CELEX: 31974R0815
Language: en
Date: 1974-04-05 00:00:00
Title: Regulation (EEC) No 815/74 of the Commission of 5 April 1974 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Democratic Republic of Somalia

No L 96/ 16                               Official Journal of the European Communities                               6 . 4 . 74
                               REGULATION (EEC) No 815/74 OF THE COMMISSION
                                                          of 5 April 1974
               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 measures provided for in this Regulation
COMMUNITIES,                                                        are in accordance with the Opinion of the Manage­
                                                                     ment Committee for Cereals,
Having regard to the Treaty establishing the European
Economic Community ;
Having regard to Council Regulation No 120/                          HAS ADOPTED THIS REGULATION :
67/EEC ( 1 ) of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 1346/73 (2);                                                                 Article 1
Having regard to Council Regulation (EEC) No                         1 . Tenders are hereby invited for the supply to the
1 693/72 (3) of 3 August 1972 laying down the condi­                 Democratic Republic of Somalia by way of Commu­
tions for the mobilization of cereals as food aid, and               nity action, of 6 623 metric tons of common wheat
in particular Article 6 thereof ;                                    flour.
Whereas on 23 May 1972 the Council of the Euro­
                                                                     2. The tendering procedure shall take place in Italy
pean Communities declared that it proposed, by way                   in two lots. The product shall be mobilized on the
of Community action, to grant the equivalent of
 1 0 000 metric tons of common wheat (in other words
                                                                     Community market. The products shall be loaded for
6 623 metric tons of common wheat flour) to the
                                                                     departure from a Community port.
Democratic Republic of Somalia under its 1971 /72
                                                                     3 . The invitation to tender provided for in para­
food aid programme ;
                                                                     graph 1 is for supply of products delivered cif, that is
Whereas analysis of the state of the Community                       at the moment when the goods are actually removed
cereals market indicates that the criteria of Article                from the ship's hold at the port of unloading.
3(3) of Council Regulation (EEC) No 1693/72 should
be applied and that the product should be purchased                  The recipient country shall bear all costs subsequent
on the Community market ;                                            to delivery of the goods, including unloading costs
                                                                     (such as unstowing, hoisting and reception) and any
Whereas the proposed invitation to tender should be                   lighterage costs.
 for supply of the products delivered cif, that is at the
 moment when the goods are actually removed from                     Any demurrage costs or despatch money at the port of
 the ship's hold at the port of unloading ;                           unloading shall be a charge on or for the benefit of
                                                                      the recipient country. The rates and detailed arrange­
 Whereas the award under the invitation to tender                     ments relating thereto laid down in the contract
 must be made in favour of the tenderer offering the                  between the authorized agent of the Community and
 best terms ; »                                                       the carrier must have been agreed upon in advance by
                                                                      the authorized agent and the receiving agent of the
 Whereas, should force majeure make it impossible to                  recipient country.
 complete the operation in question within the time
 limits specified, it must be made clear who is to bear               4. The successful tenderer shall deliver the product
  the liability for any resulting costs ;                             specified in paragraph 1 cif to the port listed in the
 Whereas provision should be made for security to be                  Annex in new cotton sacks, having a net capacity of
 given for the purpose of guaranteeing that the obliga­               50 kilogrammes.
  tions prising by virtue of participation in the invita­
  tion to tender for supplies to the Democratic Republic              The following shall be printed on the sacks :
  of Somalia will be fulfilled ;                                      'Wheat flour — Gift of the European Community'.
  Whereas the Italian intervention agency should be
  made responsible for the tendering procedure ;                                              Article 2
  Whereas the Commission must be informed quickly
  of the tenders submitted in response to the invitation               1 . The decision on tenders received in response to
  and of those accepted by the intervention agency ;                   the invitation provided for in Article 1 shall be taken
                                                                       on 19 April 1974.
  (■) OJ No 117, 19 . 6. 1967, p. 2269/67 .
  (2) OJ No L 141 , 28 . 5 . 1973, p . 8 .                             2. The closing date for submission of tenders shall
  (3 ) OJ No L 178 , 5 . 8 . 1972, p. 3 .                              be 19 April 1974 at 12 noon.
 ---pagebreak--- 6 . 4 . 74                           Official Journal of the European Communities                            No L 96/ 17
3.      The   notice   of invitation  to  tender shall  be     2.     Tenders for supply to the Democratic Republic
published in the Official Journal of the European              of Somalia of the Common wheat flour referred to in
Communities not less than nine days before the                 Article 1 must relate to a product with the following
closing date for the submission of tenders.                    characteristics :
                                                               — Moisture : 1 2 % maximum,
                          Article 3
                                                               — Protein content : 10-5 % minimum (N 6-25 on
The contract shall be awarded to the tenderer offering              dry matter),
the best terms. However, if the tenders submitted do           — Ash content : 0-52 % maximum referred to dry
                                                                    matter.
not appear to correspond to normal market prices and
costs, the intervention agency may cancel the invita­
tion to tender.                                                                            Article 6
                                                                1 . The Italian intervention agency shall be respon­
                          Article 4
                                                                sible for the operations relating to the invitation to
1 . The successful tenderer shall give security of a            tender provided for by this Regulation.
value of 10 units of account per metric ton ; the secu­         2.     It shall forthwith communicate to the Commis­
rity is intended to guarantee that the operations speci­        sion the list of firms which have responded to the invi­
fied in Article 1 are duly completed. The security              tation to tender, specifying the terms of each tender,
shall be forfeit if those operations are not carried out        together with the name an business name of the
within the prescribed time limit, save as regards quan­         successful tenderer.
tities not delivered owing to force majeure.
                                                                3 . The intervention agency shall ask that the
2. The security provided for in paragraph 1 may be              tenderer specifies the following information :
given in the form of a cash deposit or of a guarantee
issued by a credit institution conforming to the                (a) after each shipment, a statement giving details of
criteria laid down by the Member State.                              the quantities loaded, the quality of the products
                                                                     and their packaging ;
                          Article 5                             (b) the date of the departure of the ships, the expected
                                                                     date of arrival of the products at their destination ;
 1.     The common wheat flour referred to in Article 1         (c) all possible contingencies which might occur
to be supplied to the Democratic Republic of Somalia                 during transportation of the products.
must meet the following requirements :
                                                                The intervention agency shall transmit the informa­
— Moisture : 1 2 % maximum,                                     tion provided for td the Commission as soon as it is
— Protein content : 10-5% minimum (N 6-25 on                     received .
      dry matter),
— Ash content : 0-52 % maximum referred to dry                                             Article 7
      matter.
                                                                This Regulation shall enter into force on the day of its
 Flour not meeting these requirements shall be                   publication in the Official Journal of the European
 refused .                                                       Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 5 April 1974.
                                                                            For the Commission
                                                                                The President
                                                                           Francois-Xavier ORTOLI
 ---pagebreak--- No L 96/ 18                 Official Journal of the European Communities                         6 . 4. 74
                                                ANNEX
            Number of lot    Port of unloading       Minimum rate of unloading     Tonnage çif
                1
                2         j     Mogadishu             Customs of the port
                                                                               3 312 metric tons
                                                                               3 311 metric tons