CELEX: 31974R3153
Language: en
Date: 1974-12-13 00:00:00
Title: 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 aid for the Democratic Republic of Somalia

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/
67/ EEC (') of 13 June 1967 on the common organiza­               Whereas the Commission must be informed quickly
tion of the market in cereals, as last amended by Regu­           of the tenders submitted in response to the invitation
lation (EEC) No 1 996/74 (2) ;                                    and of those accepted by the intervention agency ;
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
Whereas the invitation to tender opened in the                    Democratic Republic of Somalia by way of Commu­
Community under Commission Regulation ( EEC) No                   nity action , of 1 649 metric tons of common wheat
                                                                  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
must be made in favour of the tenderer offering the               lighterage costs.
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 .
 ---pagebreak--- 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
shall be 30 December 1974 at 12 noon .                                                   Article 6
 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
                          A rticle 3
                                                                sion the list of firms which have responded to the invi­
                                                                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
 costs, the intervention agency may cancel the invita­          3.     On the other hand, if the successful tenderer is
 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
  1 . The successful tenderer shall give security of a          for the operations relating to the tendering.
 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 ;
  — protein content : 10-5 % minimum (N x 6-25 on               The intervention agency shall transmit the informa­
       dry matter) ;                                             tion provided for to the Commission as soon as it is
                                                                 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,
 ---pagebreak--- 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