CELEX: 31974R2399
Language: en
Date: 1974-09-20
Title: Regulation (EEC) No 2399/74 of the Commission of 20 September 1974 opening an invitation to tender for the mobilization of common wheat flour as food aid for the Democratic Republic of Somalia

21 . 9 . 74                               Official Journal of the European Communities                           No L 256/7
                               REGULATION (EEC) No 2399/74 OF THE COMMISSION
                                                       of 20 September 1974
               opening a 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 ;
Having regard to Council Regulation No 120/                          Whereas provision should be made for security to be
67/ EEC (') of 13 June 1967 on the common organiza­                  given for the purpose of guaranteeing that the obliga­
tion of the market in cereals, as last amended by Regu­              tions arising by virtue of participation in the invita­
lation (EEC) No 1996/74 (2);                                         tion to tender for supplies to the Democratic Republic
                                                                     of Somalia will be fulfilled ;
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 Italian intervention agency should be
in particular Article 6 thereof ;                                    made responsible for the tendering procedure ;
Having regard to Council Regulation (EEC) No
974/71 (4) of 12 May 1971 covering certain measures
of conjunctural policy to be taken in the agricultural               Whereas the Commission must be informed quickly
sector following the temporary widening of the                       of the tenders submitted in response to the invitation
margins of fluctuation in the currencies of certain                  and of those accepted by the intervention agency ;
Member States, as last amended by Regulation (EEC)
 No 3450/73 (5), and in particular Article 6 ( 1 ) thereof ;
                                                                     Whereas the prices of soft wheat flour on the world
Whereas on 14 May 1973, the Council of the Euro­                     market exceed at this time to a marked extent the
 pean Communities declared that it proposed , by way                 prices ruling in the Community for that product ;
of Community action , to grant the equivalent of 4 000               whereas on the basis of data currently available no
 metric tons of common wheat (in other words 2 649                    immediate change in this position is to be foreseen ;
 metric tons of common wheat flour) to the Democ­                    whereas under these conditions tenderers can reason­
 ratic Republic of Somalia under its 1972/73 food aid                ably expect that at the time of delivery of the products
 programme ;                                                         in the tender no monetary compensatory amount will
                                                                     be applied to the export by virtue of Article 4a (2) of
                                                                      Regulation (EEC) No 974/71 ; whereas however the
 Whereas pursuant to Article 3 (3) of Council Regula­                 Commission has proposed to the Council the suppres­
 tion ( EEC) No 1693/72 the goods may be purchased                   sion of Article 4a (2) aforesaid ; whereas this measure
 anywhere on the Community market ;                                  will have the effect of applying under all circum­
                                                                      stances the monetary compensatory amount for tran­
 Whereas the proposed invitation to tender should be                 sactions with Member States with depreciated curren­
 for supply of the products delivered cif, that is at the             cies and in particular the levying of this amount on
 moment when the goods are actually removed from                     exports ; whereas in order not to hinder the execution
 the ship's hold at the port of unloading ;                           of this present food aid it is expedient to provide that
                                                                      any compensatory amount that might be applied
                                                                      following the suppression of Article 4a (2) aforesaid
 Whereas the award under the invitation to tender                     shall not be levied for the products to be delivered by
 must be made in favour of the tenderer offering the                  virtue of this present invitation to tender ;
 best terms ;
 (•)  OJ No  117, 19 . 6 . 1967, p . 2269/ 67.
 0    OJ No  L 209 , 31 . 7 . 1974, p. 1 .
 (3 ) OJ No  L 178 , 5 . 8 . 1972, p. 3 .                             Whereas the measures provided for in this Regulation
 (4 ) OJ No  L 106, 12. 5 . 1971 , p. 1 .                             are in accordance with the Opinion of the Manage­
 (5 ) OJ No  L 353 , 22 . 12. 1973 , p . 25 .                         ment Committee for Cereals,
 ---pagebreak--- No L 256/ 8                        Official Journal of the European Communities                              21 . 9 . 74
HAS ADOPTED THIS REGULATION :                                 rity is intended to guarantee that the operations speci­
                                                              fied in Article 1 are duly completed. The security
                        Article 1                             shall be forfeit if those operations are not carried out
                                                             within the prescribed time limit, save as regards quan­
1 . Tenders are hereby invited for the supply to the          tities not delivered owing to force majeure.
