CELEX: 31975R0762
Language: en
Date: 1975-03-21 00:00:00
Title: Regulation (EEC) No 762/75 of the Commission of 21 March 1975 opening an invitation to tender for the mobilization of milled rice as food aid for the Democratic Republic of Somalia

No L 76/ 20                              Official Journal of the European Communities                                 25 . 3 . 75
                             REGULATION ( EEC) No 762/75 OF THE COMMISSION
                                                        of 21 March 1975
               opening an invitation to tender for the mobilization of milled rice as food aid
                                          for the Democratic Republic of Somalia
THE COMMISSION OF THE EUROPEAN                                     Whereas provision should be made for security to be
COMMUNITIES,                                                       given for the purpose of guaranteeing that the obliga­
                                                                    tion arising by virtue of participation in the invitation
Having regard to the Treaty establishing the European               to tender for supplies to the Democratic Republic of
Economic Community ;                                                Somalia will be fulfilled ;
Having regard to Council Regulation No 359/                         Whereas the Italian intervention agency should be
67/ EEC (') of 25 July 1967 on the common organiza­                 made responsible for the tendering procedure ;
tion of the market in rice, as last amended by Regula­
tion ( EEC) No 476/75 (2) ;                                         Whereas the Commission must be informed quickly
                                                                    of the tenders submitted in response to the invitation
Having regard to Council Regulation ( EEC) No                       and of those accepted by the intervention agency ;
1 693/72 (3 ) of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid , 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 the equivalent of                exchange rates to be applied for the purposes of the
7 500 metric tons of husked rice (in other words,                   common agricultural policy, as last amended by Regu­
5 813 metric tons of round grain milled rice) to the                lation ( EEC) No 2543 /73 (5), and in particular Article
Democratic Republic of Somalia under its 1974/75                    3 thereof ;
food-aid programme ;
                                                                    Whereas the measures provided for in this Regulation
Whereas pursuant to Article 3 (3) of Council Regula­                are in accordance with the Opinion of the Manage­
tion ( EEC) No 1693 /72 the goods may be purchased                  ment Committee for Cereals ,
anywhere on the Community market ;
Whereas the proposed invitation to tender should be
for supply of the products cif, that is to say actually              HAS ADOPTED THIS REGULATION :
placed on the quay 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
exchange rates applicable in the framework of the                    1 . Tenders are hereby invited for the supply to the
common agricultural policy since monetary compensa­                  Democratic Republic of Somalia, by way of Commu­
tory amounts do not apply in the rice sector ; whereas              nity food-aid action , of 5 813 metric tons of round
it is advisable to take account of the monetary situa­              grain milled rice .
tion as regards different offers ;
                                                                    2.      The tendering procedure shall take place in Italy
Whereas the award under the invitation to tender                     in one lot. The product shall be mobilized on the
must be made to the tenderer offering the best terms ;              Community market. The product shall be loaded for
                                                                    departure from any Community port .
Whereas, should force nnijeure make it impossible to
complete the operation in question within the time                  3 . The invitation to tender provided for in para­
limits specified, it must be made clear who is to bear              graph 1 is for supply of products delivered cif that is
the liability for any resulting costs ;                             to say, actually placed on the quay in the port of
                                                                    unloading.
(') OJ No 174, 31 . 7 . 1967, p . 1 .
\2) OJ No L 52, 28 . 2. 1975, p. 31 .                               (■4 ) OJ No 106 , 30 . 10 . 1962, p . 2553 / 62 .
(3 ) OJ No L 178 , 5 . 8 . 1972, p . 3 .                            (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- 25 . 3 . 75                           Official Journal of the European Communities                          No L 76/ 21
4.     The successful tenderer shall deliver the product                                  Article 6
specified in paragraph 1 cif to the port of Berbera in
new jute sacks of a net capacity of 50 kilogrammes.              1 . The round grain milled rice referred to in Article
                                                                 1 to be supplied to the Democratic R public M
The following shall be printed on the sacks :                    Somalia must meet the following requirements :
'Milled rice — gift of the European Community — to               — moisture : 15 % ,
be distributed free of charge'.                                  — broken rice : 5 % maximum ,
                                                                 —    chalky grains : 3 % maximum ,
                           Article 2                             —    grains striated with red : 3 % maximum ,
 1 . The decision on tenders received in response to             —    spotted grains : 1 % maximum ,
the invitation provided for in Article 1 shall be taken          —    stained grains : 0-50 % maximum ,
on 8 April 1975.                                                 —    yellow grains : 0-050 % ,
                                                                 —    amber grains : 0-125 % maximum .
