31978R2960

16 . 12 . 78 Official Journal of the European Communities No L 352/ 17

COMMISSION REGULATION ( EEC) No 2960/78 of 15 December 1978 opening an invitation to tender for the mobilization of common wheat flour as food aid for Somalia

THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES, given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ; Having regard to the Treaty establishing the European Economic Community, Whereas the Italian intervention agency should be made responsible for the tendering procedure ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ Whereas the Commission must be informed quickly tion of the market in cereals ( ! ), as last amended by of the tenders submitted in response to the invitation Regulation (EEC) No 1254/78 (2), and of those accepted by the intervention agency ;

Having regard to Council Regulation (EEC) No Whereas the Monetary Committee will be consulted ; 2750/75 of 29 October 1975 laying down the condi­ whereas, in view of the urgency, the measures envis­ tions for the mobilization of cereals as food aid (3), and aged should be adopted in accordance with the condi­ in particular Article 6 thereof, tions laid down in Article 3 (2) of Council Regulation No 129 on the value of the unit of account and the exchange rates to be applied for the purposes of the Whereas on 30 January 1978 the Council of the Euro­ common agricultural policy (4), as last amended by pean Communities declared that it proposed, by way Regulation (EEC) No 2543/73 (5), and in particular of Community action, to grant the equivalent of Article 3 thereof ; 11 500 tonnes of common wheat (in other words 7 616 tonnes of common wheat flour) to Somalia under its 1977/78 food-aid programme ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ ment Committee for Cereals , Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ;

HAS ADOPTED THIS REGULATION : Whereas tenders should be invited for the supply of the product to the port of shipment in the vicinity of the vessel, the goods to be set down at the place nomi­ Article 1 nated by the recipient or its agent ;

1 . Tenders are hereby invited for the supply, by Whereas tenders may be submitted by tenderers esta­ blished in any Member State of the Community and way of Community food-aid action to Somalia, of 7 616 tonnes of common wheat flour. rriay relate to products mobilized anywhere within those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure 2. The tendering procedure shall take place in Italy that the tenders are as comparable as possible, account in one lot. The product shall be mobilized on the should be taken of the effect on each tender of the Community market. The product shall be loaded for currency situation in the Member State in which the departure from any Community port. customs export formalities will be completed ; 3 . The product referred to in paragraph 1 is to be Whereas the contract should be awarded to the delivered in new jute sacks of a net capacity of 50 kilo­ tenderer offering the best terms ; grams to the port of shipment in the vicinity of the vessel . The goods must be set down at the place nomi­ nated by the recipient country or its agent, the timing Whereas in case it should be impossible for reasons of of delivery being settled by the tenderer and the recip­ force majeure to complete the operation in question ient country's agent. within the set time limits, it must be made clear who is to bear any costs resulting therefrom ; Minimum weight of the sacks shall be 600 grams. 0 ) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 156, 14. 6 . 1978 , p. 1 . (<) OJ No 106, 30 . 10 . 1962, p . 2553 /62. (3 ) OJ No L 281 , 1 . 11 . 1975, p. 89 . (5 ) OJ No L 263, 19 . 9 . 1973 , p . 1 .

No L 352/ 18 Official Journal of the European Communities 16 . 12 . 78

4. The following shall be printed on the sacks : during a period from the Wednesday of one week to the Tuesday of the following week being the 'Wheat flour / Gift of the European Economic period immediately preceding the closing date for Community to Somalia / For free distribution'. submission of tenders . To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty Article 4 sacks, of the same quality as those containing the goods but with the printing followed by a capital The contract shall be awarded to the tenderer offering letter 'R\ the best terms, taking into consideration the adjust­ ment referred to in Article 3 (3).

Article 2 However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ 1 . The decision on tenders received in response to tion agency may cancel the invitation to tender. the invitation provided for in Article 1 shall be taken on 4 January 1979 . Article 5 2. The closing date for submission of tenders shall If the tenderer is unable to deliver the goods in be 4 January 1979 at noon . compliance with Article 1 (3) on the date given in the notice of invitation to tender as a result of the late 3 . The notice of invitation to tender shall be availability of the vessels to be used for sea transporta­ published in the Official Journal of the European tion, the resulting costs shall be borne by the interven­ Communities not less than nine days before the tion agency. closing date for submission of tenders.

