31977R1244
11 . 6 . 77 Official Journal of the European Communities No L 144/ 11
COMMISSION REGULATION ( EEC) No 1244/77 of 10 June 1977 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 Italian intervention agency should be COMMUNITIES , made responsible for the tendering procedure ; Having regard to the Treaty establishing the European Whereas the Commission must be informed quickly Economic Community, of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza Whereas the Monetary Committee will be consulted ; tion of the market in cereals ( ] ), as last amended by whereas, in view of the urgency, the measures envis Regulation (EEC) No 3138/76 (2), aged should be adopted in accordance with the condi Having regard to Council Regulation (EEC) No tions laid down in Article 3 (2) of Council Regulation 2750/75 of 29 October 1975 laying down the condi No 129 on the value of the unit of account and the tions for the mobilization of cereals as food aid (3), and exchange rates to be applied for the purposes of the in particular Article 6 thereof, common agricultural policy (4), as last amended by Regulation (EEC) No 2543/73 (5), and in particular Whereas on 8 February 1977 the Council of the Euro Article 3 thereof ; pean Communities declared that it proposed, by way of Community action, to grant the equivalent of Whereas the measures provided for in this Regulation 15 000 tonnes of common wheat (in other words are in accordance with the opinion of the Manage 9 934 tonnes of common wheat flour) to the Demo ment Committee for Cereals, cratic Republic of Somalia under its 1976/77 food-aid programme ; HAS ADOPTED THIS REGULATION : Whereas pursuant to Article 3 (3) of Council Regula tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ; Article 1 Whereas the proposed invitation to tender should be 1 . Tenders are hereby invited for the supply to the for supply of the products delivered in the ship's hold Democratic Republic of Somalia, by way of Commu at the port of unloading ; nity action , of 9 934 tonnes of common wheat flour. Whereas tenders may be submitted by tenderers esta blished in any Member State of the Community and 2. The tendering procedure shall take place in Italy may relate to products mobilized anywhere within in two lots . The product shall be mobilized on the those Member States ; whereas , in view of the currency Community market. The product shall be loaded for situation in the Member States and in order to ensure departure from any Community port. that the tenders are as comparable as possible , account should be taken of the effect on each tender of the 3 . The invitation to tender provided for in para currency situation in the Member State in which the graph 1 is for supply of products delivered in the customs export formalities will be completed ; ship's hold at the port of unloading (Berbera : 3 000 tonnes ; Mogadishu : 6 934 tonnes). The recipient Whereas the award under the invitation to tender country shall bear all costs subsequent to delivery of must be made in favour of the tenderer offering the the goods, including unloading costs (such as best terms ; unstowing, hoisting and reception) and any lighterage costs . Whereas, should force majeure make it impossible to complete the operation in question within the time Any demurrage costs or dispatch money at the port of limits specified , it must be made clear who is to bear unloading shall be a charge on or for the benefit of the liability for any resulting costs ; the recipient country. The rates and detailed arrange Whereas provision should be made for security to be ments relating thereto laid down in the contract given for the purpose of guaranteeing that the obliga between the authorized agent of the Community and tions arising by virtue of participation in the invita the carrier must have been agreed upon in advance by tion to tender will be fulfilled ; the authorized agent and the receiving agent of the recipient country. (') OJ No L 281 , 1 . 11 . 1975 , p . 1 . (2) OJ No L 354, 24. 12 . 1976, p . 1 . (4) OJ No 106, 30 . 10 . 1962, p . 2553/62. (3 OJ No L 281 , 1 . 1 1 . 1975 , p . 89 . (5 ) OJ No L 263 , 19 . 9 . 1973 , p . 1 .
No L 144/ 12 Official Journal of the European Communities 11 . 6 . 77
4. The successful tenderer shall deliver the product — in the case when the currencies concerned are specified in paragraph 1 in new jute sacks of a net kept at any given moment within a band of capacity of 50 kilograms . 2-25 % , a conversion rate resulting from their central rate, Minimum weight of the sacks shall be 600 grams. The — in the other cases, the average of the spot rates of following shall be printed on the sacks : the currencies concerned recorded in the Member State in which the invitation to tender is issued 'Wheat flour — Gift of the European Economic Community to Somalia'. during a period from the Wednesday of one week to the Tuesday of the following week being the To allow for the possibility of re-bagging, the period immediately preceding the closing date for submission of tenders . successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the goods but with the printing followed by a capital Article 4 letter 'R'. The contract shall be awarded to the tenderer offering Article 2 the best terms, taking into consideration the adjust ment referred to in Article 3 (3). 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven on 24 June 1977. tion agency may cancel the invitation to tender. 2. The closing date for the submission of tenders shall be 24 June 1977 at 12 noon . Article 5 i 3 . The notice of invitation to tender shall be 1 . The tenderer shall give security in an amount of published in the Official Journal of the European 10 units of account per tonne of goods. Communities not less than nine days before the closing date for the submission of tenders. It shall be released :
— in the case of all tenderers whose tenders are Article 3 unsuccessful or are not accepted, — 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 to tender was issued . the prescribed time limit and on submission of the original export licence duly granted and 2. Tenders must in particular mention the Member endorsed by the competent authorities of the State in which the tenderer, in the event of his being Member State mentioned in the tender pursuant to Article 3 (2), declared successful, expects to complete the customs export formalities for the products concerned. — in the case of the successful tenderer for quantities not supplied by reason of force majeure. 3. For the purpose of rendering the tenders compar able, the prices shall, where appropriate, be corrected 2. The security required under paragraph 1 may be by the monetary compensatory amount and the acces provided in the form of a cash deposit or of a sion compensatory amount applicable on the closing guarantee issued by a credit institution conforming to date for submission of tenders to exports from the criteria laid down by each Member State. Member State mentioned in the tender to exports from the Member State mentioned in the tender Article 6 pursuant to paragraph 2.
1 . The common wheat flour referred to in Article 1 Such correction shall be made by : to be supplied to Somalia must meet the following — increasing prices which mention a Member State requirements : whose currency has depreciated or a new Member State, — moisture : 1 5 % maximum, — reducing prices which mention a Member State — protein content : 10-5 % minimum (N x 6-25 on dry matter), whose currency has been revalued. — ash content : 0-52 % maximum referred to dry The monetary compensatory amount shall, where matter . appropriate, be converted into the currency of the Member State in which the invitation to tender is Flour not meeting these requirements shall be issued using : refused .
11 . 6 . 77 Official Journal of the European Communities No L 144/ 13
2. Tenders for supply to Somalia of the common Furthermore, the amount of the successful tender wheat flour referred to in Article 1 must relate to a shall be paid after it has been converted using the product with the following characteristics : average of the spot rates referred to in the second — moisture : 1 5 % maximum , subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations — protein content : 1 0-5 % minimum (N x 6-25 on relating to the tendering are completed. dry matter), — ash content : 0-52 % maximum referred to dry 4. The intervention agency shall ask that the matter. tenderer specifies the following information :
(a) after each shipment, a statement giving details of Article 7 the quantities loaded, the quality of the products 1 . The Italian intervention agency shall be respon and their packaging ; sible for the operations relating to the invitation to (b) the date of the departure of the ships, the expected tender provided for by this Regulation . date of arrival of the products at their destination ; 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 intervention agency shall transmit the informa together with the name and business name of the successful tenderer . tion provided for to the . Commission as soon as it is received . 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 Member 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 tion necessary for releasing the security. tenderer .
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 require . Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 10 June 1977. For the Commission
Guido BRUNNER Aiember of the Commission