31974R0815

No L 96/ 16 Official Journal of the European Communities 6 . 4 . 74

REGULATION (EEC) No 815/74 OF THE COMMISSION of 5 April 1974 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Democratic Republic of Somalia

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 No 120/ HAS ADOPTED THIS REGULATION : 67/EEC ( 1 ) of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ lation (EEC) No 1346/73 (2); Article 1

Having regard to Council Regulation (EEC) No 1 . Tenders are hereby invited for the supply to the 1 693/72 (3) of 3 August 1972 laying down the condi­ Democratic Republic of Somalia by way of Commu­ tions for the mobilization of cereals as food aid, and nity action, of 6 623 metric tons of common wheat in particular Article 6 thereof ; flour.

Whereas on 23 May 1972 the Council of the Euro­ 2. The tendering procedure shall take place in Italy pean Communities declared that it proposed, by way in two lots. The product shall be mobilized on the of Community action, to grant the equivalent of Community market. The products shall be loaded for 1 0 000 metric tons of common wheat (in other words departure from a Community port. 6 623 metric tons of common wheat flour) to the Democratic Republic of Somalia under its 1971 /72 3 . The invitation to tender provided for in para­ food aid programme ; graph 1 is for supply of products delivered cif, that is Whereas analysis of the state of the Community at the moment when the goods are actually removed cereals market indicates that the criteria of Article from the ship's hold at the port of unloading. 3(3) of Council Regulation (EEC) No 1693/72 should be applied and that the product should be purchased The recipient country shall bear all costs subsequent on the Community market ; to delivery of the goods, including unloading costs (such as unstowing, hoisting and reception) and any Whereas the proposed invitation to tender should be lighterage costs. for supply of the products delivered cif, that is at the moment when the goods are actually removed from Any demurrage costs or despatch money at the port of the ship's hold at the port of unloading ; unloading shall be a charge on or for the benefit of the recipient country. The rates and detailed arrange­ Whereas the award under the invitation to tender ments relating thereto laid down in the contract must be made in favour of the tenderer offering the between the authorized agent of the Community and best terms ; » the carrier must have been agreed upon in advance by the authorized agent and the receiving agent of the Whereas, should force majeure make it impossible to recipient country. complete the operation in question within the time limits specified, it must be made clear who is to bear 4. The successful tenderer shall deliver the product the liability for any resulting costs ; specified in paragraph 1 cif to the port listed in the Annex in new cotton sacks, having a net capacity of Whereas provision should be made for security to be 50 kilogrammes. given for the purpose of guaranteeing that the obliga­ tions prising by virtue of participation in the invita­ The following shall be printed on the sacks : tion to tender for supplies to the Democratic Republic of Somalia will be fulfilled ; 'Wheat flour — Gift of the European Community'. Whereas the Italian intervention agency should be made responsible for the tendering procedure ; 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 19 April 1974. (■) OJ No 117, 19 . 6. 1967, p. 2269/67 . (2) OJ No L 141 , 28 . 5 . 1973, p . 8 . 2. The closing date for submission of tenders shall (3 ) OJ No L 178 , 5 . 8 . 1972, p. 3 . be 19 April 1974 at 12 noon.

6 . 4 . 74 Official Journal of the European Communities No L 96 / 17

3 . The notice of invitation to tender shall be 2. Tenders for supply to the Democratic Republic published in the Official Journal of the European of Somalia of the Common wheat flour referred to in Communities not less than nine days before the Article 1 must relate to a product with the following closing date for the submission of tenders. characteristics : — Moisture : 1 2 % maximum, Article 3 — Protein content : 10-5 % minimum (N 6-25 on dry matter), The contract shall be awarded to the tenderer offering the best terms . However, if the tenders submitted do — Ash content : 0-52 % maximum referred to dry matter . not appear to correspond to normal market prices and costs, the intervention agency may cancel the invita­ tion to tender. Article 6

1 . The Italian intervention agency shall be respon­ Article 4 sible for the operations relating to the invitation to 1 . The successful tenderer shall give security of a tender provided for by this Regulation. value of 10 units of account per metric ton ; the secu­ 2 . It shall forthwith communicate to the Commis­ rity is intended to guarantee that the operations speci­ sion the list of firms which have responded to the invi­ fied in Article 1 are duly completed. The security tation to tender, specifying the terms of each tender, shall be forfeit if those operations are not carried out together with the name an business name of the within the prescribed time limit, save as regards quan­ successful tenderer. tities not delivered owing to force majeure. 3 . The intervention agency shall ask that the 2. The security provided for in paragraph 1 may be tenderer specifies the following information : given in the form of a cash deposit or of a guarantee (a) after each shipment, a statement giving details of issued by a credit institution conforming to the the quantities loaded, the quality of the products criteria laid down by the Member State. and their packaging ; Article 5 (b) the date of the departure of the ships, the expected date of arrival of the products at their destination ; 1 . The common wheat flour referred to in Article 1 (c) all possible contingencies which might occur to be supplied to the Democratic Republic of Somalia during transportation of the products . must meet the following requirements : The intervention agency shall transmit the informa­ — Moisture : 1 2 % maximum , tion provided for td the Commission as soon as it is — Protein content : 10-5% minimum (N 6-25 on received . dry matter), — Ash content : 0-52 % maximum referred to dry Article 7 matter . This Regulation shall enter into force on the day of its Flour not meeting these requirements shall be publication in the Official Journal of the European refused . Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 5 April 1974.

For the Commission

The President

Francois-Xavier ORTOLI

No L 96/ 18 Official Journal of the European Communities 6 . 4. 74

ANNEX

Number of lot Port of unloading Minimum rate of unloading Tonnage çif

1 3 312 metric tons Customs of the port 2 3 311 metric tons j Mogadishu