No L 101/44 Official Journal of the European Communities 15. 4. 92 COMMISSION REGULATION (EEC) No 944/92 of 14 April 1992 on the supply of food for infants in Moscow and St Petersburg as urgent aid under Council Regulation (EEC) No 330/92 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 330/92 of 10 February 1992 on urgent action for the supply of agri- cultural products in particular to the people of Moscow and St Petersburg ('), and in particular Article 5 (2) thereof, Having regard to Council Regulation (EEC) No 1676/85 of 11 June 1985 on the value of the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (3), as last amended by Regu- lation (EEC) No 2205/90 (%), and in particular Article 2 (4) thereof, ' Whereas Regulation (EEC) No 330/92 provides for urgent action for the free supply of agricultural products for the people of Moscow and St Petersburg ; whereas those cities have also requested to be supplied with infant food; whereas that request should be granted ; whereas pursuant to Article 2 of that Regulation suppliers are to be selected by invitation to tender; Whereas the conditions governing the submission of tenders for the award of supply contracts and the obliga- tions of the successful tenderers should be determined ; Whereas infant food may be produced using various agri- cultural raw materials ; whereas the rules concerning price support for such raw materials vary according to the product group concerned ; whereas as a consequence. In order to ensure comparability of tenders, account must be taken of the differences in the prices of the agricultural raw materials ; whereas this may be accomplished by deducting the refund granted when such products are exported on commercial terms, in accordance with Council Regulation (EEC) No 3035/80 of 11 November 1980 laying down general rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty and the criteria for fixing such refunds (), as last amended by Regulation (EEC) No 3381/90 (); () OJ No L 36, 13. 2. 1992, p. 1. () OJ No L 164, 24. 6. 1985, p. 1. () OJ No L 201, 31. 7. 1990, p. 9. () OJ No L 323, 29. 11. 1980, p. 27. () OJ No L 327, 27. 11. 1990, p. 4. Whereas, pursuant to Article 2 (5) of Regulation (EEC) No 330/92, the goods delivered do not qualify for export refunds and are not subject to compensatory amounts ; Whereas, for the purposes of determining the supply costs and the securities to be lodged and in order to avoid market distortions of monetary origin, the representative market rates referred to in Article 3a of Commission Regulation (EEC) No 3152/85 of 11 November 1985 laying down detailed rules for the application of Regula- tion (EEC) No 1676/85 on the value of the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (%), as last amended by Regulation (EEC) No 3237/90 ("), should be used ; Whereas provision should be made for the necessary noti- fications to ensure the optimal monitoring of operations until take-over at destination ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee provided for in Article 5 (2) of Council Regulation (EEC) No 598/91, HAS ADOPTED THIS REGULATION : Article 1 1. Pursuant to Regulation (EEC) No 330/92, invitations to tender are hereby opened for the award of contracts for the supply of infant food as specified in Annex 1 and in accordance with the conditions laid down herein. The definition of the supplies as specified in the afore- mentioned Annex shall be subject to amendment on the basis of the tenders submitted in response to individual invitations to tender. ‘ i : 2. Each delivery shall comprise : (a) the manufacture of the goods indicated in Annex II, (b) packaging and marking in accordance with the instructions in Annex II. Packing and market presen- tation shall take place in the manufacturing plant; () OJ No L 310, 21. 11. 1985, p. 1. () OJ No L 310, 9. 11. 1990, p. 18.