CELEX: 31973R3132
Language: en
Date: 1973-11-19 00:00:00
Title: Regulation (EEC) No 3132/73 of the Commission of 19 November 1973 opening an invitation to tender for the mobilization of milled rice as food aid for the Democratic Republic of Somalia

No L 319 / 14                       Official Journal of the European Communities                           20 . 11 . 73
                          REGULATION (EEC) No 3132/73 OF THE COMMISSION
                                                 of 19 November 1973
              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 the Commission must be informed quickly
COMMUNITIES,                                                  of the tenders submitted in response to the invitation
                                                              and of those accepted by the intervention agency ;
Having regard to the Treaty establishing the European
Economic Community ;                                          Whereas the measures provided for in this Regulation
                                                               are in accordance with the Opinion of the Manage­
Having regard to Council Regulation No 359/                    ment Committee for Cereals,
67/EEC (1) of 25 July 1967 on the common organiza­
tion of the market in rice, as last amended by the Act
of Accession (2) ;
                                                               HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC) No
1 693/72 (3) of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid, and                                 Article 1
in particular Article 6 thereof ;
Whereas on 15 October 1973 the Council of the Euro­            1 . Tenders are hereby invited for the supply to the
pean Communities declared that it proposed, by way             Democratic Republic of Somalia by way of Commu­
of Community action, to grant the equivalent of 5 000          nity action, of 3 875 metric tons of round-grained
                                                               milled rice .
metric tons of husked rice, (in other words, 3 875
metric tons of round-grained milled rice) to the
Democratic Republic of Somalia under its 1971 /72              2. The tendering procedure shall take place in Italy
food aid programme ;                                           in one lot. The products shall be mobilized on the
                                                               Community market. The products shall be loaded for
Whereas analysis of the state of the Community rice            departure from the Community ports listed in Annex
                                                               I.
market indicates that the criteria of Article 3 (3) of
Council Regulation (EEC) No 1693/72 should be
applied and that the products should be purchased on           3.    The invitation to tender provided for in para­
the Community market ;                                         graph 1 is for supply of products delivered caf that is
                                                               to say, actually placed on the quay in one of the ports
Whereas the proposed invitation to tender should be            of unloading listed in Annex II.
for supply of the products cif, that is to say actually
placed on the quay at the port of unloading ;                  4. The successful tenderer shall deliver the product
                                                               specified in paragraph 1 cif to one of the ports listed
Whereas the award under the invitation to tender               in Annex II in new jute sacks of a net capacity of 50
must be made to the tenderer offering the best terms ;         kilogrammes.
Whereas, should force majeure make it impossible to            The following shall be printed on the sacks :
complete the operation in question within the time                     'Milled rice — gift of the European Economic
limits specified, it must be made clear who is to bear                 Community'
the liability for any resulting costs ;
                                                                                       Article 2
Whereas provision should be made for security to be
given for the purpose of guaranteeing that the obliga­         1.    The decision on tenders received in response to
tion arising by virtue of participation in the invitation      the invitation provided for in Article 1 shall be taken
to tender for supplies to the Democratic Republic of           on 3 December 1973 .
Somalia will be fulfilled ;
                                                               2.    The closing date for the submission of tenders
Whereas the Italian intervention agency should, in             shall be 3 December 1973 at 12 noon .
any event, be made responsible for the tendering
procedure ;
                                                               3.    The notice of invitation to tender shall be
(') OJ No 174, 31 . 7. 1967, p. 1 .                            published in the Official Journal of the European
(2) OJ No L 73, 27. 3. 1972, p. 14.                            Communities not less than 10 days before the closing
(3) OJ No L 178, 5. 8 . 1972, p. 3.                            date for the submission of tenders.
 ---pagebreak--- 20 . 11 . 73                         Official Journal of the European Communities                       No L 319 / 15
                         Article J                             — Yellow grains : 0·050 %
                                                               — Amber grains : 0·125 % maximum .
The contract shall be awarded to the tenderer offering
the best terms .                                                Rice not meeting these requirements shall be refused.
However, if the tenders submitted do not appear to             2. Tenders for supply to the Democratic Republic
correspond to normal market prices and costs, the              of Somalia of the round-grained milled rice referred to
intervention agency may cancel the invitation to               in Article 1 must relate to a product with the
tender.                                                        following characteristics :
                                                               nedennaevnte Moisture : 15%
                         Article 4                             — Broken rice : 5 % maximum
                                                               — Chalky grains : 3 % maximum
1 . The successful tenderer shall give security of a           — Grains striated with red : 3 % maximum
value of 10 units of account per metric ton ; the secu­        —    Spotted grains : 1 % maximum
rity is intended to guarantee that the operations speci­       —    Stained grains : 0·5 % maximum
fied in Article 1 are duly completed. The security             —    Yellow grains : 0·050 % maximum
shall be forfeit if those operations are not carried out       —    Amber grains : 0·125 % maximum .
within the prescribed time limit, save as regards quan­
tities not delivered owing to force majeure.                                             Article 6
2. The security provided for in paragraph 1 may be
                                                                1 . The Italian intervention agency shall be respon­
given in the form of a cash deposit or of a guarantee
                                                               sible for the operations relating to the invitations to
issued by a credit institution conforming to the
                                                               tender provided for by this Regulation .
criteria laid down by the Member State.
                       artikel 1 , 5                           2.     It shall forthwith communicate to the Commis­
                                                               sion the list of firms which have responded to the invi­
1 . The round-grained milled rice referred to in
                                                               tation to tender, specifying the terms of each tender,
Article 1 to be supplied to the Democratic Republic
                                                               together with the name and business name of the
of Somalia must meet the following requirements :              successful tenderer.
— Moisture : 1 5 %
— Broken rice : 5 % maximum                                                              Article 7
— Chalky grains : 3 % maximum
— Grains striated with red : 3 % maximum                       This Regulation shall enter into force on the day of its
— Spotted grains : 1 % maximum                                 publication in the Official Journal of the European
— Stained grains : 0·50 % maximum                               Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 19 November 1973 .
                                                                          For the Commission
                                                                              The President
                                                                         François-Xavier ORTOLI
 ---pagebreak--- No L 319/ 16                   Official Journal of the European Communities                            20 . 11 . 73
                                                       ANNEX 1
             Number of lot
                                                            Minimum rate of loading
                             Port from which consigned             per day              Tonnage fob
                  1            Community ports              Customs of the port      3 875 metric tons
                                                       ANNEX II
             Number of lot        Port of unloading        Minimum rate of unloading     Tonnage cif
                                                                                           3 875
                 1         Mogadiscio                      Customs of the port          metric tons