CELEX: 31977R1121
Language: en
Date: 1977-05-27 00:00:00
Title: Commission Regulation (EEC) No 1121/77 of 27 May 1977 opening a new invitation to tender for the mobilization of durum wheat as food aid for the Republic of Malta

28 . 5. 77                                Official Journal of the European Communities                        No L 134/45
                                    COMMISSION REGULATION ( EEC) No 1121 /77
                                                          of 27 May 1977
               opening a new invitation to tender for the mobilization of durum wheat as food
                                                  aid for the Republic of Malta
THE COMMISSION OF THE EUROPEAN                                      Whereas the measures provided for in this Regulation
COMMUNITIES,                                                        are in accordance with the opinion of the Manage­
                                                                     ment Committee for Cereals,
Having regard to the Treaty establishing the European
Economic Community,
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­                   HAS ADOPTED THIS REGULATION :
tion of the market in cereals ('), as last amended by
Regulation (EEC) No 3138/76 (2),
                                                                                             Article 1
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                    1 . Tenders are hereby invited for the supply, by
tions for the mobilization of cereals as food aid (3), and          way of Community food-aid action , to the Republic of
in particular Article 6 thereof,                                    Malta, of 1 000 tonnes of durum wheat .
Whereas on 8 February 1977 the Council of the Euro­
pean Communities declared that by way of Commu­                      2. The tendering procedure shall take place in
nity action it proposed to grant the Republic of Malta               Belgium in one lot.
 1 000 tonnes of durum wheat under the 1976/77 food­
aid programme ;                                                      3 . The product shall be mobilized by the Belgian
                                                                     intervention agency from the stores specified in the
Whereas an analysis of the state of the cereals market              Annex .
with reference to cereals intervention in Belgium indi­
cates that the criteria of Article 3 (2) of Council Regu­           4.     Shipment shall be from Antwerp.
lation (EEC) No 2750/75 should be applied and that
the intervention agency of the Member States as speci­               5. The product referred to in paragraph 1 is to be
fied should mobilize the cereals from those stocked in
its own stores and should also determine the condi­
                                                                     delivered in bulk to the port of shipment in the
                                                                    vicinity of the vessel . The goods must be set down at
tions of mobilization ;
                                                                     the place nominated by the recipient country or its
Whereas tenders should be invited for the supply of                  agent, the timing of delivery being settled by the
the product to the port of shipment in the vicinity of               tenderer and the recipient country's agent.
the vessel, the goods to be set down at the place nomi­
nated by the recipient or its agent ;
                                                                                             Article 2
Whereas     the  contract     should        be awarded  to  the
tenderer offering the best terms ;                                   1 . The decision on tenders received in response to
Whereas in case it should be impossible for reasons of               the invitation provided for in Article 1 shall be taken
force majeure to complete the operations in question                 on 10 June 1977.
within the set time limits, it must be made clear who
is to bear costs resulting therefrom ;                               2. The closing date for the receipt of tenders shall
Whereas provision should be made for security to be                 be 10 June 1977 at 12 noon .
given to guarantee fulfilment of the obligations arising             3.    The   notice of   invitation to tender   shall be
by virtue of participation in the invitation to tender
for the supply of durum wheat to the Republic of                     published in the Official Journal of the European
Malta ;                                                              Communities not less than nine days before the
                                                                    closing date for submission of tenders .
Whereas the Belgian intervention agency should be
made responsible for the tendering procedure in ques­
tion ;                                                                                       Article 3
Whereas the Commission must be informed quickly                     The contract shall be awarded to the tenderer who
of the tenders submitted in response to the invitation               makes the most favourable offer .
and of those accepted by the intervention agency ;
(') OJ No L 281 , 1 . 11 . 1975 , p . 1 .
                                                                     However, if the tenders submitted do not appear to
(2 ) OJ No L 354, 24 . 12 . 1976, p . 1 .                            reflect normal market prices and costs, the interven­
(3 ) OJ No L 281 , 1 . 11 . 1975 , p . 89 .                          tion agency may cancel the invitation to tender.
 ---pagebreak--- No L 134/46                         Official Journal of the European Communities                             28 . 5. 77
                         Article 4                            3.     On the other hand, if the successful tenderer is
                                                              established in a Member State other than the one
If the tenderer is unable to deliver the goods in             collecting the tenders, and if the product is dispatched
compliance with Article 1 (5) on the date given in the        through a frontier post of the Member State where the
notice of invitation to tender as a result of the late
                                                              successful tenderer is established, the intervention
availability of the vessels to be used for sea transporta­    agency of the latter Member State shall be responsible
tion the resulting costs shall be borne by the interven­      for the operations relating to the tendering.
tion agency.
                                                              In this case, the intervention agency choosing the
                         Article 5                            successful tenderer shall immediately inform the inter­
                                                              vention agency of the Member State concerned and
1 . The successful tenderer shall give security of a          shall supply it with all the information which it may
value of five units of account per tonne of the               require.
product ; the security is intended to guarantee that the
operations specified in Article 1 are duly completed.         4. The intervention agency shall request the
The security shall be forfeited if those operations are       successful tenderer to supply the following informa­
not carried out within the prescribed time limit, save        tion :
as regards quantities not delivered owing to force
majeure.                                                      (a) after each shipment a certificate showing the quan­
                                                                  tities dispatched and the quality of the products ;
2. The security required under paragraph 1 may be             (b) the date of departure of the vessels.
provided in the form of a cash deposit or of a
gurantee issued by a credit institution conforming to         The information indicated above shall be forwarded
criteria laid down by each Member State.                      by the intervention agency to the Commission
                                                              immediately upon receipt.
                         Article 6
The product referred to in Article 1 must be of fair                                   Article 8
and sound merchantable quality, be free from odour,
and correspond at least to the standard quality for           On delivery of the goods at the port of shipment, a
which the intervention price is fixed .                       handing-over certificate shall be supplied to the
                                                              successful tenderer, acting as agent for the Commu­
                         Article 7                            nity, by the agent of the recipient country, or, in the
                                                              absence of the latter, by the intervention agency of the
1 . The Belgian intervention agency shall be respon­          Member State in whose territory the port of shipment
sible for operations relating to the invitation to tender     is situated .
provided for by this Regulation .
2.     It shall forthwith communicate to the Commis­                                   Article 9
sion the list of firms which have responded to the invi­
tation to tender, specifying the terms of each tender,        This Regulation shall enter into force on the day of its
together with the name and business name of the               publication in the Official Journal of the European
successful tenderer.                                           Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
                Done at Brussels, 27 May 1977.
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President
 ---pagebreak--- 28 . 5. 77               Official Journal of the European Communities                      No L 134/47
                                              ANNEX
           Number of lot     Port of shipment        Tonnage fob      Town at which stored
                1               Antwerp            1 000 tonnes           Antwerp