CELEX: 31977R1244
Language: en
Date: 1977-06-10 00:00:00
Title: 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

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
 Having regard to Council Regulation (EEC) No                        and of those accepted by the intervention agency ;
 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
 for supply of the products delivered in the ship's hold             1 . Tenders are hereby invited for the supply to the
 at the port of unloading ;                                          Democratic Republic of Somalia, by way of Commu­
                                                                     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 .
 ---pagebreak--- 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
'Wheat flour — Gift of the European Economic                       State in which the invitation to tender is issued
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
successful tenderer shall supply 2 % of new empty                  submission of tenders .
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
on 24 June 1977.                                               reflect normal market prices and costs, the interven­
                                                               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
currency of the Member State in which the invitation               operations concerned have been carried out within
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
declared successful, expects to complete the customs               to Article 3 (2),
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
     whose currency has been revalued.                             dry matter),
                                                               — 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 .
 ---pagebreak--- 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 :
                         Article 7
                                                              (a) after each shipment, a statement giving details of
                                                                  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,
together with the name and business name of the               The intervention agency shall transmit the informa­
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