CELEX: 31974R2403
Language: en
Date: 1974-09-20 00:00:00
Title: Regulation (EEC) No 2403/74 of the Commission of 20 September 1974 opening an invitation to tender for the mobilization of long grain milled rice as food aid for the United Nations High Commission for Refugees

No L 256/ 18                            Official Journal of the European Communities                             21 . 9 . 74
                             REGULATION (EEC) No 2403/74 OF THE COMMISSION
                                                    of 20 September 1974
              opening an invitation to tender for the mobilization of long grain milled rice as
                         food aid for the United Nations High Commission for Refugees
THE COMMISSION OF THE EUROPEAN                                    Whereas the measures provided for in this Regulation
COMMUNITIES,                                                       are in accordance with the Opinion of the Manage­
                                                                   ment Committee for Cereals,
Having regard to the Treaty establishing the European
Economic Community ;
                                                                   HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation No 359/
67/EEC (^ of 25 July 1967 on the common organiza­
tion of the market in rice, as last amended by the Act                                    Article 1
of Accession (2) ;
                                                                   1 . Tenders are hereby invited for the supply to the
Having regard to Council Regulation (EEC) No                       United Nations High Commission for Refugees by
16^3/72 (3) of 3 August 1972 laying down the condi­                way of Community action, of 300 metric tons of long
tions for the mobilization of cereals as food aid , and
                                                                   grain milled rice.
in particular Article 6 thereof ;
Whereas on 21 March 1974 the Council of the Euro­                  2. The tendering procedure shall take place in Italy
                                                                   in one lot. The product shall be mobilized on the
pean Communities declared that it proposed, by way                 Community market. The products shall be loaded for
of Community action, to grant the equivalent of 435                departure from a port of the Mediterranean Sea.
metric tons of husked rice, (in other words, 300 metric
tons of long grain milled rice) to the United Nations              3 . The product referred to in paragraph 1 is to be
High Commissioner for Refugees under its 1973/74                   delivered in new cotton sacks of a net capacity of 50
food aid programme ;                                               kilogrammes to the port of shipment in the vicinity of
                                                                   the vessel . The goods must be set down at the place
Whereas pursuant to Article 3 (3) of Council Regula­               nominated by the recipient country or its agent, the
tion (EEC) No 1693/72 the goods may be purchased
                                                                   timing of delivery being settled by the tenderer and
anywhere on the Community market ;                                 the recipient country's agent.
Whereas tenders should be invited for the supply of
                                                                   The following shall be printed on the sacks :
the product to the port of shipment in the vicinity of
the vessel, the goods to be set down at the place nomi­            'Milled rice — gift of the European Community to
nated by the recipient or its agent ;                              the UNHCR for free distribution to Cyprus popula­
                                                                   tion .'
Whereas the award under the invitation to tender
must be made to the tenderer offering the best terms ;
                                                                                          Article 2
Whereas, should force majeure make it impossible to
complete the operation in question within the time                  1 . The decision on tenders received in response to
limits specified, it must be made clear who is to bear             the invitation provided for in Article 1 shall be taken
the liability for any resulting costs ;                            on 30 September 1974.
Whereas provision should be made for security to be                2. The closing date for the submission of tenders
given for the purpose of guaranteeing that the obliga­             shall be 30 September 1974 at 12 noon .
tion arising by virtue of participation in the invitation
to tender for supplies to the United Nations High                  3.      The  notice of invitation to tender shall be
Commission for Refugees will be fulfilled ;                        published in the Official Journal of the European
                                                                   Communities not less than six days before the closing
Whereas the Italian intervention agency should be                  date for the submission of tenders .
made responsible for the tendering procedure ;
Whereas the Commission must be informed quickly                                           Article 3
of the tenders submitted in response to the invitation
and of those accepted by the intervention agency ;                 The contract shall be awarded to the tenderer offering
                                                                   the best terms .
(•) OJ No 174, 31 . 7 . 1967, p. 1 .
