CELEX: 31977R0294
Language: en
Date: 1977-02-11 00:00:00
Title: Commission Regulation (EEC) No 294/77 of 11 February 1977 opening an invitation to tender for the mobilization of common wheat as food aid for the Republic of Honduras

No L 42/8                              Official Journal of the European Communities                            12. 2. 77
                                   COMMISSION REGULATION (EEC) No 294/77
                                                     of 11 February 1977
               opening an invitation to tender for the mobilization of common wheat as food
                                              aid for the Republic of Honduras
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 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 way
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,                                  Honduras of 7 000 tonnes of common wheat.
Whereas on 25 March 1976 the Council of the Euro­
pean Communities declared that by way of Commu­                   2. The tendering procedure shall take place in the
nity action it proposed to grant the Republic of                  Federal Republic of Germany in two lots.
 Honduras 7 000 tonnes of common wheat under its
 1975/76 food-aid programme ;                                     3. The product shall be mobilized by the German
                                                                  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 Germany indi­
cates that the criteria of Article 3 (2) of Council Regu­         4. Shipment shall be from a Community port.
lation (EEC) No 2750/75 should be applied and that
the intervention agency of the Member State as speci­             5. The invitation to tender provided for in para­
fied should mobilize the cereals from those stocked in
                                                                  graph 1 is for supply of products removed from the
its own stores and should also determine the condi­
                                                                  ship's hold at the port of Puerto Cortes.
tions of mobilization ;
Whereas the proposed invitation to tender should be               The recipient country shall bear all costs subsequent
for supply of the products removed from the ship's                to delivery of the goods, including unloading costs
hold at the port of unloading ;                                   (such as unstowing, hoisting and reception) and any
                                                                  lighterage costs.
Whereas     the contract should be awarded            to  the
tenderer offering the best terms ;                                Any demurrage costs or dispatch money at the port of
                                                                  unloading shall be a charge on or for the benefit of
Whereas in case it should be impossible for reasons of            the recipient country. The rates ahd detailed arrange­
force majeure to complete the operation in question               ments relating thereto laid down in the contract
within the set time limits, it must be made clear who             between the authorized agent of the Community and
is to bear any costs resulting therefrom ;                        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 German intervention agency should be
made responsible for the tendering procedure in ques­
tion ;                                                                                   Article 2
Whereas the Commission must be informed quickly
                                                                   1 . The decision on tenders received in response to
of the tenders submitted in response to the invitation
                                                                  the invitation provided for in Article 1 shall be taken
and of those accepted by the intervention agency ;                on 25 February 1977.
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 354, 24. 12. 1976, p. 1 .                             2. The closing date for the receipt of tenders shall
(J) OJ No L 281 , 1 . 11 . 1975, p. 89.                           be 25 February 1977 at 12 noon .
 ---pagebreak--- 12. 2. 77                          Official Journal of the European Communities                             No L 42/9
3.    The notice of invitation to tender shall be             together with the name and business name of the
published in the Official Journal of the European             successful tenderer.
Communities not less than nine day before the
                                                              3.     On the other hand, if the successful tenderer is
closing date for submission of tenders.                       established in a Member Stare 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
                                                              for the operations relating to the tendering.
However, if the tenders submitted do not appear to
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
                                                              require.
1 . The successful tenderer shall give security of a          4. The intervention agency shall request the
value of five units of account per tonne of the               successful tenderer to supply the following informa­
product ; the security is intended to guarantee that the      tion :
operations specified in Article 1 are duly completed.
The security shall be forfeited if those operations are       (a) after each shipment a certificate showing the quan­
not carried out within the prescribed time limit, save            tities dispatched and the quality of the products ;
as regards quantities not delivered owing to force            (b) the date of the departure of the ships ; the
majeure.                                                          expected date of arrival of the products at their
                                                                  destination ;
2. The security required under paragraph 1 may be
provided in the form of a cash deposit or of a                (c) all possible contingencies which might occur
guarantee issued by a credit institution conforming to            during transportation of the products.
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
                         Article 5                            received .
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 12-5 % and that a maximum of 3 %             tion necessary for releasing the security.
of sprouted grains and 1-5 % of miscellaneous impuri­
ties shall be allowed. The protein content must be at                                  Article 7
least 10*5 % .
                                                              The expenses incurred by the drying of the product to
                         Article 6                            the percentage referred to in Article 5, are reimbursed
                                                              in accordance with Article 4 ( 1 ) (d) of Regulation
1 . The German intervention agency shall be respon­           (EEC) No 787/69 .
sible for operations relating to the invitation to tender
provided for by this Regulation.                                                       Article 8
2.     It shall forthwith communicate to the Commis­          This Regulation shall enter into force on the day of its
sion the list of firms which have responded to the invi­      publication in the Official Journal of the European
tation to tender, specifying the terms of each tender,        Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
                Done at Brussels, 11 February 1977.
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President
 ---pagebreak--- No L 42/ 10                                Official Journal of the European Communities                                              12. 2. 77
                        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               Tonnage fob                      Address of store            Town at which stored
            1         Ports
                      communautaires                        7 000 t
                                                                       dont :
                      Gemeinschaftshäfen                             davon :
                      Porti comunitari                               di cui :
                      Havens van de
                      Gemeenschap                                  waarvan :
                      Fællesskabshavne                                deraf :
                      Community ports                              whereof :
            1                                                1 750              L.W. Cretschmar                      Düsseldorf- Hafen
                                                                                Postfach W 9109
                                                                                4000 Düsseldorf 1
                                                                                Lager Nr. 302 240
                                                               477              Lagerhaus Paul Lamers                Düsseldorf-Hafen
                                                                                GmbH & Co., KG
                                                                                Speditionsstraße 13
                                                                                4000 Düsseldorf 1
                                                                                Lager Nr. 302 170
                                                             1 210              Heinrich Kraft                       Neuss- Hafen
                                                                                Schiffahrt-Spedition-Lagerung
                                                                                Postfach 270
                                                                                4040 Neuss/Rhein
                                                                                Lager Nr. 302 200
            2                                                  596              Rhenus-WTAG AG                       Düsseldorf-Hafen
                                                                                Zweigniederlassung
                                                                                Postfach 6625
                                                                                4000 Düsseldorf 1
                                                                                Lager Nr. 302 000
                                                             2 967              Neusser Lagerhaus­                   Neuss-Hafen
                                                                                Gesellschaft AG
                                                                                Postfach 689
                                                                                4040 Neuss/Rhein
                                                                                Lager Nr. 302 1 10