31973R3132

No L 319 / 14 Official Journal of the European Communities 20 . 11 . 73

REGULATION (EEC) No 3132/73 OF THE COMMISSION of 19 November 1973 opening an invitation to tender for the mobilization of milled rice as food aid for the Democratic Republic of Somalia

THE COMMISSION OF THE EUROPEAN Whereas the Commission must be informed quickly COMMUNITIES, of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to the Treaty establishing the European Economic Community ; Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ Having regard to Council Regulation No 359/ ment Committee for Cereals, 67/EEC (1) of 25 July 1967 on the common organiza­ tion of the market in rice, as last amended by the Act of Accession (2) ; HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 1 693/72 (3) of 3 August 1972 laying down the condi­ tions for the mobilization of cereals as food aid, and Article 1 in particular Article 6 thereof ; Whereas on 15 October 1973 the Council of the Euro­ 1 . Tenders are hereby invited for the supply to the Democratic Republic of Somalia by way of Commu­ pean Communities declared that it proposed, by way nity action, of 3 875 metric tons of round-grained of Community action, to grant the equivalent of 5 000 milled rice . metric tons of husked rice, (in other words, 3 875 metric tons of round-grained milled rice) to the 2. The tendering procedure shall take place in Italy Democratic Republic of Somalia under its 1971 /72 in one lot. The products shall be mobilized on the food aid programme ; Community market. The products shall be loaded for departure from the Community ports listed in Annex Whereas analysis of the state of the Community rice I. market indicates that the criteria of Article 3 (3) of Council Regulation (EEC) No 1693/72 should be applied and that the products should be purchased on 3 . The invitation to tender provided for in para­ the Community market ; graph 1 is for supply of products delivered caf that is to say, actually placed on the quay in one of the ports Whereas the proposed invitation to tender should be of unloading listed in Annex II. for supply of the products cif, that is to say actually placed on the quay at the port of unloading ; 4. The successful tenderer shall deliver the product specified in paragraph 1 cif to one of the ports listed Whereas the award under the invitation to tender in Annex II in new jute sacks of a net capacity of 50 must be made to the tenderer offering the best terms ; kilogrammes.

Whereas, should force majeure make it impossible to The following shall be printed on the sacks : complete the operation in question within the time 'Milled rice — gift of the European Economic limits specified, it must be made clear who is to bear Community' the liability for any resulting costs ; Article 2 Whereas provision should be made for security to be given for the purpose of guaranteeing that the obliga­ 1 . The decision on tenders received in response to tion arising by virtue of participation in the invitation the invitation provided for in Article 1 shall be taken to tender for supplies to the Democratic Republic of on 3 December 1973 . Somalia will be fulfilled ; 2. The closing date for the submission of tenders Whereas the Italian intervention agency should, in shall be 3 December 1973 at 12 noon . any event, be made responsible for the tendering procedure ; 3 . The notice of invitation to tender shall be published in the Official Journal of the European (') OJ No 174, 31 . 7. 1967, p. 1 . (2) OJ No L 73, 27. 3 . 1972, p. 14. Communities not less than 10 days before the closing (3) OJ No L 178, 5. 8 . 1972, p. 3. date for the submission of tenders.

20 . 11 . 73 No L 319 / 15 Official Journal of the European Communities

Article J — Yellow grains : 0·050 % — Amber grains : 0·125 % maximum . The contract shall be awarded to the tenderer offering the best terms . Rice not meeting these requirements shall be refused.

However, if the tenders submitted do not appear to 2. Tenders for supply to the Democratic Republic correspond to normal market prices and costs, the of Somalia of the round-grained milled rice referred to intervention agency may cancel the invitation to in Article 1 must relate to a product with the tender. following characteristics : nedennaevnte Moisture : 15% Article 4 — Broken rice : 5 % maximum — Chalky grains : 3 % maximum 1 . The successful tenderer shall give security of a — Grains striated with red : 3 % maximum value of 10 units of account per metric ton ; the secu­ — Spotted grains : 1 % maximum rity is intended to guarantee that the operations speci­ — Stained grains : 0·5 % maximum fied in Article 1 are duly completed. The security — Yellow grains : 0·050 % maximum shall be forfeit if those operations are not carried out — Amber grains : 0·125 % maximum . within the prescribed time limit, save as regards quan­ tities not delivered owing to force majeure. Article 6 2. The security provided for in paragraph 1 may be 1 . The Italian intervention agency shall be respon­ given in the form of a cash deposit or of a guarantee sible for the operations relating to the invitations to issued by a credit institution conforming to the tender provided for by this Regulation . criteria laid down by the Member State. artikel 1 , 5 2 . It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ 1 . The round-grained milled rice referred to in tation to tender, specifying the terms of each tender, Article 1 to be supplied to the Democratic Republic together with the name and business name of the of Somalia must meet the following requirements : successful tenderer. — Moisture : 1 5 % — Broken rice : 5 % maximum Article 7 — Chalky grains : 3 % maximum — Grains striated with red : 3 % maximum This Regulation shall enter into force on the day of its — Spotted grains : 1 % maximum publication in the Official Journal of the European — Stained grains : 0·50 % maximum Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 19 November 1973 .

For the Commission

The President

François-Xavier ORTOLI

No L 319/ 16 Official Journal of the European Communities 20 . 11 . 73

ANNEX 1

Minimum rate of loading Number of lot Port from which consigned Tonnage fob per day

1 Community ports Customs of the port 3 875 metric tons

ANNEX II

Number of lot Port of unloading Minimum rate of unloading Tonnage cif

3 875 1 Mogadiscio Customs of the port metric tons