CELEX: 31975R0761
Language: en
Date: 1975-03-21
Title: 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

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
 tion of the market in cereals, as last amended by Regu­            of Somalia will be fulfilled ;
 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
those Member States ; whereas, in view of the currency                                         Article 1
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 .
 ---pagebreak--- 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).
 1 . The decision on tenders received in response to          However, if the tenders submitted do not appear 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
published in the Official Journal of the European             10 units of account per metric ton of goods.
 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
                         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              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
     whose currency has depreciated,                         to be supplied to the Democratic Republic of Somalia
                                                             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 .
 ---pagebreak--- 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
— moisture : 14 % maximum ,                                    currency of the Member State in which the operations
                                                               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
                         Article 7
                                                                   the quantities loaded, the quality of the products
                                                                   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
require .                                                      Communities.
               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