2.      The closing date for the receipt of tenders shall
be 8 April 1975 at 12 noon .                                     Rice not meeting these requirements shall be refused .
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 round grain milled rice referred to
 Communities not less than nine days before the                  in Article 1 must relate to a product with the
closing date for submission of tenders .                         following characteristics :
                           Article J
                                                                 — moisture : 1 5 % ,
                                                                 — broken rice : 5 % maximum ,
 1 . The prices offered must be expressed in the                 —    chalky grains : 3 % maximum ,
currency of the Member State in which the invitation             —    grains striated with red : 3 % maximum ,
to tender was issued .                                           —    spotted grains : 1 % maximum ,
                                                                 —    stained grains : 0-5 % maximum ,
 2.     The rates used for converting into units of              —    yellow grains : 0-050 % maximum ,
 account those offers made in national currencies shall
                                                                 —    amber grains : 0-125% maximum .
be :
— the       central   rate  in  cases  where   the  relevant
                                                                                           Article 7
      currency is held at any given moment within a
      band of 2-25 % ,
                                                                  1 . The Italian intervention agency shall be respon­
 — in other cases the average spot exchange rate                 sible for organizing the invitation to tender provided
      during the period from Wednesday of one week to            for by this Regulation .
      Tuesday of the following week and which immedi­
      ately precedes the time limit for the submission of        2.     It shall forthwith communicate to the Commis­
      offers .                                                   sion the list of firms which have responded to the invi­
                                                                 tation to tender, specifying the terms of each tender,
                           Article 4                             together with the name and business name of the
                                                                 successful tenderer.
 The contract shall be awarded to the tenderer offering
 the best terms .
                                                                 3.     Where the customs export formalities for the
 However, if the tenders submitted do not appear to               mobilized product are completed in a Member State
                                                                 other than that in which the invitation to tender is
 reflect normal market prices and costs, the interven­
 tion agency may cancel the invitation to tender.                issued , the intervention agency of the latter Member
                                                                 State shall be responsible for the operations following
                           Article 5
                                                                 tendering, including payment to the successful ten­
                                                                 derer.
  1 . The tenderer shall give security of a value of 10
 units of account per metric ton of the product ; for             In such case, the intervention agency choosing the
 the successful tenderer the security is intended to             successful tenderer shall immediately inform the inter­
 guarantee that the operations specified in Article 1 are        vention agency of the Member State concerned and
 duly completed . The security shall be forfeited if those        shall supply it with all the information which it may
 operations are not carried out within the prescribed             require .
 time limit, save as regards quantities not delivered
                                                                  Furthermore , the amount of the successful tender
 owing to force majeure.
                                                                  shall be paid after it has been converted using the
 2 . The security required under paragraph 1 may be               average of the spot rates referred to in the second
 provided in the form of a cash deposit or of a                   subparagraph of Article 3 (2) to the tenderer in the
 guarantee issued by a credit institution conforming to           currency of the Member State in which the operations
 criteria laid down by each Member State .                        relating to the tendering are completed .
 ---pagebreak--- No L 76/22                        Official Journal of the European Communities                               25 . 3 . 75
4. The intervention agency shall request the                 5 . When the intervention agency responsible for
successful tenderer to supply the following informa­         the operations relating to tendering is not the interven­
tion :                                                       tion agency which appoints the successful tenderer, it
(a) after each shipment, a statement giving details of       shall send as soon as possible to the latter the informa­
    the quantities loaded, the quality of the products       tion necessary for releasing the security.
    and the type of packing ;
(b) the date of the departure of the ships ; the esti­
    mated date of arrival of the products at their desti­
    nation ;
                                                                                     Article 8
(c) all possible contingencies which might occur
    during transportation of the products.
The information indicated above shall be forwarded           This Regulation shall enter into force on the day of its
by the intervention agency to the Commission imme­           publication in the Official Journal of the European
diately upon receipt.                                        Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 21 March 1975 .
                                                                       For the Commission
                                                                         P.J. LARDINOIS
                                                                   Member of the Commission