CELEX: 31977R2550
Language: en
Date: 1977-11-18 00:00:00
Title: Commission Regulation (EEC) No 2550/77 of 18 November 1977 opening an invitation to tender for the mobilization of milled rice as food aid for the United Nations Relief and Works Agency for Palestine Refugees (UNRWA)

19 . 11 . 77                          Official Journal of the European Communities                             No L 296/ 19
                                  COMMISSION REGULATION (EEC) No 2550/77
                                                   of 18 November 1977
              opening an invitation to tender for the mobilization of milled rice as food aid
              for the United Nations Relief and Works Agency for Palestine Refugees
                                                         (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 (EEC) No                     made responsible for the tendering procedure ;
1418 /76 of 21 June 1976 on the common organiza­
tion of the market in rice (1 ), as amended by Regula­           Whereas the Commission must be informed quickly
tion (EEC) No 1158/77 (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 8 February 1977 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 220             common agricultural policy (4), as last amended by
tonnes of husked rice (in other words 171 tonnes of              Regulation (EEC) No 2543/73 (5), and in particular
round grain milled rice) to UNRWA under its                      Article 3 thereof ;
 1976/77 food-aid programme ;
Whereas pursuant to Article 3 (3) of Council Regula­             Whereas the measures provided for in this Regulation
tion (EEC) No 2750/75 the goods may be purchased                  are in accordance with the opinion of the Manage­
anywhere on the Community market ;                                ment Committee for Cereals,
Whereas the proposed invitation to tender should be
 for supply of the products delivered Aqaba, 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           171 tonnes 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 Aqaba, that'
 the liability for any resulting costs ;                          is at the moment when the goods are actually placed
                                                                  on the dock or in the lighter where applicable.
 (') OJ No L 166, 25 . 6. 1976, p. 1 .
 ( 2) OJ No L 136, 2. 6. 1977, p. 13 .                            (4) OJ No 106, 30 . 10 . 1962, p . 2553/ 62.
 (3) OJ No L 281 , 1 . 11 . 1975, p. 89 .                         (5) OJ No L 263, 19 . 9 . 1973, p. 1 .
 ---pagebreak--- No L 296/20                        Official Journal of the European Communities                            19 . 11 . 77
4. The successful tenderer shall deliver the product         guarantee that the operations specified in Article 1 are
specified in paragraph 1 in new jute sacks of a net          duly completed. The security shall be forfeited if those
capacity of 50 kilograms.                                    operations are not carried out within the prescribed
                                                             time limit, save as regard quantities not delivered
Minimum weight of the sacks shall be 600 grams. The          owing to force majeure.
following shall be printed on the sacks :
'Milled Rice/Gift of the European Economic Commu­            2. The security required under paragraph 1 may be
nity/For free distribution to Palestine refugees.'           provided in the form of a cash deposit or of a
                                                             guarantee issued by a credit institution conforming to
To allow for the possibility of re-bagging, the              criteria laid down by each Member State.
successful tenderer shall supply 2 % of new empty
sacks, of the same quality as those containing the                                     Article 6
goods but with the printing followed by a capital
letter 'R.'                                                   1 . The round grain milled rice referred to in Article
                                                              1 to be supplied to UNRWA must meet the following
                        Article 2                            requirements :
                                                             — moisture : 15 % ,
 1 . The decision on tenders received in response to         — broken rice : 5 % maximum,
the invitation provided for in Article 1 shall be taken      —    chalky grains : 5 % maximum,
on 5 December 1977.
                                                             —    grains striated with red : 3 % maximum,
2.     The closing date for submission of tenders shall      —    spotted grains : 1 -5 % maximum,
be 5 December 1977 at 12 noon .                              —    stained grains : 1 % maximum,
                                                             —    yellow grains : 0-050 % maximum,
3.     The   notice of  invitation  to  tender  shall be     —    amber grains : 0-20 % maximum .
published in the Official Journal of the European
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
                                                             grain milled rice^ referred to in Article 1 must relate to
                        Article 3                            a product with the following characteristics :
 1 . The prices offered must be expressed in the             — moisture : 15% ,
currency of the Member State in which the invitation         — broken rice : 5 % maximum,
to tender was issued .                                       —    chalky grains : 5 % maximum,
                                                             —    grains striated with red : 3 % maximum,
2.     The rates used for converting into units of           —    spotted grains : 1 -5 % maximum,
account those offers made in national currencies shall
                                                             —    stained grains : 1 % maximum,
be :
                                                             —    yellow grains : 0-050 % maximum,
— in the case when the currencies concerned are              —    amber grains : 0-20 % maximum.
     kept at any given moment within a band of
     2-25 % , a conversion rate resulting from their                                   Article 7
     central rate,
— in other cases, the average of the spot rates of the
                                                              1 . The Italian intervention agency shall be respon­
     currencies concerned recorded in the Member             sible for organizing the invitation to tender provided
     State in which the invitation to tender is issued       for by this Regulation .
     during a period from the Wednesday of one week          2.     It shall forthwith communicate to the Commis­
     to the Tuesday of the following week being the          sion the list of firms which have responded to the invi­
     period immediately preceding the closing date for       tation to tender, specifying the terms of each tender,
     submission of tenders .                                 together with the name and business name of the
                                                             successful tenderer.
                        Article 4
                                                             3. Where the customs export formalities for the
The contract shall be awarded to the tenderer offering       mobilized product are completed in a Member State
the best terms .                                             other than that in which the invitation to tender is
                                                             issued, the intervention agency of the latter Member
However, if the tenders submitted do not appear to           State shall be responsible for the operations following
reflect normal market prices and costs, the interven­        tendering, including payment to the successful
tion agency may cancel the invitation to tender.             tenderer.
                        Article 5                             In such case, the intervention agency choosing the
                                                             successful tenderer shall immediately inform the inter­
 1 . The tenderer shall give security of a value of 10       vention agency of the Member State concerned and
units of account per tonne of the product ; for the          shall supply it with all the information which it may
successful tenderer the security is intended to              require.
 ---pagebreak--- 19 . 11 . 77                       Official Journal of the European Communities                         No L 296/21
Furthermore, the amount of the successful tender             5.    when the intervention agency responsible for
shall be paid after it has been converted using the          the operations relating to tendering is not the interven­
average of the spot rates referred to in the second          tion agency which appoints the successful tenderer, it
subparagraph of Article 3 (2) to the tenderer in the         shall send as soon as possible to the latter the informa­
currency of the Member State in which the operations         tion necessary for releasing the security.
relating to the tendering are completed.
4. The intervention agency shall request the                                         Article 8
successful tenderer to supply the following informa­
tion :
                                                             As regards this tender the intervention agency is auth­
(a) after each shipment, a statement giving details of       orized to make an initial payment of 80 % of the
     the quantities loaded, the quality of the products      value of the quantity given in the bill of lading, on
     and the type of packing ;                                presentation of that document and subject to the
(b) the date of the departure of the ships ; the esti­        taking of a security for an amount equal to the initial
     mated date of arrival of the products at their desti­    payment.
     nation ;
(c) all possible contingencies which might occur                                      Article 9
     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, 18 November 1977 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President