31974R2789

No L 297 / 16 Official Journal of the European Communities 5 . 11 . 74

REGULATION ( EEC ) No 2789/74 OF THE COMMISSION of 31 October 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 Commission must be informed quickly COMMUNITIES , of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to the Treaty establishing the European Economic Community ; Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ Having regard to Council Regulation No 120/ ment Committee for Cereals , 67/ EEC (') of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ lation ( EEC) No 1 996 /74 (2);

HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 1693 /72 (3 ) of 3 August 1972 laying down the condi­ tions for the mobilization of cereals as food aid, and in particular Article 6 thereof ; Article 1

Whereas on 21 March 1974 the Council of the Euro­ 1 . Tenders are hereby invited for the supply to the pean Communities declared that it proposed, by way Democratic Republic of Somalia by way of a Commu­ of Community action , to grant the equivalent of 2 500 nity action , of 1 655 metric tons of common wheat metric tons of common wheat (in other words, 1 655 flour . metric tons of common wheat flour) to the Demo­ cratic Republic of Somalia under its 1973 /74 food-aid 2. The tendering procedure shall take place in Italy programme ; in one lot . The product shall be mobilized on the Community market . The products shall be loaded for Whereas pursuant to Article 3 (3) of Council Regula­ departure from Naples or Genoa . tion (EEC) No 1693/72 the goods may be purchased anywhere on the Community market ; 3 . The product referred to in paragraph 1 is to be delivered in new cotton sacks of a net capacity of 50 Whereas tenders should be invited for the supply of kilogrammes to the port of shipment in the vicinity of the product to the port of shipment in the vicinity of the vessel . The goods must be set down at the place the vessel , the goods to be set down at the place nomi­ nominated by the recipient country or its agent, the nated by the recipient or its agent ; timing of delivery being settled by the tenderer and the recipient country's agent . Whereas the award under the invitation to tender must be made in favour of the tenderer offering the best terms ; The following shall be printed on the sacks :

'Wheat flour — gift of the European Community'. Whereas, should force majeure make it impossible to 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 ; Article 2

Whereas provision should be made for security to be 1 . The decision on tenders received in response to given for the purpose of guaranteeing that the obliga­ the invitation provided for in Article 1 shall be taken tions arising by virtue of participation in the invita­ on 18 November 1974 . tion to tender for supplies to the Democratic Republic of Somalia will be fulfilled ; 2 . The closing date for the submission of tenders shall be 18 November 1974 at 12 noon . Whereas the Italian intervention agency should be made responsible for the tendering procedure ; 3 . The notice of invitation to tender shall be published in the Official Journal of the European (') OJ No 117, 19 . 6 . 1967, p . 2269 /67 . (2 ) OJ No L 209 , .31 . 7. 1974, p. 1 . Communities not less than 9 days before the closing (») OJ No L 178 , 5 . 8 . 1972, p. 3 . date for the submission of tenders .

5 . 11 . 74 Official Journal of the European Communities No L 297 / 17

Article3¶

The contract shall be awarded to the tenderer offering 1 . The Italian intervention agency shall be respon­ the best terms . However, if the tenders submitted do sible for the operations relating to the invitation to not appear to correspond to normal market prices and tender provided for by this Regulation . costs, the intervention agency may cancel the invita­ tion to tender . 2 . It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ Article 4 tation to tender specifying the terms of each tender, together with the name and business name of the successful tenderer. If the tenderer is unable to deliver the goods in compliance with Article 1 (3) 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 agency of the latter Member State shall be responsible Article 5 for the operations relating to the tendering.

1 . The successful tenderer shall give security of a In this case, the intervention agency choosing the value of 10 units of account per metric ton ; the secu­ successful tenderer shall immediately inform the inter­ rity is intended to guarantee that the operations speci­ vention agency of the Member State concerned and fied in Article 1 are duly completed. The security shall supply it with all the information which it may shall be forfeit if those operations are not carried out require . within the prescribed time limit, save as regards quan­ tities not delivered owing to force majeure. 4. 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 issued by a credit institution conforming to the (a) after each shipment, a statement giving details of criteria laid down by the Member State . the quantities loaded, the quality of the products and their packaging ; (b) the date of the departure of the shps, the expected Article 6 date of arrival of the products at their destination .

1 . The common wheat flour referred to in Article 1 The intervention agency shall transmit the informa­ to be supplied to the Democratic Republic of Somalia tion provided for to the Commission as soon as it is must meet the following requirements : received . — moisture : 12% maximum ; — protein content : 10-5 % minimum (N x 6-25 on dry matter) ; Article 8 — ash content : 0-52 % maximum referred to dry matter. On delivery of the goods at the port of shipment, a handing-over certificate shall be supplied to the Flour not meeting these requirements shall be successful tenderer, acting as agent for the Commu­ refused . nity, by the agent of the recipient country or, in the absence of the latter, by the intervention agency of the 2. Tenders for supply to the Democratic Republic Member State in whose territory the port of shipment of Somalia of the common wheat flour referred to in is situated . Article 1 must relate to a product with the following characteristics :

— moisture : 1 2 % maximum ; Article 9 — protein content : 10-5 % minimum (N x 6-25 on dry matter) ; This Regulation shall enter into force on the day of its — ash content : 0-52 % maximum referred to dry publication in the Official Journal of the European matter . Communities.

No L 297/ 18 Official Journal of the European Communities 5 . 11 . 74

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

Done at Brussels, 31 October 1974. For the Commission The President

Francois-Xavier ORTOLI