CELEX: 31976R1127
Language: en
Date: 1976-05-14 00:00:00
Title: Commission Regulation (EEC) No 1127/76 of 14 May 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)

No L 127/28                             Official Journal of the European Communities                              15.5.76
                                   COMMISSION REGULATION (EEC) No 1127/76
                                                        of 14 May 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 (!), as last amended by Regulation                  Whereas the Commission must be informed quickly
(EEC) No 832/76 (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 25 March 1976 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 110                common agricultural policy (4), as last amended by
metric tons of husked rice (in other words 85 metric                Regulation (EEC) No 2543/73 (5), and in particular
tons of round grain milled rice) to UNRWA under its                Article 3 thereof ;
 1975/76 food-aid programme ;
                                                                   Whereas the measures provided for in this Regulation
Whereas purusant 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             85 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 100, 14. 4. 1976, p. 1 .                              (4) OJ No 106, 30. 10. 1962, p. 2553/62.
  (}) OJ No L 281 , 1 . 11 . 1975, p . 89 .                         (5) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- 15.5.76                            Official Journal of the European Communities                         No L 127/29
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
Community to UNRWA — For Palestine refugees.'                 1 . The round grain milled rice referred to in Article
                                                              1 to be supplied to UNRWA must meet the following
                        Article 2                             requirements :
 1 . The decision on tenders received in response to         — moisture : 15 % ,
the invitation provided for in Article 1 shall be taken      — broken rice : 5 % maximum,
on 31 May 1976.                                              —    chalky grains : 3 % maximum,
                                                             —    grains striated with red : 3 % maximum,
2. The closing date for submission of tenders shall          —    sp6tted grains : 1 % maximum,
be 31 May 1976 at 12 noon .                                  —    stained grains : 0-50 % maximum,
3.     The   notice of  invitation  to  tender shall  be     —    yellow grains : 0-050 % ,
published in the Official Journal of the European            —    amber grains : 0-125 % maximum .
 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
                        Article 3                            grain milled rice referred to in Article 1 must relate to
                                                              a product with the following characteristics :
 1 . The prices offered must be expressed in the
currency of the Member State in which the invitation         — moisture : 15 % ,
to tender was issued .                                       — broken rice : 5 % maximum,
                                                             —    chalky grains : 3 % maximum,
2.     The rates used for converting into units of           —    grains striated with red : 3 % maximum,
account those offers made in national currencies shall
                                                             —    spotted grains : 1 % maximum,
be :
                                                             —    stained grains : 0-5 % maximum,
— in the case when the currencies concerned are              —    yellow grains : 0-050 % maximum,
     kept at any given moment within a band of               —    amber grains : 0-125 % maximum .
     2-25 % , a conversion rate resulting from their
     central rate,                                                                    Article 7
— in other cases, the average of the spot rates of the
     currencies concerned recorded in the Member              1 . The Italian intervention agency shall be respon­
     State in which the invitation to tender is issued        sible for organizing the invitation to tender provided
     during a period from the Wednesday of one week           for by this Regulation .
     to the Tuesday of the following week being the           2.    It shall forthwith communicate to the Commis­
     period immediately preceding the closing date for
     submission of tenders.                                   sion the list of firms which have responded to the invi­
                                                              tation to tender, specifying the terms of each tender,
                       Article 14
                                                              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
                                                              mobilized product are completed in a Member State
However, if the tenders submitted do not appear to            other than in which the invitation to tender is issued,
reflect normal market prices and costs, the interven­         the intervention agency of the latter Member State
tion agency may cancel the invitation to tender.              shall be responsible for the operations following
                                                              tendering, including payment to the successful
                        Article 5                             tenderer.
 1 . The tenderer shall give security of a value of 10        In such case, the intervention agency choosing the
units of account per metric ton of the product ; for          successful tenderer shall immediately inform the inter­
the successful tenderer the security is intended to          vention agency of the Member State concerned and
guarantee that the operations specified in Article 1 are      shall supply it with all the information it may require.
duly completed. The security shall be forfeited if those
                                                              Furthermore, the amount of the successful tender
operations are not carried out within the prescribed
time limit, save as regard quantities not delivered           shall be paid after it has been converted using the
owing to force majeure.                                       average of the spot rates referred to in the second
                                                              subparagraph of Article 3 (2) to the tenderer in the
2. The security required under paragraph 1 may be             currency of the Member State in which the operations
provided in the form of a cash deposit or of a                relating to the tendering are completed.
 ---pagebreak--- No L 127/30                       Official Journal of the European Communities                               15.5.76
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, 14 May 1976.
                                                                      For the Commission
                                                                         P. J. LARDINOIS
                                                                   Member of the Commission