CELEX: 31976R0317
Language: en
Date: 1976-02-13 00:00:00
Title: Commission Regulation (EEC) No 317/76 of 13 February 1976 opening an invitation to tender for the mobilization of milled rice as food aid for the Democratic Republic of Somalia

No L 39/ 16                            Official Journal of the European Communities                             14. 2. 76
                                  COMMISSION REGULATION (EEC) No 317/76
                                                    of 13 February 1976
               opening an invitation to tender for the mobilization milled rice as food aid for
                                           the Democratic Republic of Somalia
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 the Democratic Republic of
Economic Community,                                              Somalia will be fulfilled ;
Having regard to Council Regulation No 359/67/EEC                Whereas the Italian intervention agency should be
of 25 July 1967 on the common organization of the                made responsible for the tendering procedure ;
market in rice (!), as last amended by Regulation
(EEC) No 668/75 (2),                                             Whereas the Commission must be informed quickly
                                                                 of the tenders submitted in response to the invitation
Having regard to Council Regulation (EEC) No                     and of those accepted by the intervention agency ;
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
Whereas on 18 March 1975 the Council of the Euro­                tions laid down in Article 3 (2) of Council Regulation
pean Communities declared that it proposed, by way               No 129 on the value of the unit of account and the
of Community action, to grant the equivalent of 8 000            exchange rates to be applied for the purposes of the
metric tons of husked rice (in other words, 6 200                common agricultural policy (4), as last amended by
metric tons of round grain milled rice) to the Democ­            Regulation (EEC) No 2543/73 (5), and in particular
ratic Republic of Somalia under its 1974/75 food-aid             Article 3 thereof ;
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 cif, that is at the
                                                                 HAS ADOPTED THIS REGULATION :
moment when the goods are actually placed in lighter
at the port of unloading ;
Whereas in view of the different monetary circum­                                          Article 1
stances in the Member States, the observation of these
conditions is not guaranteed by the application of                1 . Tenders are hereby invited for the supply to the
exchange rates applicable in the framework of the                Democratic Republic of Somalia, by way of Commu­
common agricultural policy since monetary compensa­              nity food-aid action, of 6 200 metric tons of round
tory amounts do not apply in the rice sector ; whereas
 it is advisable to take account of the monetary situa­
                                                                 grain milled rice.
 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 cif that is
 the liability for any resulting costs ;                         to say, actually placed in lighter of the port of Moga­
                                                                 discio,
(») 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.
h) OJ No L 281 , 1 . 11 . 1975, p. 89.                           (5) OJ No L 263, 19 . 9 . 1973, p. 1 .
 ---pagebreak---  14. 2. 76                          Official Journal of the European Communities                         No L 39/ 17
4. The successful tenderer shall deliver the product                                   Article 6
specified in paragraph 1 in new jute sacks lined with
cotton sacks of a net capacity of 50 kilogrammes.              1 . The round grain milled rice referred to in Article
                                                               1 to be supplied to the Democratic Republic of
The following shall be printed on the sacks :                 Somalia must meet the following requirements :
'Milled rice — gift of the European Community — to            — moisture : 15% ,
be distributed free of charge.'                               — broken rice : 5 % maximum,
                                                              —    chalky grains : 3 % maximum,
                         Article 2
                                                              —    grains striated with red : 3 % maximum,
 1 . The decision on tenders received in response to          —    spotted grains : 1 % maximum,
the invitation provided for in Article 1 shall be taken       —    stained grains : 0-50 % maximum,
on 1 March 1976.                                              —    yellow grains : 0*050 % ,
                                                              —    amber grains : 01 25 % maximum.
2.     The closing date for the receipt of tenders shall
be 1 March 1976 at 12 noon .                                  Rice not meeting these requirements shall be refused.
3.     The   notice   of invitation to   tender shall   be    2. Tenders for supply to the Democratic Republic
published in the Official Journal of the European             of Somalia of the round grain milled rice referred to
 Communities not less than nine days before the               in Article 1 must relate to a product with the
closing date for submission of tenders.                       following characteristics :
                         Article 3                            — moisture : 15% ,
                                                              — broken rice : 5 % maximum,
 1 . The prices offered must be expressed in the              —    chalky grains : 3 % maximum,
currency of the Member State in which the invitation          —    grains striated with red : 3 % maximum,
to tender was issued.                                         —    spotted grains : 1 % maximum,
                                                              —    stained grains : 0-5 % maximum,
2.     The rates used for converting into units of            —    yellow grains : 0-050 % maximum,
account those offers made in national currencies shall
be :
                                                              —    amber grains : 01 25 % maximum.
— the      central  rate in   cases where    the  relevant
                                                                                       Article 7
     currency is held at any given moment within a
     band of 2-25 % ,
                                                              1 . The Italian intervention agency shall be respon­
— in other cases the average spot exchange rate               sible for organizing the invitation to tender provided
     during the period from Wednesday of one week to          for by this Regulation .
     Tuesday of the following week and which immedi­
     ately precedes the time limit for the submission of      2.     It shall forthwith communicate to the Commis­
     offers.
                                                              sion the list of firms which have responded to the invi­
                                                              tation to tender, specifiying the terms of each tender,
                         Article 4                            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
However, if the tenders submitted do not appear to            mobilized product are completed in a Member State
                                                              other than that in which the invitation to tender is
reflect normal market prices and costs, the interven­
tion agency may cancel the invitation to tender.              issued, the intervention agency of the latter Member
                                                              State shall be responsible for the operations following
                         Article 5
                                                              tendering, including payment to the successful
                                                              tenderer.
1 . The tenderer shall give security of a value of 10
units of account per metric ton of the product ; for          In such case, the intervention agency choosing the
the successful tenderer the security is intended to           successful tenderer shall immediately inform the inter­
guarantee that the operations specified in Article 1 are      vention agency of the Member State concerned and
duly completed. The security shall be forfeited if those      shall supply it with all the information which it may
operations are not carried out within the prescribed          require.
time limit, save as regard quantities not delivered
                                                              Furthermore, the amount of the successful tender
owing to force majeure.
                                                              shall be paid after it has been converted using the
2. The security required under paragraph 1 may be             average of the spot rates referred to in the second
provided in the form of a cash deposit or . of a              subparagraph of Article 3(2) to the tenderer in the
guarantee issued by a credit institution conforming to        currency of the Member State in which the operations
criteria laid down by each Member State.                      relating to the tendering are completed.
 ---pagebreak--- No L 39/ 18                       Official Journal of the European Communities                               14. 2. 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, 13 February 1976.
                                                                       For the Commission
                                                                         P.J. LARDINOIS
                                                                   Member of the Commission