CELEX: 31976R0316
Language: en
Date: 1976-02-13 00:00:00
Title: Commission Regulation (EEC) No 316/76 of 13 February 1976 opening an invitation to tender for the mobilization of durum wheat as food aid for the Democratic Republic of Somalia

14 . 2 . 76                             Official Journal of the European Communities                          No L 39/ 13
                                  COMMISSION REGULATION (EEC) No 316/76
                                                     of 13 February 1976
              opening an invitation to tender for the mobilization of durum wheat as food aid
                                         for the Democratic Republic of Somalia
THE COMMISSION OF THE EUROPEAN                                     tions arising by virtue of guaranteeing that the obliga­
COMMUNITIES,                                                       tions arising by virtue of participation in the invita­
                                                                   tion to tender for supplies to the Democratic Republic
Having regard to the Treaty establishing the European              of Somalia will be fulfilled ;
Economic Community,
                                                                   Whereas the Italian intervention agency should be
Having regard to Council Regulation (EEC) No                       made respbnsible for the tendering procedure ;
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals (*), as amended by Regula­           Whereas the Commission must be informed quickly
tion (EEC) No 3058/75 (2),                                         of the tenders submitted in response to the invitation
                                                                   and of those accepted by the intervention agency
Having regard to Council Regulation (EEC) No                       agency ;
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and         Whereas the Monetary Committee will be consulted ;
in particular Article 6 thereof,                                   whereas, in view of the urgency, the measures envis­
                                                                   aged should be adopted in accordance with the condi­
Whereas on 17 February 1975 the Council of the                     tions laid down in Article 3 (2) of Council Regulation
European Communities declared that it proposed, by                 No 129 on the value of the unit of account and the
way of Community action, to grant 2 000 metric tons                exchange rates to be applied for the purposes of the
of durum wheat to the Democratic Republic of                       common agricultural policy (4), as last amended by
Somalia under its 1974/75 food-aid programme ;                     Regulation (EEC) No 2543/73 (5), and in particular
                                                                   Article 3 thereof ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased                   Whereas the measures provided for in this Regulation
anywhere on the Community market ;                                 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 delivered cif, that is at the
moment when the goods are actually placed in lighter               HAS ADOPTED THIS REGULATION :
at the port of unloading ;
Whereas in view of the different monetary circum­                                           Article 1
stances in the Member States, the observation of these
conditions is not guaranteed by the application of                 1 . Tenders are hereby invited for the supply to the
exchange rates applicable in the framework of the                  Democratic Republic of Somalia, by way of Commu­
common agricultural policy since monetary compensa­                nity food-aid action, of 2 000 metric tons of durum
tory amounts do not apply for durum wheat ; whereas                wheat.
it is advisable to take account of the monetary situa­
tion as regards different offers ;                                 2. The tendering procedure shall take place in Italy
                                                                   in one lot. The product shall be mobilized on the
Whereas the award under the invitation to tender                   Community market. The product shall be loaded for
must be made in favour of the tenderer offering the                departure from any Community port.
best terms ;
                                                                   3 . The invitation to tender provided, for in para­
Whereas, should force majeure make it impossible to                graph 1 is for supply of products delivered cif that is
complete the operation in question within the time                 to say, actually placed in lighter of the port of Moga­
limits specified, it must be made clear who is to bear             discio .
the liability for any resulting costs ;
                                                                   4. The successful tenderer shall deliver the product
Whereas provision should be made for security to be                specified in paragraph 1 in new jute sacks of a net
given for the purpose of guaranteeing that the obliga­             capacity of 50 kilogrammes. The following shall be
                                                                   printed on the sacks :
(!) OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 306, 26 . 11 . 1975, p. 3 .               »            (4) OJ No 106, 30 . 10. 1962, p. 2553/62.
P) OJ No L 281 , 1 . 11 . 1975, p. 89 .                            (5) OJ No L 263, 19 . 9 . 1973, p. 1 .
 ---pagebreak--- No L 39/ 14                          Official Journal of the European Communities                              14. 2. 76
'Durum Wheat — gift of the European Community                   — in the case of the successful tenderer for quantities
— to be distributed free of charge.'                                 not supplied by reason of force majeure.
