31976R0316

14 . 2 . 76 Official Journal of the European Communities No L 39 / 13

COMMISSION REGULATION ( EEC) No 316/76 of 13 February 1976 opening an invitation to tender for the mobilization of durum wheat as food aid for the Democratic Republic of Somalia

THE COMMISSION OF THE EUROPEAN tions arising by virtue of guaranteeing that the obliga­ COMMUNITIES, tions arising by virtue of participation in the invita­ tion to tender for supplies to the Democratic Republic Having regard to the Treaty establishing the European of Somalia will be fulfilled ; Economic Community, Whereas the Italian intervention agency should be Having regard to Council Regulation (EEC) No made respbnsible for the tendering procedure ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals (*), as amended by Regula­ Whereas the Commission must be informed quickly tion (EEC) No 3058/75 (2), of the tenders submitted in response to the invitation and of those accepted by the intervention agency Having regard to Council Regulation (EEC) No agency ; 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3), and Whereas the Monetary Committee will be consulted ; whereas, in view of the urgency, the measures envis­ in particular Article 6 thereof, aged should be adopted in accordance with the condi­ tions laid down in Article 3 (2) of Council Regulation Whereas on 17 February 1975 the Council of the No 129 on the value of the unit of account and the European Communities declared that it proposed, by way of Community action, to grant 2 000 metric tons exchange rates to be applied for the purposes of the of durum wheat to the Democratic Republic of common agricultural policy (4), as last amended by Somalia under its 1974/75 food-aid programme ; Regulation (EEC) No 2543/73 (5), and in particular Article 3 thereof ; Whereas pursuant to Article 3 (3) of Council Regula­ Whereas the measures provided for in this Regulation tion (EEC) No 2750/75 the goods may be purchased are in accordance with the opinion of the Manage­ anywhere on the Community market ; ment Committee for Cereals, Whereas the proposed invitation to tender should be for supply of the products delivered cif, that is at the moment when the goods are actually placed in lighter HAS ADOPTED THIS REGULATION : at the port of unloading ;

Whereas in view of the different monetary circum­ Article 1 stances in the Member States, the observation of these conditions is not guaranteed by the application of 1 . Tenders are hereby invited for the supply to the exchange rates applicable in the framework of the Democratic Republic of Somalia, by way of Commu­ common agricultural policy since monetary compensa­ nity food-aid action, of 2 000 metric tons of durum tory amounts do not apply for durum wheat ; whereas wheat . it is advisable to take account of the monetary situa­ tion as regards different offers ; 2. The tendering procedure shall take place in Italy in one lot. The product shall be mobilized on the Whereas the award under the invitation to tender Community market. The product shall be loaded for must be made in favour of the tenderer offering the departure from any Community port. best terms ; 3 . The invitation to tender provided, for in para­ Whereas, should force majeure make it impossible to graph 1 is for supply of products delivered cif that is complete the operation in question within the time to say, actually placed in lighter of the port of Moga­ discio . limits specified, it must be made clear who is to bear the liability for any resulting costs ; 4. The successful tenderer shall deliver the product Whereas provision should be made for security to be specified in paragraph 1 in new jute sacks of a net given for the purpose of guaranteeing that the obliga­ capacity of 50 kilogrammes. The following shall be printed on the sacks : (!) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 306, 26 . 11 . 1975, p. 3 . » (4) OJ No 106, 30 . 10. 1962, p. 2553/62. P) OJ No L 281 , 1 . 11 . 1975, p. 89 . (5) OJ No L 263, 19 . 9 . 1973, p. 1 .

No L 39/ 14 Official Journal of the European Communities 14. 2 . 76

'Durum Wheat — gift of the European Community — in the case of the successful tenderer for quantities — to be distributed free of charge.' not supplied by reason of force majeure.

2. The security required under paragraph 1 may be Article 2 provided in the form of a cash deposit or of a guarantee issued by a credit institution conforming to 1 . The decision on tenders received in response to the criteria laid down by each Member State . the invitation provided for in Article 1 shall be taken on 1 March 1976 . Article 6 2. The closing date for the receipt of tenders shall be 1 March 1976 at 12 noon . The product referred to in Article 1 which is to be 3 . The notice of invitation to tender shall be supplied for human consumption to ' the Democratic Republic of Somalia must be of fair and sound published in the Official Journal of the European merchantable quality, be free from odour, and corres­ Communities not less than nine days before the pond at least to the standard quality for which the closing date for submission of tenders. intervention price is fixed.

Article 3 Article 7 1 . The prices offered must be expressed in the currency of the Member State in which the invitation 1 . The Italian intervention agency shall be respon­ to tender was issued . sible for organizing the invitation to tender provided for by this Regulation . 2. The rates used for converting into units of account those offers made in national currencies shall 2. It shall forthwith communicate to the Commis­ be : sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, — the central rate in cases where the relevant together with the name and business name of the currency is held at any given moment within a successful tenderer. band of 2-25 % , — in other cases the average spot exchange rate 3 . Where the customs export formalities for the during the period from Wednesday of one week to mobilized product are completed in a Member State Tuesday of the following week and which immedi­ other than that in which the invitation to tender is ately precedes the time limit for the submission of issued, the intervention agency of the latter Member offers . State shall be responsible for the operations following tendering, including payment to the successful tenderer. Article 4 In such case, the intervention agency choosing the The contract shall be awarded to the tenderer offering successful tenderer shall immediately inform the inter­ the best terjns, taking into consideration the adjust­ vention agency of the Member State concerned and ment referred to in Article 3 (3). shall supply it with all the information which it may However, if the tenders submitted do not appear to require . reflect normal market prices and costs, the interven­ Furthermore, the amount of the successful tender tion agency may cancel the invitation to tender. shall be paid after it has been converted using the average of the spot rates referred to in the second Article 5 subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations 1 . The tenderer shall give security in an amount of relating to the tendering are completed. five units of account per metric ton of goods. 4. The intervention agency shall ask that the It shall be released : tenderer specifies the following information : — in the case of all tenderers whose tenders are (a) after each shipment, a statement giving details of unsuccessful or are not accepted, the quantities loaded, the quality of the products — in the case of the successful tenderer, when the and the type of packing ; operations concerned have been carried out within (b) the date of the departure of the ships, the esti­ the prescribed time limit and on submission of mated date of arrival of the products at their desti­ the original export licence duly granted and nation ; endorsed by the competent authorities of the Member State mentioned in the tender pursuant (c) all possible contingencies which might occur to Article 3 (2), during transportation of the products.

14 . 2 . 76 Official Journal of the European Communities No L 39/ 15

The information indicated above shall be forwarded shall send as soon as possible to the latter the informa­ by the intervention agency to the Commission imme­ tion necessary for releasing the security. diately upon receipt. Article 8 5. When the intervention agency responsible for This Regulation shall enter into force on the day of its the operations relating to tendering is not the interven­ publication in the Official Journal of the European tion agency which appoints the successful tenderer, it Communities.

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

Done at Brussels, 13 February 1976. For the Commission

P. J. LARDINOIS Member of the Commission