CELEX: 31977R1243
Language: en
Date: 1977-06-10 00:00:00
Title: Commission Regulation (EEC) No 1243/77 of 10 June 1977 opening an invitation to tender for the mobilization of milled rice as food aid for the Democratic Republic of Somalia

No L 144/8                            Official Journal of the European Communities                              11 . 6 . 77
                                 COMMISSION REGULATION (EEC) No 1243/77
                                                       of 10 June 1977
              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                                    tion arising by virtue of participation in the invitation
 COMMUNITIES,                                                     to tender for supplies to the Democratic Republic of
                                                                  Somalia will be fulfilled ;
 Having regard to the Treaty establishing the European
 Economic Community,                                              Whereas the Italian intervention agency should be
                                                                  made responsible for the tendering procedure ;
 Having regard to Council Regulation (EEC) No
 1418/76 of 21 June 1976 on the common organiza­                 Whereas the Commission must be informed quickly
tion of the market in rice ( J ),                                 of the tenders submitted in response to the invitation
                                                                  and of those accepted by the intervention agency ;
 Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                Whereas the Monetary Committee will be consulted ;
tions for the mobilization of cereals as food aid (2), and       whereas, in view of the urgency, the measures envis­
in particular Article 6 thereof,                                 aged should be adopted in accordance with the condi­
                                                                 tions laid down in Article 3 (2) of Council Regulation
                                                                  No 129 on the value of the unit of account and the
Whereas on 8 February 1977 the Council of the Euro­
pean Communities declared that it proposed, by way               exchange rates to be applied for the purposes of the
of Community action , to grant the equivalent of 5 000           common agricultural policy (3), as last amended by
tonnes of husked rice (in other words, 3 875 tonnes of            Regulation (EEC) No 2543/73 (4), and in particular
                                                                 Article 3 thereof ;
round grain milled rice) to the Democratic Republic
of Somalia under its 1976/77 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 2750/75 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 delivered in the ship's hold           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 3 875 tonnes of round grain
tory amounts do not apply in the rice sector ; whereas           milled rice .
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 to the tenderer offering the best terms ;           departure from any Community port.
Whereas, should force majeure make it impossible to              3 . The invitation to tender provided for in para­
complete the operation in question within the time               graph 1 is for supply of products delivered in the
limits specified, it must be made clear who is to bear           ship's hold at the port of Berbera. The recipient
the liability for any resulting costs ;                          country shall bear all costs subsequent to delivery of
                                                                 the goods, including unloading costs (such as
Whereas provision should be made for security to be              unstowing, hoisting and reception) and any lighterage
given for the purpose of guaranteeing that the obliga­           costs .
(') OJ No L 166, 25 . 6. 1976, p . 1 .                           (3 ) OJ No 106, 30 . 10 . 1962, p. 2553/62.
(2 OJ No L 281 , 1 . 11 . 1975, p. 89 .                          (4) OJ No L 263 , 19 . 9 . 1973, p. 1 .
 ---pagebreak---  11 . 6 . 77                           Official Journal of the European Communities                           No L 144/9
4.       The successful tenderer shall deliver the product        intervention agency may cancel the invitation to
specified in paragraph 1 in new jute sacks of a net               tender.
capacity of 50 kilograms.
Minimum weight of the sacks shall be 600 grams. The                                         Article 5
following shall be printed on the sacks :
                                                                  1 . The successful tenderer shall give security of a
'Rice — Gift of the European Economic Community
to Somalia'.                                                     value of 10 units of account per tonne ; the security is
                                                                  intended to guarantee that the operations specified in
To allow for the possibility of re-bagging, the                  Article 1 are duly completed . The security shall be
successful tenderer shall supply 2 % of new empty                 forfeit if . those operations are not carried out within
sacks, of the same quality as those containing the                the prescribed time limit, save as regards quantities,
goods but with the printing followed by a capital                 not delivered owing to force majeure.
letter ' R'.
                                                                  2. The security provided for in paragraph 1 may be
                                                                 given in the form of a cash deposit or of a guarantee
                            Article 2                             issued by a credit institution conforming to the
                                                                  criteria laid down by the Member State .
