CELEX: 31974R2400
Language: en
Date: 1974-09-20 00:00:00
Title: Regulation (EEC) No 2400/74 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 Democratic Republic of Somalia

No L 256/ 10                           Official Journal of the European Communities                             21 . 9 . 74
                            REGULATION ( EEC) No 2400/74 OF THE COMMISSION
                                                   of 20 September 1974
              opening an invitation to tender for the mobilization long grain milled rice as
                                  food aid for the Democratic Republic of Somalia
THE COMMISSION OF THE EUROPEAN                                    HAS ADOPTED THIS REGULATION :
COMMUNITIES,
Having regard to the Treaty establishing the European                                     Article 1
Economic Community ;
                                                                  1 . Tenders are hereby invited for the supply to the
Having regard to Council Regulation No 359/                       Democratic Republic of Somalia by way of Commu­
67/EEC (*) of 25 July 1967 on the common organiza­                nity action , of 2 326 metric tons of long grain milled
tion of the market in rice, as last amended by the Act            rice .
of Accession (2) ;
                                                                  2. The tendering procedure shall take place in Italy
Having regard to Council Regulation (EEC) No
                                                                  in one lot. The product shall be mobilized on the
1693/72 (3 ) of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid, and            Community market. The products shall be loaded for
                                                                  departure from a Community port.
in particular Article 6 thereof ;
Whereas on 14 May 1973, the Council of the Euro­                  3 . The invitation to tender provided for in para­
pean Communities declared that it proposed, by way                graph 1 is for supply of products delivered cif, that is
of Community action, to grant the equivalent of 3 000             at the moment when the goods are actually removed
metric tons of husked rice, (in other words, 2 326                from the ship's hold at the port of unloading.
metric tons of long grain milled rice) to the Democ­
ratic Republic of Somalia under its 1972/73 food aid              4. The successful tenderer shall deliver the product
programme ;
                                                                  specified in paragraph 1 cif to the port of Berbera in
                                                                  new jute sacks of a net capacity of 50 kilogrammes.
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 1693/72 the goods may be purchased                  The following shall printed on the sacks :
anywhere on the Community market ;
                                                                  'Milled rice — gift of the European Community'.
Whereas the proposed invitation to tender should be
for supply of the products delivered cif, that is at the                                  Article 2
moment when the goods are actually removed from
the ship's hold at the port of unloading ;
                                                                   1 . The decision on tenders received in response to
Whereas the award under the invitation to tender                  the invitation provided for in Article 1 shall be taken
must be made to the tenderer offering the best terms ;            on 4 October 1974 .
Whereas, should force majeure make it impossible to               2.     The closing date for the submission of tenders
complete the operation in question within the time                shall be 4 October 1974 at 12 noon .
limits specified, it must be made clear who is to bear
the liability for any resulting costs ;                           3.     The   notice  of invitation to  tender shall     be
                                                                  published in the Official Journal of the European
Whereas provision should be made for security to be                Communities not less than nine days before the
given for the purpose of guaranteeing that the obliga­            closing date for the submission of tenders.
tion arising by virtue of participation in the invitation
to tender for supplies to the Democratic Republic of
Somalia will be fulfilled ;                                                               Article 3
Whereas the Italian intervention agency should be                 The contract shall be awarded to the tenderer offering
made responsible for the tendering procedure ;                    the best terms .
Whereas the Commission must be informed quickly
of the tenders submitted in response to the invitation            However, if the tenders submitted do not appear to
and of those accepted by the intervention agency ;                correspond to normal market prices and costs, the
                                                                  intervention agency may cancel the invitation to
Whereas the measures provided for in this Regulation              tender .
are in accordance with the Opinion of the Manage­
ment Committee for Cereals ,
                                                                                          Article 4
(!) OJ No 174, 31 . 7 . 1967, p. 1 .
(2) OJ No L 73 , 27 . 3 . 1972, p. 14.                             1 . The successful tenderer shall give security of a
P ) OJ No L 178 , 5 . 8 . 1972, p. 3 .                            value of 10 units of account per metric ton ; the secu­
 ---pagebreak--- 21 . 9 . 74                        Official Journal of the European Communities                         No L 256/ 11
rity is intended to guarantee that the operations speci­      2.     It shall forthwith communicate to the Commis­
fied in Article 1 are duly completed. The security            sion the list of firms which have responded to the invi­
shall be forfeit if those operations are not carried out      tation to tender, specifying the terms of each tender,
within the prescribed time limit, save as regards quan­       together with the name and business name of the
tities not delivered owing to force majeure.                  successful tenderers .
2. The security provided for in paragraph 1 may be            3.     On the other hand, if the successful tenderer is
given in the form of a cash deposit or of a guarantee         established in a Member State other than the one
issued by a credit institution conforming to the              collecting the tenders, and if the product is dispatched
criteria laid down by the Member State.                       through a frontier post of the Member State where the
                                                              successful tenderer is established, the intervention
                         Article 5                            agency of the latter Member State shall be responsible
                                                              for the operations relating to tendering.
1 . The long grain milled rice referred to in Article
1 to be supplied to the Democratic Republic of                In this case, the intervention agency choosing the
Somalia must meet the following requirements :                successful tenderer shall immediately inform the inter­
                                                              vention agency of the Member State concerned and
— moisture : 1 5 % ;                                          shall supply it with all the information which it may
— broken rice : 5 % maximum ;                                 require.
—    chalky grains : 3 % maximum ;
—    grains striated with red : 3 % maximum ;                 4. The intervention agency shall request the
—    spotted grains : 1 % maximum ;                           successful tenderer to supply the following informa­
—    stained grains : 0*50 % maximum ;                        tion :
—    yellow grains : 0-050 % ;                                (a) after each shipment a certificate showing the quan­
—    amber grains : 0-125 % maximum .                             tities dispatched and the quality of the products ;
Rice not meeting these requirements shall be refused.         (b) the date of departure of the vessels.
                                                              The information indicated above shall be forwarded
2. Tenders for supply to the Democratic Republic
of Somalia of the long grain milled rice referred to in       by the intervention agency to the Commission imme­
Article 1 must relate to a product with the following         diately upon receipt.
characteristics :
                                                                                        Article 7
— moisture : 1 5 % ;
— broken rice : 5 % maximum ;                                 On delivery of the goods at the port of shipment, a
—    chalky grains : 3 % maximum ;                            handing-over certificate shall be supplied to the
—    grains striated with red : 3 % maximum ;                 successful tenderer, acting as agent for the Commu­
—    spotted grains : 1 % maximum ;                           nity, by the agent of the recipient country or, in the
—    stained grains : 0-50 % maximum ;                        absence of the latter, by the intervention agency of the
—    yellow grains : 0-050 % maximum ;                        Member State in whose territory the port of shipment
—    amber grains : 0-125 % maximum .                         is situated .
                         Article 6                                                      Article 8
1 . The Italian intervention agency shall be respon­          This Regulation shall enter into force on the day of its
sible for the operations relating to the invitations to       publication in the Official Journal of the European
tender provided for by this Regulation .                      Communities.
               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
                                                                        Francois-Xavier ORTOLI