The invitation to tender provided for in para­
tions of mobilization ;                                           graph 1 is for supply of products removed from the
                                                                  ship's hold at the port of Dar-es-Salaam.
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
Whereas provision should be made for security to be                the authorized agent and the receiving agent of the
given to guarantee fulfilment of the obligations arising           recipient country.
by virtue of participation in the invitation to tender ;
                                                                   6.    The product shall be delivered in bulk.
Whereas the Belgian intervention agency should be
made responsible for the tendering procedure in ques­                                     Article 2
tion ;
(<) OJ No L 281 , 1 . 11 . 1975, p. 1 .                            1 . The decision on tenders received in response to
(2) OJ No L 130, 19 . 5. 1976, p . 1 .                             the invitation provided for in Article 1 shall be taken
Q) OJ No L 281 , 1 . 11 . 1975, p. 89 .                            on 1 October 1976 .
 ---pagebreak--- No L 255/ 12                       Official Journal of the European Communities                              18 . 9 . 76
2.    The closing date for the receipt of tenders shall      2.     It shall forthwith communicate to the Commis­
be 1 October 1976 at 12 noon .                               sion the list of firms which have responded to the
3.    The    notice of invitation   to tender shall    be    invitation to tender, specifying the terms of each
                                                             tender, together with the name and business name of
published in the Official Journal of the European            the successful tenderer.
Communities not less than nine days before the
closing date for submission of tenders.                      3.     On the other hand, if the successful tenderer is
                                                             established in a Member State other than the one
                        Article 3                            collecting the tenders, and if the product is dispatched
                                                             through a frontier post of the Member State where the
The contract shall be awarded to the tenderer who
                                                             successful tenderer is established, the intervention
makes the most favourable offer.
                                                             agency of the latter Member State shall be responsible
However, if the tenders submitted do not appear to           for the operations relating to the tendering.
reflect normal market prices and costs, the interven­
                                                             In this case the intervention agency choosing the
tion agency may cancel the invitation to tender.
                                                             successful tenderer shall immediately inform the inter­
                                                             vention agency of the Member State concerned and
                        Article 4
                                                             shall supply it with all the information which it may
1 . The successful tenderer shall give security of a         require.
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 the departure of the ships ; the
2. The security required under paragraph 1 may be                expected date of arrival of the products at their
                                                                 destination ;
provided in the form of a cash deposit or of a
guarantee issued by a credit institution conforming to       (c) all possible contingencies which might occur
criteria laid down by each Member State.                         during transportation of the products.
                        Article 5
                                                             The intervention agency shall transmit the informa­
                                                             tion provided for to the Commission as soon it is
The   product referred to in Article 1 must be of fair       received .
and   sound merchantable quality and correspond at
least  to the standard quality for which the interven­        5. When the intervention agency responsible for
tion  price is fixed, except that the moisture content       the operations relating to tendering is not the interven­
shall not exceed 14-5 % and that a maximum of 3 %            tion agency which appoints the successful tenderer, it
of sprouted grains and 1 -5 % of miscellaneous impuri­       shall send as soon as possible to the latter the informa­
ties shall be allowed .                                      tion necessary for releasing the security.
                        Article 6                                                     Article 7
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, 17 September 1976.
                                                                        For the Commission
                                                                          P.J. LARDINOIS
                                                                    Member of the Commission
 ---pagebreak--- 18 . 9 . 76                      Official Journal of the European Communities                                   No L 255/ 13
                     ANNEXE — ANHANG — ALLEGATO — BIJLAGE — BILAG — ANNEX
               Numéro du lot       Port d'embarquement   Quantité 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          Ports                          1 500 tonnes
                                  communautaires                          dont :
                                  Gemeinschaftshäfen                    davon :
                                  Porti comunitari                      di cui :
                                  Havens van de
                                  Gemeenschap                         waarvan :
                                  Fællesskabshavne                       deraf :
                                  Community ports                     whereof :
                                                                          191 t        Poperinge
                                                                          524 t        Liège
                                                                          785 t        Gent