31974R2399
21 . 9 . 74 Official Journal of the European Communities No L 256/7
REGULATION ( EEC) No 2399/74 OF THE COMMISSION of 20 September 1974 opening a 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, should force majeure make it impossible to COMMUNITIES , complete the operation in question within the time limits specified, it must be made clear who is to bear the liability for any resulting costs ; Having regard to the Treaty establishing the European Economic Community ;
Having regard to Council Regulation No 120/ Whereas provision should be made for security to be 67/ EEC (') of 13 June 1967 on the common organiza given for the purpose of guaranteeing that the obliga tion of the market in cereals, as last amended by Regu tions arising by virtue of participation in the invita lation (EEC) No 1996/74 (2); tion to tender for supplies to the Democratic Republic of Somalia will be fulfilled ;
Having regard to Council Regulation (EEC) No 1 693/72 (3) of 3 August 1972 laying down the condi tions for the mobilization of cereals as food aid , and Whereas the Italian intervention agency should be in particular Article 6 thereof ; made responsible for the tendering procedure ;
Having regard to Council Regulation (EEC) No 974/71 (4) of 12 May 1971 covering certain measures Whereas the Commission must be informed quickly of conjunctural policy to be taken in the agricultural of the tenders submitted in response to the invitation sector following the temporary widening of the and of those accepted by the intervention agency ; margins of fluctuation in the currencies of certain Member States, as last amended by Regulation (EEC) No 3450/73 (5), and in particular Article 6 ( 1 ) thereof ;
Whereas the prices of soft wheat flour on the world Whereas on 14 May 1973, the Council of the Euro market exceed at this time to a marked extent the pean Communities declared that it proposed , by way prices ruling in the Community for that product ; of Community action , to grant the equivalent of 4 000 whereas on the basis of data currently available no metric tons of common wheat (in other words 2 649 immediate change in this position is to be foreseen ; metric tons of common wheat flour) to the Democ whereas under these conditions tenderers can reason ratic Republic of Somalia under its 1972/73 food aid ably expect that at the time of delivery of the products programme ; in the tender no monetary compensatory amount will be applied to the export by virtue of Article 4a (2) of Regulation (EEC) No 974/71 ; whereas however the Whereas pursuant to Article 3 (3) of Council Regula Commission has proposed to the Council the suppres tion ( EEC) No 1693/72 the goods may be purchased sion of Article 4a (2) aforesaid ; whereas this measure anywhere on the Community market ; will have the effect of applying under all circum stances the monetary compensatory amount for tran Whereas the proposed invitation to tender should be sactions with Member States with depreciated curren for supply of the products delivered cif, that is at the cies and in particular the levying of this amount on moment when the goods are actually removed from exports ; whereas in order not to hinder the execution the ship's hold at the port of unloading ; of this present food aid it is expedient to provide that any compensatory amount that might be applied following the suppression of Article 4a (2) aforesaid Whereas the award under the invitation to tender shall not be levied for the products to be delivered by must be made in favour of the tenderer offering the virtue of this present invitation to tender ; best terms ;
(•) OJ No 117, 19 . 6 . 1967, p . 2269/ 67. 0 OJ No L 209 , 31 . 7 . 1974, p. 1 . Whereas the measures provided for in this Regulation (3 ) OJ No L 178 , 5 . 8 . 1972, p. 3 . (4 ) OJ No L 106, 12. 5 . 1971 , p. 1 . are in accordance with the Opinion of the Manage (5 ) OJ No L 353 , 22 . 12. 1973 , p . 25 . ment Committee for Cereals,
No L 256 / 8 Official Journal of the European Communities 21 . 9 . 74
