31974R2400

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 Community market. The products shall be loaded for tions for the mobilization of cereals as food aid, and 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 4. The successful tenderer shall deliver the product ratic Republic of Somalia under its 1972/73 food aid specified in paragraph 1 cif to the port of Berbera in programme ; 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 on 4 October 1974 . must be made to the tenderer offering the best terms ;

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 However, if the tenders submitted do not appear to of the tenders submitted in response to the invitation correspond to normal market prices and costs , the and of those accepted by the intervention agency ; intervention agency may cancel the invitation to tender . Whereas the measures provided for in this Regulation 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

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 In this case, the intervention agency choosing the 1 to be supplied to the Democratic Republic of successful tenderer shall immediately inform the inter­ Somalia must meet the following requirements : 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 tion : — stained grains : 0*50 % maximum ; — 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 .

Article6¶

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