CELEX: 31978R2638
Language: en
Date: 1978-11-10 00:00:00
Title: Commission Regulation (EEC) No 2638/78 of 10 November 1978 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)

11 . 11 . 78                        Official Journal of the European Communities                          No L 318/35
                                   COMMISSION REGULATION (EEC) No 2638/78
                                                  of 10 November 1978
               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 (!), as last amended by Regu­       Whereas the Commission must be informed quickly
 lation (EEC) No 1260/78 (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              Whereas the Monetary Committee will be consulted ;
 tions for the mobilization of cereals as food aid (3), and     whereas, in view of the urgency, the measures envis­
 in particular Article 6 thereof,                                aged should be adopted in accordance with the condi­
                                                                 tions laid down in Article 3 (2) of Council Regulation
Whereas on 30 January 1978 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 65             common agricultural policy (4), as last amended by
 tonnes of husked rice (in other words 50 tonnes of             Regulation (EEC) No 2543/73 (5), and in particular
 round grain milled rice) to UNRWA under its                    Article 3 thereof ;
 1977/78 food-aid 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 to the dock or in the
                                                                HAS ADOPTED THIS REGULATION :
 lighter where applicable at the port of unloading ;
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
common agricultural policy since monetary compensa­              1 . Tenders are hereby invited for the supply to
tory amounts do not apply in the rice sector ; whereas          UNRWA by way of Community food-aid action, of 50
it is advisable to take account of the monetary situa­          tonnes of round 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 to the dock, or in
the liability for any resulting costs ;                         the lighter where applicable in one of the ports of
                                                                Lattakia, Tartous, Beyrouth or Tripoli.
(») OJ No L 166, 25. 6. 1976, p. 1 .
(2) OJ No L 156, 14. 6. 1978, p. 11 .                           (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 318 /36                       Official Journal of the European Communities                              11 . 11 . 78
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 to UNRWA / For free distribution to Palestine            provided in the form of a cash deposit or of a
refugees.'                                                   guarantee issued by a credit institution conforming to
                                                              cirteria laid down by each Member State.
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty                                       Article 6
sacks, of the same quality as those containing the
goods but with the printing followed by a capital             1 . The round grain milled rice referred to in Article
letter 'R'.                                                   1 to be supplied to UNRWA must meet the following
                                                              requirements :
                         Article 2                            — moisture : 15% ,
                                                              — broken rice : 5 % maximum,
 1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken       —    chalky grains : 5 % maximum,
on 27 November 1978 .                                         —    grains striated with red : 3 % maximum,
                                                              —    spotted grains : 1 .5 % maximum,
2.      The closing date for submission of tenders shall      —    stained grains : 1 % maximum,
be 27 November 1978 at 12 noon .                              —    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             Rice not meeting these requirements shall be refused.
 Communities not less than nine days before the
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 :
                                                              — moisture : 15% ,
 1 . The prices offered must be expressed in the              — broken rice : 5 % maximum,
 currency of the Member State in which the invitation         —    chalky grains : 5 % maximum,
 to tender was issued.
                                                              —    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
                                                                                        Article 7
      2.25 % , a conversion rate resulting from their
      central rate,                                            1 . The Italian intervention agency shall be respon­
— in other cases, the average of the spot rates of the         sible for organizing the invitation to tender provided
      currencies concerned recorded in the Member              for by this Regulation.
      State in which the invitation to tender is issued
                                                               2.    It shall forthwith communicate to the Commis­
      during a period from the Wednesday of one week
      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
                                                               other than that in which the invitation to tender
 the best terms.
                                                               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--- 11 . 11 . 78                       Official Journal of the European Communities                         No L 318/37
Furthermore the amount of the successful tender shall        5. When the intervention agency responsible for
be paid after it has been converted using the average        the operations relating to tendering is not the interven­
of the spot rates referred to in the second subpara­         tion agency which appoints the successful tenderer, it
graph of Article 3 (2) to the tenderer in the currency       shall send as soon as possible to the latter the informa­
of the Member State in which the operations relating         tion necessary for releasing the security.
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
(a) after each shipment, a statement giving details of       authorized 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, 10 November 1978 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President