31975R0761

25 . 3 . 7.5 Official Journal of the European Communities No L 76/ 17

REGULATION ( EEC) No 761 / 75 OF THE COMMISSION of 21 March 1975 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, 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 ; Whereas provision should be made for security to be given for the purpose of guaranteeing that the obliga­ Having regard to Council Regulation No 120 / tions arising by virtue of participation in the invita­ 67/ EEC (') of 13 June 1967 on the common organiza­ tion to tender for supplies to the Democratic Republic of Somalia will be fulfilled ; tion of the market in cereals, as last amended by Regu­ lation ( EEC) No 85 / 75 (-'); Whereas the Italian intervention agency should be made responsible for the tendering procedure ; 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 Commission must be informed quickly in particular Article 6 thereof ; of the tenders submitted in response to the invitation and of those accepted by the intervention agency ;

Whereas on 17 February 1975 the Council of the Whereas the Monetary Committee will be consulted ; European Communities declared that it proposed, by whereas, in view of the urgency, the measures envis­ way of Community action , to grant the equivalent of aged should be adopted in accordance with the condi­ 2 500 metric tons of common wheat (in other words tions laid down in Article 3 (2) of Council Regulation 1 655 metric tons of common wheat flour) to the No 129 (4) on the value of the unit of account and the Democratic Republic of Somalia under its 1974/75 exchange rates to be applied for the purposes of the food-aid programme ; common agricultural policy, as last amended by Regu­ lation ( EEC) No 2543 /73 (5), and in particular Article 3 thereof ; Whereas pursuant to Article 3 (3) of Council Regula­ tion ( EEC) No 1693 /72 the goods may be purchased anywhere on the Community market ; Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ ment Committee for Cereals, Whereas the proposed invitation to tender should be for supply of the products cif, that is to say actually placed on the quay at the port of unloading ;

HAS ADOPTED THIS REGULATION : Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and may relate to products mobilized anywhere within Article 1 those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure that the tenders are as comparable as possible, account 1 . Tenders are hereby invited for the supply to the should be taken of the effect on each tender of the Democratic Republic of Somalia, by way of Commu­ currency situation in the Member State in which the nity food-aid action , of 1 655 metric tons of common customs export formalities will be completed ; wheat flour .

Whereas the award under the invitation to tender 2 . The tendering procedure shall take place in Italy must be made in favour of the tenderer offering the in one lot. The product shall be mobilized on the best terms ; Community market . The product shall be loaded for departure from any Community port . (') OJ No 117, 19 . 6. 1967, p. 2269/ 67 . (2 ) OJ No L 11 , 16 . 1 . 1975, p . 1 . (4) OJ No 106, 30 . 10 . 1962, p . 2553 /62 . (3 ) OJ No L 178 , 5 . 8 . 1972, p . 3 . (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .

No L 76/ 18 Official Journal of the European Communities 25 . 3 . 75

3 . The invitation to tender provided for in para­ 2-25 % , a conversion rate resulting from their graph 1 is for supply of products delivered cif that is central rate , to say, actually placed on the quay in the port of — in the other cases, the average of the spot rates of unloading. the currencies concerned recorded in the Member State in which the invitation to tender is issued 4. The successful tenderer shall deliver the product during a period from the Wednesday of one week specified in paragraph 1 cif to the port of Berbera in to the Tuesday of the following week being the new double cotton sacks, having a net capacity of 50 period immediately preceding the closing date for kilogrammes . submission of tenders .

The following shall be printed on the sacks : Article 4 'Wheat flour — gift of the European Community — to be distributed free of charge'. The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust­ Article 2 ment referred to in Article 3 (3).

However, if the tenders submitted do not appear to 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken reflect normal market prices and costs , the interven­ on 8 April 1975 . tion agency may cancel the invitation to tender.

2 . The closing date for the receipt of tenders shall Article 5 be 8 April 1975 at 12 noon .

3 . The notice of invitation to tender shall be 1 . The tenderer shall give security in an amount of 10 units of account per metric ton of goods. published in the Official Journal of the European Communities not less than nine days before the It shall be released : closing date for submission of tenders . — in the case of all tenderers whose tenders are unsuccessful or are not accepted, Article 3 — in the case of the successful tenderer, when the 1 . The prices offered must be expressed in the operations concerned have been carried out within currency of the Member State in which the invitation the prescribed time limit and on submission of to tender was issued . the original export licence duly granted and endorsed by the competent authorities of the 2 . Tenders must in particular mention the Member Member State mentioned in the tender pursuant State in which the tenderer, in the event of his being to Article 3 (2), declared successful , expects to complete the customs — in the case of the successful tenderer for quantities export formalities for the products concerned . not supplied by reason of force majeure.

3 . For the purpose of rendering the tenders compar­ 2. The security required under paragraph 1 may be able, the prices shall , where appropriate, be corrected provided in the form of a cash deposit or of a by the monetary compensatory amount applicable on guarantee issued by a credit institution conforming to the closing date for submission of tenders to exports the criteria laid down by each Member State . from the Member State mentioned in the tender pursuant to paragraph 2 . Article 6 Such correction shall be made by : 1 . The common wheat flour referred to in Article 1 — increasing prices which mention a Member State to be supplied to the Democratic Republic of Somalia whose currency has depreciated, must meet the following requirements : — reducing prices which mention a Member State whose currency has been revalued . — moisture : 14% maximum , — protein content : 10-5 % minimum (N x 6-25 on Such monetary compensatory amount shall , where dry matter), appropriate, be converted into the currency of the Member State in which the invitation to tender is — ash content : 0-52 % maximum referred to dry matter . issued using :

— in the case when the currencies concerned are Flour not meeting these requirements shall be kept at any given moment within a band of refused .

25 . 3 . 75 Official Journal of the European Communities No L 76/ 19

2. Tenders for supply to the Democratic Republic Furthermore , the amount of the successful tender of Somalia of the common wheat flour referred to in shall be paid after it has been converted using the Article 1 must relate to a product with the following average of the spot rates referred to in the second characteristics : subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations — moisture : 14 % maximum , relating to the tendering are completed . — protein content : 10-5% minimum (N x 6-25 on dry matter), 4 . The intervention agency shall ask that the — ash content : 0-52 % maximum referred to dry tenderer specifies the following information : matter . (a) after each shipment, a statement giving details of the quantities loaded, the quality of the products Article 7 and the type of packing ; 1 . The Italian intervention agency shall be respon­ (b) the date of the departure of the ships, the esti­ sible for organizing the invitation to tender provided mated date of arrival of the products at their desti­ for by this Regulation . nation ; 2 . It shall forthwith communicate to the Commis­ (c) all ' possible contingencies which might occur sion the list of firms which have responded to the invi­ during transportation of the products . tation to tender, specifying the terms of each tender, The information indicated above shall be forwarded together with the name and business name of the successful tenderer . by the intervention agency to the Commission imme­ diately upon receipt. 3 . Where the customs export formalities for the mobilized product are completed in a Member State 5 . When the intervention agency responsible for other than that in which the invitation to tender is . the operations relating to tendering is not the interven­ issued , the intervention agency of the latter Member1 tion agency which appoints the successful tenderer, it State shall be responsible for the operations following shall send as soon as possible to the latter the informa­ tendering, including payment to the successful ten­ tion necessary for releasing the security . derer . In such case, the intervention agency choosing the Article 8 successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and This Regulation shall enter into force on the day of its shall supply it with all the information which it may publication in the Official Journal of the European Communities. require .

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

Done at Brussels , 21 March 1975 .

For the Commission P.J. LARDINOIS Member of the Commission