HAS ADOPTED THIS REGULATION : rity is intended to guarantee that the operations speci fied in Article 1 are duly completed. The security Article 1 shall be forfeit if those operations are not carried out within the prescribed time limit, save as regards quan 1 . Tenders are hereby invited for the supply to the tities not delivered owing to force majeure. Democratic Republic of Somalia by way of Commu nity action, of 2 649 metric tons of common wheat 2. The security provided for in paragraph 1 may be flour . given in the form of a cash deposit or of a guarantee issued by a credit institution conforming to the 2. The tendering procedure shall take place in Italy criteria laid down by the Member State. in two lots. The product shall be mobilized on the market. The products shall be loaded for departure from a Community port. Article 5 3 . The invitation to tender provided for in para 1 . The common wheat flour Teferred to in Article 1 graph 1 is for supply of products delivered cif, that is to be supplied to the Democratic Republic of Somalia at the moment when the goods are actually removed must meet the following requirements : from the ship's hold at the port of unloading! — moisture : 1 2 % maximum ; The recipient country shall bear all costs subsequent — protein content : 10-5 % minimum (N x 6-25 on to delivery of the goods, including unloading costs dry matter) ; (such as unstowing, hoisting and reception) and any — ash content : 0-52 % maximum referred to dry lighterage costs. matter . Any demurrage costs or dispatch money at the port of unloading shall be a charge on or for the benefit of Flour not meeting these requirements shall be the recipient country. The rates and detailed arrange refused . ments relating thereto laid down in the contract bet ween the authorized agent of the Community and the 2. Tenders for supply to the Democratic Republic carrier must have been agreed upon in advance by the of Somalia of the common wheat flour referred to in authorized agent and the receiving agent of the recip Article 1 must relate to a product with the following ient country. characteristics : 4. The successful tenderer shall deliver the product — moisture : 1 2 % maximum ; specified in paragraph 1 cif to the ports listed in the — protein content : 10-5 % minimum (N x 6-25 on Annex in new cotton sacks, having a net capacity of dry matter) ; 50 kilogrammes . — ash content : 0-52 % maximum referred to dry matter . The following shall be printed on the sacks : 'Wheat flour — gift of the European Community'. Article 6 Article 2 1 . The Italian intervention agency shall be respon 1 . The decision on tenders received in response to sible for the operations relating to the invitation to the invitation provided for in Article 1 shall be taken tender provided for by this Regulation . on 4 October 1974 . 2 . It shall forthwith communicate to the Commis 2. The closing date for the submission of tenders shall be 4 October 1974 at 12 noon . sion the list of firms which have responded to the invi tation to tender, specifying the terms of each tender, 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 days before the closing date for the submission of tenders. 3 . On the other hand, if the successful tenderer is established in a Member State 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 offering successful tenderer is established, the intervention the best terms . However, if the tenders submitted do agency of the latter Member State shall be responsible not appear to correspond to normal market prices and costs, the intervention agency may cancel the invita for the operations relating to the tendering. tion to tender. In this case, the intervention agency choosing the successful tenderer shall immediately inform the inter Article 4 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 10 units of account per metric ton ; the secu require .
21 . 9 . 74 Official Journal of the European Communities No L 256/9
4. The intervention agency shall ask that the successful tenderer, acting as agent for the Commu tenderer specifies the following information : nity, by the agent of the recipient country or, in the absence of the latter, by the intervention agency of the (a) after each shipment, a statement giving details of Member State in whose territory the port of shipment the quantities loaded, the quality of the products is situated . and their packaging ; (b) the date of the departure of the ships, the expected date of arrival of the products at their destination ; Article 8 (c) all possible contingencies which might occur during transportation of the products. The monetary compensatory amount shall not be levied for the products to be delivered under this The intervention agency shall transmit the informa Regulation . tion provided for to the Commission as soon as it is received . Article 9 Article 7 This Regulation shall enter into force on the day of its On delivery of the goods at the port of shipment, a publication in the Official Journal of the European handing-over certificate shall be supplied to the Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 20 September 1974. For the Commission
The President Francois-Xavier ORTOLI
ANNEX
Number of lot Port of unloading Minimum rate of unloading Metric tonnage cif
1 Berbera 1 000 Customs of the port 2 Mogadiscio 1 649