Democratic Republic of Somalia by way of Commu­
nity action, of 2 649 metric tons of common wheat             2. The security provided for in paragraph 1 may be
flour.                                                       given in the form of a cash deposit or of a guarantee
                                                              issued by a credit institution conforming to the
2. The tendering procedure shall take place in Italy          criteria laid down by the Member State.
in two lots. The product shall be mobilized on the
market. The products shall be loaded for departure
from a Community port.                                                                 Article 5
3 . The invitation to tender provided for in para­            1.     The common wheat flour Teferred to in Article 1
graph 1 is for supply of products delivered cif, that is      to be supplied to the Democratic Republic of Somalia
at the moment when the goods are actually removed
                                                              must meet the following requirements :
from the ship's hold at the port of unloading!
                                                              — moisture : 1 2 % maximum ;
The recipient country shall bear all costs subsequent
to delivery of the goods, including unloading costs           — protein content : 10-5 % minimum (N x 6-25 on
(such as unstowing, hoisting and reception) and any                dry matter) ;
lighterage costs.                                             — ash content : 0-52 % maximum referred to dry
                                                                   matter .
Any demurrage costs or dispatch money at the port of
unloading shall be a charge on or for the benefit of          Flour not meeting these requirements shall be
the recipient country. The rates and detailed arrange­        refused .
ments relating thereto laid down in the contract bet­
ween the authorized agent of the Community and the            2.     Tenders for supply to the Democratic Republic
carrier must have been agreed upon in advance by the          of Somalia of the common wheat flour referred to in
authorized agent and the receiving agent of the recip­        Article 1 must relate to a product with the following
ient country.                                                 characteristics :
4. The successful tenderer shall deliver the product          — moisture : 1 2 % maximum ;
specified in paragraph 1 cif to the ports listed in the       — protein content : 10-5 % minimum (N x 6-25 on
Annex in new cotton sacks, having a net capacity of                dry matter) ;
 50 kilogrammes.                                              — ash content : 0-52 % maximum referred to dry
                                                                   matter.
The following shall be printed on the sacks :
'Wheat flour — gift of the European Community'.
                                                                                       Article 6
                        Article 2
                                                               1 . The Italian intervention agency shall be respon­
 1 . The decision on tenders received in response to          sible for the operations relating to the invitation to
 the invitation provided for in Article 1 shall be taken
 on 4 October 1974.
                                                               tender provided for by this Regulation .
 2.    The closing date for the submission of tenders          2.    It shall forthwith communicate to the Commis­
 shall be 4 October 1974 at 12 noon .                          sion the list of firms which have responded to the invi­
                                                               tation to tender, specifying the terms of each tender,
 3.    The   notice  of invitation  to  tender shall  be
                                                               together with the name and business name of the
 published in the Official Journal of the European             successful tenderer.
 Communities not less than nine days before the
 closing date for the submission of tenders.                   3.    On the other hand, if the successful tenderer is
                                                               established in a Member State other than the one
                        Article 3
                                                               collecting the tenders, and if the product is dispatched
The contract shall be awarded to the tenderer offering         through a frontier post of the Member State where the
 the best terms . However, if the tenders submitted do         successful tenderer is established, the intervention
 not appear to correspond to normal market prices and          agency of the latter Member State shall be responsible
 costs, the intervention agency may cancel the invita­         for the operations relating to the tendering.
 tion to tender.
                                                               In this case, the intervention agency choosing the
                        Article 4                              successful tenderer shall immediately inform the inter­
                                                               vention agency of the Member State concerned and
 1 . The successful tenderer shall give security of a          shall supply it with all the information which it may
value of 10 units of account per metric ton ; the secu­        require.
 ---pagebreak--- 21 . 9 . 74                         Official Journal of the European Communities                            No L 256/9
4. The intervention agency shall ask that the                  successful tenderer, acting as agent for the Commu­
tenderer specifies the following information :                 nity, by the agent of the recipient country or, in the
(a) after each shipment, a statement giving details of         absence of the latter, by the intervention agency of the
     the quantities loaded, the quality of the products        Member State in whose territory the port of shipment
                                                               is situated .
     and their packaging ;
(b) the date of the departure of the ships, the expected
     date of arrival of the products at their destination ;                             Article 8
(c) all possible contingencies which might occur
     during transportation of the products.                    The monetary compensatory amount shall not be
                                                               levied for the products to be delivered under this
The intervention agency shall transmit the informa­            Regulation .
tion provided for to the Commission as soon as it is
received .
                                                                                        Article 9
                          Article 7
                                                               This Regulation shall enter into force on the day of its
On delivery of the goods at the port of shipment, a            publication in the Official Journal of the European
handing-over certificate shall be supplied to the              Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 20 September 1974.
                                                                         For the Commission
                                                                              The President
                                                                        Francois-Xavier ORTOLI
                                                         ANNEX
               Number of lot        Port of unloading       Minimum rate of unloading    Metric tonnage cif
                     1         Berbera                                                          1 000
                                                              Customs of the port
                     2         Mogadiscio                                                      1 649