CELEX: 31976R0221
Language: en
Date: 1976-01-30 00:00:00
Title: Commission Regulation (EEC) No 221/76 of 30 January 1976 opening an invitation to tender for the mobilization of soft wheat as food aid for the World Food Programme

31 . 1 . 76                            Official Journal of the European Communities                         No L 26/55
                                   COMMISSION REGULATION (EEC) No 221 /76
                                                      of 30 January 1976
                opening an invitation to tender for the mobilization of soft wheat as food aid for
                                                 the World Food Programme
 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 3058 /75 0,                                                                Article 1
 Having regard to Council Regulation (EEC) No                      1.   Tenders are hereby invited for the supply to the
 2750/75 of 29 October 1975 laying down the condi­                World Food Programme by way of Community food­
 tions for the mobilization of cereals as food aid (3), and        aid action of :
 in particular Article 6 thereof,
                                                                  — 6 265 metric tons of soft wheat.
 Whereas on 3 March 1975 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 World Food                   Belgium in one lot.
 Programme (WFP) 40 000 metric tons of cereals under
 its 1974/75 food-aid programme ;                                 3 . The product shall be mobilized by the Belgian
Whereas an analysis of the state of the cereals market
                                                                  intervention agency from the stores specified in the
                                                                  Annex.
with reference to cereals intervention in Belgium indi­
 cates that the criteria of Article 3 (2) of Council Regu­        4. Loading shall take place for shipment from any
 lation (EEC) No 2750/75 should be applied and that               Community port.
 the intervention agency of the Member State as speci­
 fied should mobilize the cereals from those stocked in           5 . The product referred to in paragraph 1 is to be
 its own stores and should also determine the condi­
                                                                  delivered in bulk to the port of shipment in the
tions of mobilization ;                                           vicinity of the vessel . The goods must be set down at
Whereas tenders should be invited for the supply of               the place nominated by the recipient country or its
the product to the port of shipment in the vicinity of            agent, the timing of delivery being settled by the
the vessel, the goods to be set down at the place nomi­           tenderer and the recipient country's agent.
nated by the recipient or its agent ;
Whereas      the  contract   should      be awarded   to  the                              Article 2
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 13 February 1976.
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
                                                                  be 13 February 1976 at 12 noon .
Whereas provision should be made for security to be
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            published in the Official Journal of the European
for the supply of common wheat to the WFP ;                       Communities, not less than nine days before the
Whereas the Belgian intervention agency should be                 closing date for submission of tenders.
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 . U. 1975, p. 1 .
                                                                  However, if the tenders submitted do not appear to
(2) OJ No L 306, 26 . 11 . 1 975, p. 3 .                          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 26/56                           Official Journal of the European Communities                             31 . 1 . 76
                          Article 4                            tation to tender, specifying the terms of each tender,
                                                               together with the name and business name of the
If the tenderer is unable to deliver the goods in              successful tenderer.
compliance with Article 1 (5) on the date given in the
notice of invitation to tender as a result of the late         3.      On the other hand, if the successful tenderer is
availability of the vessels to be used for sea transporta­     established in a Member State other than the one
tion , the resulting costs shall be borne by the interven­     collecting the tenders, and if the product is dispatched
tion agency.                                                   through a frontier post of the Member State where the
                                                               successful tenderer is established, the intervention
                          Article 5                            agency of the latter Member State shall be responsible
                                                                for the operations relating to the tendering.
1 . The successful tenderer shall give security of a
value of five units of account per metric ton of the            In this case, the intervention agency choosing the
product ; the security is intended to guarantee that the        successful tenderer shall immediately inform the inter­
operations specified in Article 1 are duly completed .          vention agency of the Member State concerned and
The security shall be forfeited if those operations are         shall supply it with all the information which it may
not carried out within the prescribed time limit, save          require .
as regards quantities not delivered owing to force              4. The intervention agency shall request the
 majeure.                                                       successful tenderer to supply the following informa­
                                                                tion :
2. The security required under paragraph 1 may be
provided in the form of a cash deposit or of a                  (a) after each shipment a certificate showing the quan­
guarantee issued by a credit institution conforming to               tities dispatched and the quality of the products ;
criteria laid down by each Member State.                        (b) the date of departure of the vessels.
                                                                The information indicated above shall be forwarded
                          Article 6
                                                                by the intervention agency to the Commission imme­
The common wheat referred to in Article 1 to be                 diately upon receipt.
supplied to the World Food Programme must be of
fair and sound merchantable quality and correspond                                       Article 8
at least to the standard quality for which the interven­
tion price is fixed, except that the moisture content           On delivery of the goods at the port of shipment, a
shall not exceed 15 % and that a maximum of 3 % of              handing-over certificate shall be supplied to the
sprouted grains and 1-5% of miscellaneous impuri­               successful tenderer, acting as agent for the Commu­
ties shall be allowed .                                         nity, by the agent of the recipient country, or, in the
                                                                absence of the latter, by the intervention agency of the
                          Article 7                             Member State in whose territory the port of shipment
                                                                 is situated .
 1 . The Belgian intervention agency shall be respon­
sible for operations relating to the invitation to tender                                Article 9
 provided for by this Regulation .
                                                                This Regulation shall enter into force on the day of its
 2.     It shall forthwith communicate to the Commis­            publication in the Official Journal of the European
 sion the list of firms which have responded to the invi­        Com in unities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                 Done at Brussels, 30 January 1976.
                                                                            For the Commission
                                                                               P.J. LARDINOIS
                                                                        Member of the Commission
 ---pagebreak--- 31 . 1 . 76                       Official Journal of the European Communities                                   No L 26/ 57
                     ANNEXE — ANHANG — ALLEGATO — BIJLAGE — BILAG — ANNEX
                Numéro du lot       Port d'embarquement   Tonnage 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                         6 265 tonnes
                                   communautaires                          dont :
                                   Gemeinschaftshäfen                    davon :
                                   Porti comunitari                      di cui :
                                   Havens van de
                                   Gemeenschap                         waarvan :
                                   Fællesskabshavne                        deraf :
                                   Community ports                     whereof :
                                                                         1 130 t        Ath
                                                                         1 135 t        Floreffe
                                                                         1 000 t        Racour
                                                                         1 000 t        Liège
                                                                            500 t       Verrebroek
                                                                            500 t       Brugge
                                                                         1 000 t        Gent