                                                                2. The security required under paragraph 1 may be
                          Article 2
                                                                provided in the form of a cash deposit or of a
 1 . The decision on tenders received in response to            guarantee issued by a credit institution conforming to
                                                                the criteria laid down by each Member State.
the invitation provided for in Article 1 shall be taken
on 1 March 1976.
                                                                                         Article 6
2.     The closing date for the receipt of tenders shall
be 1 March 1976 at 12 noon .
                                                                The product referred to in Article 1 which is to be
3.      The   notice   of invitation  to  tender shall   be     supplied for human consumption to ' the Democratic
published in the Official Journal of the European               Republic of Somalia must be of fair and sound
 Communities not less than nine days before the                 merchantable quality, be free from odour, and corres­
closing date for submission of tenders.                         pond at least to the standard quality for which the
                                                                intervention price is fixed.
                          Article 3
                                                                                         Article 7
 1 . The prices offered must be expressed in the
currency of the Member State in which the invitation            1 . The Italian intervention agency shall be respon­
to tender was issued.                                           sible for organizing the invitation to tender provided
                                                                for by this Regulation .
2.      The rates used for converting into units of
account those offers made in national currencies shall          2.     It shall forthwith communicate to the Commis­
be :                                                            sion the list of firms which have responded to the invi­
— the       central  rate  in  cases  where   the  relevant     tation to tender, specifying the terms of each tender,
      currency is held at any given moment within a             together with the name and business name of the
                                                                successful tenderer.
      band of 2-25 % ,
 — in other cases the average spot exchange rate                3 . Where the customs export formalities for the
      during the period from Wednesday of one week to           mobilized product are completed in a Member State
      Tuesday of the following week and which immedi­           other than that in which the invitation to tender is
      ately precedes the time limit for the submission of       issued, the intervention agency of the latter Member
      offers.                                                   State shall be responsible for the operations following
                                                                tendering, including payment to the successful
                                                                tenderer.
                          Article 4
 The contract shall be awarded to the tenderer offering         In such case, the intervention agency choosing the
 the best terjns, taking into consideration the adjust­         successful tenderer shall immediately inform the inter­
 ment referred to in Article 3 (3).                             vention agency of the Member State concerned and
                                                                shall supply it with all the information which it may
 However, if the tenders submitted do not appear to             require.
 reflect normal market prices and costs, the interven­
 tion agency may cancel the invitation to tender.                Furthermore, the amount of the successful tender
                                                                shall be paid after it has been converted using the
                                                                average of the spot rates referred to in the second
                           Article 5
                                                                subparagraph of Article 3 (3) to the tenderer in the
                                                                currency of the Member State in which the operations
  1 . The tenderer shall give security in an amount of           relating to the tendering are completed.
  five units of account per metric ton of goods.
  It shall be released :                                        4. The intervention agency shall ask that the
                                                                 tenderer specifies the following information :
 — in the case of all tenderers whose tenders are
      unsuccessful or are not accepted,                          (a) after each shipment, a statement giving details of
                                                                     the quantities loaded, the quality of the products
  — in the case of the successful tenderer, when the
                                                                     and the type of packing ;
      operations concerned have been carried out within
      the prescribed time limit and on submission of             (b) the date of the departure of the ships, the esti­
      the original export licence duly granted and                   mated date of arrival of the products at their desti­
      endorsed by the competent authorities of the                   nation ;
      Member State mentioned in the tender pursuant              (c) all possible contingencies which might occur
      to Article 3 (2),                                              during transportation of the products.
 ---pagebreak--- 14. 2. 76                          Official Journal of the European Communities                            No L 39/ 15
The information indicated above shall be forwarded            shall send as soon as possible to the latter the informa­
by the intervention agency to the Commission imme­            tion necessary for releasing the security.
diately upon receipt.                                                                Article 8
5. When the intervention agency responsible for              This Regulation shall enter into force on the day of its
the operations relating to tendering is not the interven­     publication in the Official Journal of the European
tion agency which appoints the successful tenderer, it        Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 13 February 1976.
                                                                       For the Commission
                                                                          P. J. LARDINOIS
                                                                    Member of the Commission