(2) OJ No L 73 , 27 . 3 . 1972, p. 14.                             However, if the tenders submitted do not appear to
(3 ) OJ No L 178 , 5 . 8 . 1972, p. 3 .                            correspond to normal market prices and costs, the
 ---pagebreak--- 21 . 9 . 74                         Official Journal of the European Communities                         No L 256/ 19
intervention agency may cancel the invitation to              — stained grains : 0-5 % maximum ;
tender.
                                                              — yellow grains : 0-050 % maximum ;
                                                «
                                                              — amber grains : 0-125 % maximum .
                         Article 4
If the tenderer is unable to deliver the goods in                                       Article 7
compliance with Article 1 (3) on the date given in the
notice of invitation to tender as a result of the late         1 . The Italian intervention agency shall be respon­
availability of the vessels to be used for sea transporta­    sible for the operations relating to the invitation to
tion, the resulting costs shall be borne by the interven­     tender provided for by this Regulation .
tion intervention agency.
                                                               2.     It shall forthwith communicate to the Commis­
                                                              sion the list of firms which have responded to the invi­
                         Article 5                            tation to tender, specifying the terms of each tender,
                                                               together with the name and business name of the
1 . The successful tenderer shall give security in an         successful tenderer.
amount of 10 units of account per metric ton of
goods ; the purpose of such security is to guarantee          3.      On the other hand, if the successful tenderer is
performance of the operations specified in Articles 1         established in a Member State other than the one
and 6. The security shall be forfeit if those operations      collecting the tenders, and if the product is dispatched
are not carried out within the time stipulated, save as       through a frontier post of the Member State where the
regards quantities not delivered for reasons of force         successful tenderer is established, the intervention
majeure.                                                      agency of the latter Member State shall be responsible
                                                              for the operations relating to the tendering.
2.     The security referred to in paragraph 1 may be
given in the form of a cash deposit or of a guarantee          In this case, the intervention agency choosing the
issued by credit institution which satisfies the criteria     successful tenderer shall immediately inform the inter­
laid down by each Member State.                               vention agency of the Member State concerned and
                                                              shall supply it with all the information which it may
                         Article 6
                                                              require .
                                                              4. The intervention agency shall request the
1 . The long grain milled rice referred to in Article         successful tenderer to supply the following informa­
1 to be supplied to the United Nations High Commis­           tion :
sion for Refugees must meet the following require­
ments :
                                                              (a) after each shipment a certificate showing the quan­
— moisture : 1 5 % ;                                               tities dispatched and the quality of the products ;
— broken rice : 5 % maximum ;                                 (b) the date of departure of the vessels.
— chalky grains : 3 % maximum ;                               The information indicated above shall be forwarded
— grains striated with red : 3 % maximum ;                    by the intervention agency to the Commission imme­
— spotted grains : 1 % maximum ;                              diately upon receipt.
     stained grains : 0-50 % maximum ;
— yellow grains : 0-050 % maximum ;                                                     Article 8
— amber grains : 0-125 % maximum .
                                                              On delivery of the goods at the port of shipment, a
Rice not meeting these requirements shall be refused.         handing-over certificate shall be supplied to the
                                                              successful, tenderer, acting as agept for the Commu­
2. Tenders for supply to the United Nations High              nity, by the agent of the recipient country or, in the
Commission for Refugees of the long grain milled              absence of the latter, by the intervention agency of the
rice referred to in Article 1 must relate to a product        Member State in whose territory the port of shipment
with the following characteristics :                          is situated .
— moisture : 1 5 % ;
— broken rice 5 % maximum ;                                                             A rticle 9
— chalky grains : 3 % maximum ;
                                                              This Regulation shall enter into force on the day of its
— grains striated with red : 3 % maximum ;                    publication in the Official Journal of the European
— spotted grains : 1 % maximum ;                              Communities.
 ---pagebreak--- No L 256/20                  Official Journal of the European Communities                        21 . 9 . 74
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States .
          Done at Brussels, 20 September 1974.
                                                                 For the Commission
                                                                      The President
                                                                Fi;an?ois-Xavier ORTOLI