CELEX: 31976R2949
Language: en
Date: 1976-12-03 00:00:00
Title: Commission Regulation (EEC) No 2949/76 of 3 December 1976 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Upper Volta

No L 335/ 18                           Official Journal of the European Communities                             4. 12. 76­
                                  COMMISSION REGULATION (EEC) No 2949/76
                                                     of 3 December 1976
              opening an invitation to tender for the mobilization of common wheat as food
                                            aid for the Republic of Upper Volta
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                      HAS ADOPTED THIS REGULATION :
 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),                                                               Article 1
 Having regard to Council Regulation (EEC) No                      1 . Tenders are hereby invited for the supply by way
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and         of Community food-aid action to the Republic of
in particular Article 6 thereof,                                   Upper Volta of 3 500 metric tons of common wheat.
Whereas on 3 March 1975 the Council of the Euro­                   2. The tendering procedure shall take place in the
pean Communities declared that by way of Commu­                    Federal Republic of Germany in four lots.
nity action it proposed to grant the Republic of Upper
Volta 3 500 metric tons of common wheat under its                  3. The product shall be mobilized by the German
 1974/75 food-aid programme ;                                      intervention agency from the stores specified in the
                                                                  Annex.
Whereas an analysis of the state of the cereals market
with reference to cereals intervention in Germany indi­            4.    Shipment shall be from a Community port.
cates that the criteria of Article 3 (2) of Council Regu­
lation (EEC) No 2750/75 should be applied and that                 5. The invitation to tender provided for in para­
the intervention agency of the Member State as speci­             graph 1 is for supply of the products delivered to
fied should mobilize the cereals from those stocked in             Banfora.
its own stores and should also determine the condi­
tions of mobilization ;                                            6.    The product shall be delivered in bulk.
Whereas the proposed invitation to tender should be
for supply of the products delivered to Banfora ;                                         Article 2
Whereas the contract should be awarded to the
tenderer offering the best terms ;                                 1 . The decision on tenders received in response to
                                                                   the invitation provided for in Article 1 shall be taken
                                                                  on 17 December 1976.
Whereas in case it should be impossible for reasons of
force majeure to complete the operation in question
within the set time limits, it must be made clear who              2.    The closing date for the receipt of tenders shall
is to bear any costs resulting therefrom ;                        be 17 December 1976 at 12 noon .
Whereas provision should be made for security to be                3.    The notice of invitation to tender shall be
given to guarantee fulfilment of the obligations arising           published in the Official Journal of the European
by virtue of participation in the invitation to tender ;           Communities not less than nine days before the
                                                                  closing date for submission of tenders.
Whereas the German 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
(*) OJ No L 130, 19 . 5. 1976, p. 1 .                             reflect normal market prices and costs, the interven­
(J) OJ No L 281 , 1 . 11 . 1975, p. 89 .                          tion agency may cancel the invitation to tender.
 ---pagebreak--- 4. 12. 76                          Official Journal of the European Communities                          No L 335/ 19
                         Article 4                            collecting the tenders, and if the product is dispatched
                                                              through a frontier post of the Member State where the
 1 . The successful tenderer shall give security of a         successful tenderer is established, the intervention
value of five units of account per metric ton of the          agency of the latter Member State shall be responsible
product ; the security is intended to guarantee that the      for the operations relating to the tendering.
operations specified in Article 1 are duly completed.
The security shall be forfeited if those operations are       In this case the intervention agency chosing the
not carried out within the prescribed time limit, save        successful tenderer shall immediately inform the inter­
as regards quantities not delivered owing to force            vention agency of the Member State concerned and
 majeure.                                                     shall supply it with all the information which it may
                                                              require.
2. The security required under paragraph 1 may be
provided in the form of a cash deposit or of a                4. The intervention agency shall request the
guarantee issued by a credit institution conforming to        successful tenderer to supply the following informa­
criteria laid down by each Member State.                      tion :
                         Article 5                            (a) after each shipment a certificate showing the quan­
                                                                  tities dispatched and the quality of the products ;
The   product referred to in Article 1 must be of fair        (b) the date of the departure of the ships ; the
and   sound merchantable quality and correspond at                expected date of arrival of the products at their
least  to the standard quality for which the interven­            destination ;
tion  price is fixed, except that the moisture content        (c) all possible contingencies which might occur
shall not exceed 14 % and that a maximum of 3 % of
                                                                  during transportation of the products.
sprouted grains and 1 -5 % of miscellaneous impuri­
ties shall be allowed.                                        The intervention agency shall transmit the informa­
                                                              tion provided for to the Commission as soon as it is
                        Article 6                             received .
1 . The German intervention agency shall be respon­           5. When the intervention agency responsible for
sible for operations relating to the invitation to tender     the operations relating to tendering is not the interven­
provided for by this Regulation .                             tion agency which appoints the successful tenderer, it
2.    It shall forwith communicate to the Commission
                                                              shall send as soon as possible to the latter the informa­
                                                              tion necessary for releasing the security.
the list of firms which have responded to the invita­
tion to tender, specifying the terms of each tender,
together with the name and business name of the                                       Article 7
successful tenderer.
                                                              This Regulation shall enter into force on the day of its
3.    On the other hand, if the successful tenderer is        publication in the Official Journal of the European
established in a Member State other than the one              Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 3 December 1976.
                                                                         For the Commission
                                                                           P.J. LARDINOIS
                                                                    Member of the Commission
 ---pagebreak--- No L 335/20                                 Official Journal of the European Communities                                              4 . 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                                          3 500 t
                      communautaires                                   dont :
                      Gemeinschaftshäfen                             davon :
                      Porti comunitari                               di cui :
                      Havens van de
                      Gemeenschap                                 waarvan :
                      Fællesskabshavne                                 deraf :
                      Community ports                              whereof :
            1                                                  1 000 t          Heymann und Co.
           2                                                   1 000 t          KG-Saargetreide
                                                                                                                     Niederlosheim
           3                                                   1 000 t          Postfach 264
           4                                                     500 t          4150 Krefeld 11