CELEX: 31976R0672
Language: en
Date: 1976-03-26 00:00:00
Title: Commission Regulation (EEC) No 672/76 of 26 March 1976 opening an invitation to tender for the mobilization of milled rice as food aid for the United Nations Relief and Works Agency for Palestine (UNRWA)

27. 3 . 76                             Official Journal of the European Communities                          No L 81 / 15
                                   COMMISSION REGULATION (EEC) No 672/76
                                                      of 26 March 1976
              opening an invitation to tender for the mobilization of milled rice as food aid
                 for the United Nations Relief and Works Agency for Palestine (UNRWA)
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 UNRWA will be fulfilled ;
Economic Community,
                                                                 Whereas the Italian intervention agency should be
Having regard to Council Regulation No 359/67/ EEC               made responsible for the tendering procedure ;
of 25 July 1967 on the common organization of the
market in rice ( J), as last amended by Regulation               Whereas the Commission must be informed quickly
(EEC) No 668/75 (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
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
                                                                 tions laid down in Article 3 (2) of Council Regulation
Whereas on 3 March 1975 the Council of the Euro­                  No 129 on the value of the unit of account and the
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 200              common agricultural policy (4), as last amended by
metric tons of husked rice (in other words 171 metric            Regulation (EEC) No 2543/73 (5), and in particular
tons of round grain milled rice) to UNRWA under its              Article 3 thereof ;
1974/75 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 Lattakia, that is at
the moment when the goods are actually placed on                  HAS ADOPTED THIS REGULATION :
the dock or in the lighter where applicable ;
Whereas in view of the different monetary circum­
stances in the Member States, the observation of these                                     Article 1
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
common agricultural policy since monetary compensa­               UNRWA by way of Community food-aid action, of
tory amounts do not apply in the rice sector ; whereas            171 metric tons of round grain 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
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 majeure 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 Lattakia,
the liability for any resulting costs ;                           that is at the moment when the goods are actually
                                                                  placed on the dock or in the lighter where applicable .
(•) OJ No 174, 31 . 7. 1967, p. 1 .
(2) OJ No L 72, 20 . 3 . 1975, p. 18 .                           (4) OJ No 106, 30 . 10 . 1962, p. 2553/62.
(3) OJ No L 281 , 1 . 11 . 1975, p. 89 .                         (5) OJ No L 263, 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- No L 81 / 16                         Official Journal of the European Communities                             27 . 3 . 76
4.     The successful tenderer shall deliver the product       guarantee issued by a credit institution conforming to
in new jute sacks of a net capacity of 50 kg.                  criteria laid down by each Member State.
The following shall be printed on the sacks :                                            Article 6
'Milled rice — Gift of the European Economic                    1 . The round grain milled rice referred to in Article
Community to UNRWA — For Palestine refugees.'                   1 to be supplied to UNRWA must meet the following
                                                                requirements :
                          Article 2
                                                               — moisture : 15% ,
 1.     The decision on tenders received in response to        — broken rice : 5 % maximum,
the invitation provided for in Article 1 shall be taken        —     chalky grains : 3 % maximum,
on 12 April 1976.                                              —     grains striated with red : 3 % maximum,
                                                               —     spotted grains : 1 % maximum,
2.      The closing date for submission of tenders shall       —     stained grains : 0-50 % maximum,
be 12 April 1976 at 12 noon .                                   —    yellow grains : 0-050 % ,
3.      The notice of invitation to tender shall be             —    amber grains : 0-125 % maximum .
 published in the Official Journal of the European
 Communities not less than nine days before the                 Rice not meeting these requirements shall be refused.
 closing date for submission of tenders.                        2. Tenders for supply to UNRWA of the round
                                                                grain milled rice referred to in Article 1 must relate to
                          Article 3                             a product with the following characteristics :
 1 . The prices offered must be expressed in the                — moisture : 15% ,
 currency of the Member State in which the invitation           — broken rice : 5 % maximum,
 to tender was issued .                                         —    chalky grains : 3 % maximum,
                                                                —    grains striated with red : 3 % maximum,
 2.     The rates used for converting into units of             —    spotted grains : 1 % maximum,
 account those offers made in national currencies shall
 be :
                                                                —    stained grains : 0-5 % maximum,
                                                                —    yellow grains : 0 050 % maximum,
 — in the case when the currencies concerned are                —    amber grains : 0-125 % maximum .
      kept at any given moment within a band of
      2-25 % , a conversion rate resulting from their                                    Article 7
      central rate,
 — in other cases, the average of the spot rates of the          1 . The Italian intervention agency shall be respon­
      currencies    concerned recorded in the Member            sible for organizing the invitation to tender provided
      State in which the invitation to tender is issued         for by this Regulation .
      during a period from the Wednesday of one week             2.    It shall forthwith communcicate to the Commis­
      to the Tuesday of the following week being the
      period immediately preceding the closing date for         sion the list of firms which have responded to the invi­
      submission of tenders .                                    tation to tender, specifying the terms of each tender,
                                                                 together with the name and business name of the
                                                                 successful tenderer.
                           Article 4
 The contract shall be awarded to the tenderer offering          3 . Where the customs export formalities for the
 the best terms .                                                mobilized product are completed in a Member State
                                                                 other than in which the invitation to tender is issued,
 However, if the tenders submitted do not appear to              the intervention agency of the latter Member State
 reflect normal market prices and costs, the interven­           shall be responsible for the operations following
 tion agency may cancel the invitation to tender.                tendering, including payment to the successful
                                                                 tenderer.
                           Article 5
                                                                 In such case, the intervention agency choosing the
  1.    The tenderer shall give security of a value of 10        successful tenderer shall immediately inform the inter­
 units of account per metric ton of the product ; for            vention agency of the Member State concerned and
 the successful tenderer the security is intended to             shall supply it with all the information which it may
 guarantee that the operations specified in Article 1 are        require.
 duly completed. The security shall be forfeited if those
                                                                 Futhermore , the amount of the successful tender shall
 operations are not carried out within the prescribed
 time limit, save as regard quantities not delivered             be paid after it has been converted using the average
 owing to force majeure.                                         of the spot rates referred to in the second subpara­
                                                                 graph of Article 3 (2) to the tenderer in the currency
 2. The security required under paragraph 1 may be               of the Member State in which the operations relating
  provided in the form of a cash deposit or of a                 to the tendering are completed.
 ---pagebreak--- 27. 3 . 76                        Official Journal of the European Communities                            No L 81 / 17
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, 26 March 1976.
                                                                      For the Commission
                                                                        P.J. LARDINOIS
                                                                   Member of the Commission