31974R3153

No L 334/ 26 Official Journal of the European Communities 14 . 12 . 74

REGULATION ( EEC) No 3153/74 OF THE COMMISSION of 13 December 1974 opening a new invitation to tender for the mobilization of common wheat flour as food aid for the Democratic Republic of Somalia

THE COMMISSION OF THE EUROPEAN tion to tender for supplies to the Democratic Republic COMMUNITIES, of Somalia will be fulfilled ;

Having regard to the Treaty establishing the European Whereas the Italian intervention agency should be Economic Community ; made responsible for the tendering procedure ; Having regard to Council Regulation No 120/ Whereas the Commission must be informed quickly 67/ EEC (') of 13 June 1967 on the common organiza­ of the tenders submitted in response to the invitation tion of the market in cereals, as last amended by Regu­ and of those accepted by the intervention agency ; lation ( EEC) No 1 996/74 (2) ;

Having regard to Council Regulation (EEC) No Whereas the measures provided for in this Regulation 1 693 /72 (3 ) of 3 August 1972 laying down the condi­ are in accordance with the Opinion of the Manage­ tions for the mobilization of cereals as food aid, and ment Committee for Cereals, in particular Article 6 thereof ;

Whereas on 14 May 1973 , the Council of the Euro­ pean Communities declared that it proposed, by way HAS ADOPTED THIS REGULATION : of Community action , to grant the equivalent of 4 000 metric tons of common wheat (in other words 2 649 metric tons of common wheat flour) to the Democ­ Article 1 ratic Republic of Somalia under its 1972/73 food aid programme ; 1 . Tenders are hereby invited for the supply to the Democratic Republic of Somalia by way of Commu­ Whereas the invitation to tender opened in the nity action , of 1 649 metric tons of common wheat Community under Commission Regulation ( EEC) No flour . 2399/74 (4) of 20 September 1974 opening an invita­ tion to tender for the mobilization of common wheat flour as aid for Somalia was not all executed ; whereas 2. The tendering procedure shall take place in Italy a new invitation to tender should therefore be in one lot . The product shall be mobilized on the opened ; market. The products shall be loaded for departure from any Community port . Whereas pursuant to Article 3 (3) of Council Regula­ tion ( EEC) No 1693/72 the goods may be purchased 3 . The invitation to tender provided for in para­ anywhere on the Community market ; graph 1 is for supply of products delivered cif, that is at the moment when the goods are actually removed Whereas the proposed invitation to tender should be from the ship's hold at the port of unloading. for supply of the products delivered cif, that is at the moment when the goods are actually removed from The recipient country shall bear all costs subsequent the ship's hold at the port of unloading ; to delivery of the goods, including unloading costs Whereas the award under the invitation to tender (such as unstowing, hoisting and reception) and any lighterage costs . must be made in favour of the tenderer offering the best terms ; Any demurrage costs or dispatch money at the port of Whereas, should force majeure make it impossible to unloading shall be a charge on or for the benefit of complete the operation in question within the time the recipient country. The rates and detailed arrange­ limits specified, it must be made clear who is to bear ments relating thereto laid down in the contract the liability for any resulting costs ; between the authorized agent of the Community and 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 for the purpose of guaranteeing that the obliga­ recipient country. tions arising by virtue of participation in the invita­ 4 . The successful tenderer shall deliver the product (') OJ No 117, 19 . 6 . 1967, p. 2269/67 . specified in paragraph 1 cif to the port of Mogadiscio I2) OJ No L 209, 31 . 7. 1974, p. 1 . (3) OJ No L 178 , 5 . 8 . 1972, p. 3 . Annex in new cotton sacks, having a net capacity of h) OJ No L 256, 21 . 9 . 1974, p. 8 . 50 kilogrammes .

14 . 12. 74 Official Journal of the European Communities No L 334/27

The following shall be printed on the sacks : Article 1 must relate to a product with the following characteristics : 'Wheat flour — gift of the European Community'. — moisture : 14 % maximum ; Article 2 — protein content : 10-5 % minimum (N x 6-25 on dry matter) ; 1 . The decision on tenders received in response to — ash content : 0-52 % maximum referred to dry the invitation provided for in Article 1 shall be taken matter. on 30 December 1974 .

2. The closing date for the submission of tenders Article 6 shall be 30 December 1974 at 12 noon .

3 . The notice of invitation to tender shall be 1 . The Italian intervention agency shall be respon­ published in the Official Journal of the European sible for the operations relating to the invitation to Communities not less than nine days before the tender provided for by this Regulation . closing date for the submission of tenders. 2. It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ A rticle 3 tation to tender, specifying the terms of each tender, together with the name and business name of the The contract shall be awarded to the tenderer offering successful tenderer. the best terms . However, if the tenders submitted do not appear to correspond to normal market prices and 3 . On the other hand, if the successful tenderer is costs, the intervention agency may cancel the invita­ tion to tender . established in a Member State other than the one collecting the tenders, and if the product is dispatched through a frontier post of the Member State where the Article 4 successful tenderer is established, the intervention 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 10 units of account per metric ton ; the secu­ rity is intended to guarantee that the operations speci­ In this case, the intervention agency choosing the fied in Article 1 are duly completed . The security successful tenderer shall immediately inform the inter­ shall be forfeit if those operations are not carried out vention agency of the Member State concerned and within the prescribed time limit, save as regards quan­ shall supply it with all the information which it may tities not delivered owing to force majeure. require .

2. The security provided for in paragraph 1 may be 4. The intervention agency shall ask that the given in the form of a cash deposit or of a guarantee tenderer specifies the following information : issued by a credit institution conforming to the criteria laid down by the Member State. (a) after each shipment, a statement giving details of the quantities loaded, the quality of the products and their packaging ; Article 5 (b) the date of the departure of the ships, the expected 1 . The common wheat flour referred to in Article 1 date of arrival of the products at their destination ; to be supplied to the Democratic Republic of Somalia (c) all possible contingencies which might occur must meet the following requirements : during transportation of the products. — moisture : 14 % maximum ; The intervention agency shall transmit the informa­ — protein content : 10-5 % minimum (N x 6-25 on tion provided for to the Commission as soon as it is dry matter) ; received . — ash content : 0-52 % maximum referred to dry matter . Article 7 Flour not meeting these requirements shall be refused . This Regulation shall enter into force on the day of its 2. Tenders for supply to the Democratic Republic publication in the Official Journal of the European of Somalia of the common wheat flour referred to in Communities,

No L 334/28 Official Journal of the European Communities 14 . 12 . 74

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

Done at Brussels, 13 December 1974. For the Commission

The President Francois-Xavier ORTOLI