Article 6 Article 3 1 . The tenderer shall give security of a value of 10 1 . The prices offered must be expressed in the units of account per tonne of goods. currency of the Member State in which the invitation to tender was issued . It shall be released : — in the case of all tenderers whose tenders are 2. Tenders must in particular mention the Member State in which the tenderer, in the event of his being unsuccessful or are not accepted, declared successful, expects to complete the customs — in the case of the successful tenderer, when the export formalities for the products concerned. operations concerned have been carried out within the prescribed time limit and on submission of 3. For the purpose of rendering the tenders compar­ the original export licence duly granted and able, the prices shall be corrected by the monetary endorsed by the competent authorities of the compensatory amount applicable on the closing date Member State mentioned in the tender pursuant for submission of tenders to exports from the to Article 3 (2), Member State mentioned in the tender pursuant to — in the case of the successful tenderer for quantities paragraph 2. not supplied by reason of force majeure. Such correction shall be made by : 2. The security required under paragraph 1 may be — increasing prices which mention a Member State provided in the form of a cash deposit or of a whose currency has depreciated or a new Member guarantee issued by a credit institution conforming to State, criteria laid down by each Member State . — reducing prices which mention a Member State whose currency has been revalued . Article 7

The monetary compensatory amount shall , where 1 . The common wheat flour referred to in Article 1 appropriate, be converted into the currency of the to be supplied to Somalia must meet the following Member State in which the invitation to tender is requirements : issued using : — moisture : 14% maximum , — in the case when the currencies concerned are — protein content : 10-5 % minimum (N x 6-25 on kept at any given moment within a band of dry matter), 2-25 % a conversion rate resulting from their — ash content : 0-52 % maximum referred to dry central rate, matter. — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member Flour not meeting these requirements shall be State in which the invitation to tender is issued refused .

16 . 12. 78 No L 352/ 19 Official Journal of the European Communities

2. Tenders for supply to Somalia of the common average of the spot rates referred to in the second wheat flour referred to in Article 1 must be relate to a subparagraph of Article 3 (3) to the tenderer in the product with the following characteristics : currency of the Member State in which the operations relating to the tendering are completed. — moisture : 14 % maximum, — protein content : 10-5 % minimum (N x 6-25 on 4. The intervention agency shall request the dry matter), successful tenderer to supply the following informa­ tion : — ash content : 0*52 % maximum referred to dry matter . (a) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; Article 8 (b) the date of departure of the vessels. 1 . The Italian intervention agency shall be respon­ The information indicated above shall be forwarded sible for the operations relating to the invitation to by the intervention agency to the Commission imme­ tender provided for by this Regulation . diately upon receipt.

2 . It shall forthwith communicate to the Commis­ 5. When the intervention agency responsible for sion the list of firms which have responded to the invi­ the operations relating to tendering is not the interven­ tation to tender, specifying the terms of each tender, tion agency which appoints the successful tenderer, it together with the name and business name of the shall send as soon as possible to the latter the informa­ successful tenderer. tion necessary for releasing the security. 3. Where the customs export formalities for the Article 9 mobilized product are completed in a Member State other than that in which the invitation to tender is On delivery of the goods at the port of shipment, a issued, the intervention agency of the latter Member handing-over certificate shall be supplied to the State shall be responsible for the operations following successful tenderer, acting as agent for the Commu­ tendering, including payment to the successful nity, by the agent of the recipient country, or in the tenderer. absence of the latter by the intervention agency of the Member State in whose territory the port of shipment In this case, the intervention agency choosing the is situated . successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and Article 10 shall supply it with all the information which it may require. This Regulation shall enter into force on the day of its Furthermore, the amount of the successful tender publication in the Official Journal of the European Communities. shall be paid after it has been converted using the

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

Done at Brussels, 15 December 1978 .

For the Commission

Finn GUNDELACH Vice-President