 1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken
on 27 June 1977.                                                                            Article 6
2. The closing date for the submission of tenders                 1 . The round grain milled rice referred to in Article
shall be 27 June 19 77 at 12 noon .                               1 to be supplied to the Democratic Republic of
                                                                  Somalia must meet the following requirements :
3.      The     notice   of invitation  to  tender  shall  be
published in the Official Journal of the European                — moisture : 15 % ,
Communities not less than nine days before the                   — broken rice : 5 % maximum ,
closing date for the submission of tenders.                      —    chalky grains : 5 % maximum ,
                                                                 —    grains striated with red : 3 % maximum ,
                                                                 —     spotted grains : 1-5% maximum ,
                            Article 3
                                                                 —    stained grains : 1 % maximum,
                                                                 —    yellow grains : 0-050 % maximum ,
1 . The prices offered must be expressed in the                  —    amber grains : 0-20 % maximum .
currency of the Member State in which the invitation
to tender was issued .
                                                                  Rice not meeting these requirements shall be refused .
2.      For the purpose of rendering the tenders compar­
able, the prices shall , where appropriate, be corrected          2. Tenders for supply to the Democratic Republic
by the accession compensatory amount applicable on                of Somalia of the round grain milled rice referred to
the closing date for submission of tenders to exports             in Article 1 must relate to a product with the
from the Member State mentioned in the tender.                    following characteristics :
                                                                 — moisture : 15% ,
3.      The rates used for converting into units of              — broken rice : 5 % maximum ,
account those offers made in national currencies shall
be :
                                                                 —    chalky grains : 5 % maximum ,
                                                                 —    grains striated with red : 3 % maximum ,
— the       central    rate in   cases where    the  relevant    —    spotted grains : 1-5% maximum ,
      currency is held at any given moment within a              —    stained grains : 1 % maximum ,
      band of 2-25 % ,                                           —    yellow grains : 0-050 % maximum ,
                                                                 —    amber grains : 0-20 % maximum .
— in other cases, the average spot exchange rate
      during the period from Wednesday of one week to
     Tuesday of the following week and which immedi­                                        Artie e 7
      ately precedes the time limit for the submission of
      tenders .
                                                                  1 . The Italian intervention agency shall be respon­
                                                                 sible for organizing the invitation to tender provided
                            Article 4                            for by this Regulation .
The contract shall be awarded to the tenderer offering            2.     It shall forthwith communicate to the Commis­
the best terms .                                                 sion the list of firms which have responded to the invi­
                                                                 tation to tender, specifying the terms of each tender,
However, if the tenders submitted do not appear to               together with the name and business name of the
correspond to normal market prices and costs, the                successful tenderer .
 ---pagebreak--- No L 144/ 10                      Official Journal of the European Communities                               11 . 6. 77
3 . Where the customs export formalities for the             (b) the date of the departure of the ships ; the
mobilized product are completed in a Member State                expected date of arrival of the products at their
other than that in which the invitation to tender is             destination ;
issued, the intervention agency of the latter Member
State shall be responsible for the operations following      (c) all possible contingencies which might occur
tendering, including payment to the successful                   during transportation of the products.
tenderer.
In such case, the intervention agency choosing the           The intervention agency shall transmit the informa­
successful tenderer shall immediately inform the inter­      tion provided for to the Commission as soon as it is
                                                             received .
vention agency of the Member State concerned and
shall supply it with all the information which it may
require .                                                    5. When the intervention agency responsible for
Furthermore, the amount of the successful tender
                                                             the operations relating to tendering is not the interven­
                                                             tion agency which appoints the successful tenderer, it
shall be paid after it has been converted using the
                                                             shall send as soon as possible to the latter the informa­
average of the spot rates referred to in the second          tion necessary for releasing the security.
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations
relating to the tendering are completed .
4. The intervention agency shall ask that the                                        Article 8
tenderer specifies the following information :
(a) after each shipment, a statement giving details of       This Regulation shall enter into force on the day of its
    the quantities loaded, the quality of the products       publication in the Official Journal of the European
    and their packaging ;                                    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
                                                                   Member of the Commission