31974R2403

No L 256/ 18 Official Journal of the European Communities 21 . 9 . 74

REGULATION (EEC) No 2403 /74 OF THE COMMISSION of 20 September 1974 opening an invitation to tender for the mobilization of long grain milled rice as food aid for the United Nations High Commission for Refugees

THE COMMISSION OF THE EUROPEAN Whereas the measures provided for in this Regulation COMMUNITIES, are in accordance with the Opinion of the Manage­ ment Committee for Cereals, Having regard to the Treaty establishing the European Economic Community ;

HAS ADOPTED THIS REGULATION : Having regard to Council Regulation No 359/ 67/EEC (^ of 25 July 1967 on the common organiza­ tion of the market in rice, as last amended by the Act Article 1 of Accession (2) ; 1 . Tenders are hereby invited for the supply to the Having regard to Council Regulation (EEC) No United Nations High Commission for Refugees by 16^3/72 (3) of 3 August 1972 laying down the condi­ way of Community action, of 300 metric tons of long tions for the mobilization of cereals as food aid , and grain milled rice. in particular Article 6 thereof ; 2. The tendering procedure shall take place in Italy Whereas on 21 March 1974 the Council of the Euro­ in one lot. The product shall be mobilized on the pean Communities declared that it proposed, by way Community market. The products shall be loaded for of Community action, to grant the equivalent of 435 departure from a port of the Mediterranean Sea. metric tons of husked rice, (in other words, 300 metric tons of long grain milled rice) to the United Nations 3 . The product referred to in paragraph 1 is to be High Commissioner for Refugees under its 1973/74 delivered in new cotton sacks of a net capacity of 50 food aid programme ; kilogrammes to the port of shipment in the vicinity of the vessel . The goods must be set down at the place Whereas pursuant to Article 3 (3) of Council Regula­ nominated by the recipient country or its agent, the tion (EEC) No 1693/72 the goods may be purchased timing of delivery being settled by the tenderer and anywhere on the Community market ; the recipient country's agent. Whereas tenders should be invited for the supply of The following shall be printed on the sacks : the product to the port of shipment in the vicinity of the vessel, the goods to be set down at the place nomi­ 'Milled rice — gift of the European Community to nated by the recipient or its agent ; the UNHCR for free distribution to Cyprus popula­ tion .' Whereas the award under the invitation to tender must be made to the tenderer offering the best terms ; Article 2 Whereas, should force majeure make it impossible to complete the operation in question within the time 1 . The decision on tenders received in response to limits specified, it must be made clear who is to bear the invitation provided for in Article 1 shall be taken the liability for any resulting costs ; on 30 September 1974.

Whereas provision should be made for security to be 2. The closing date for the submission of tenders given for the purpose of guaranteeing that the obliga­ shall be 30 September 1974 at 12 noon . tion arising by virtue of participation in the invitation 3 . The notice of invitation to tender shall be to tender for supplies to the United Nations High Commission for Refugees will be fulfilled ; published in the Official Journal of the European Communities not less than six days before the closing Whereas the Italian intervention agency should be date for the submission of tenders . made responsible for the tendering procedure ;

Whereas the Commission must be informed quickly Article 3 of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; The contract shall be awarded to the tenderer offering the best terms . (•) OJ No 174, 31 . 7 . 1967, p. 1 . (2) OJ No L 73 , 27 . 3 . 1972, p. 14. However, if the tenders submitted do not appear to (3 ) OJ No L 178 , 5 . 8 . 1972, p. 3 . correspond to normal market prices and costs, the

21 . 9 . 74 Official Journal of the European Communities No L 256/ 19

intervention agency may cancel the invitation to — stained grains : 0-5 % maximum ; tender. — yellow grains : 0-050 % maximum ; « — amber grains : 0-125 % maximum . Article 4

If the tenderer is unable to deliver the goods in Article 7 compliance with Article 1 (3) on the date given in the notice of invitation to tender as a result of the late 1 . The Italian intervention agency shall be respon­ availability of the vessels to be used for sea transporta­ sible for the operations relating to the invitation to tion, the resulting costs shall be borne by the interven­ tender provided for by this Regulation . tion intervention agency. 2. It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ Article 5 tation to tender, specifying the terms of each tender, together with the name and business name of the 1 . The successful tenderer shall give security in an successful tenderer. amount of 10 units of account per metric ton of goods ; the purpose of such security is to guarantee 3 . On the other hand, if the successful tenderer is performance of the operations specified in Articles 1 established in a Member State other than the one and 6. The security shall be forfeit if those operations collecting the tenders, and if the product is dispatched are not carried out within the time stipulated, save as through a frontier post of the Member State where the regards quantities not delivered for reasons of force successful tenderer is established, the intervention majeure. agency of the latter Member State shall be responsible for the operations relating to the tendering. 2. The security referred to in paragraph 1 may be given in the form of a cash deposit or of a guarantee In this case, the intervention agency choosing the issued by credit institution which satisfies the criteria successful tenderer shall immediately inform the inter­ laid down by each Member State. vention agency of the Member State concerned and shall supply it with all the information which it may require . Article 6 4. The intervention agency shall request the 1 . The long grain milled rice referred to in Article successful tenderer to supply the following informa­ 1 to be supplied to the United Nations High Commis­ tion : sion for Refugees must meet the following require­ ments : (a) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; — moisture : 1 5 % ; — broken rice : 5 % maximum ; (b) the date of departure of the vessels . — chalky grains : 3 % maximum ; The information indicated above shall be forwarded — grains striated with red : 3 % maximum ; by the intervention agency to the Commission imme­ — spotted grains : 1 % maximum ; diately upon receipt. stained grains : 0-50 % maximum ; — yellow grains : 0-050 % maximum ; Article 8 — amber grains : 0-125 % maximum . On delivery of the goods at the port of shipment, a Rice not meeting these requirements shall be refused. handing-over certificate shall be supplied to the successful, tenderer, acting as agept for the Commu­ 2. Tenders for supply to the United Nations High nity, by the agent of the recipient country or, in the Commission for Refugees of the long grain milled absence of the latter, by the intervention agency of the rice referred to in Article 1 must relate to a product Member State in whose territory the port of shipment with the following characteristics : is situated .

— moisture : 1 5 % ; — broken rice 5 % maximum ; A rticle 9 — chalky grains : 3 % maximum ; This Regulation shall enter into force on the day of its — grains striated with red : 3 % maximum ; publication in the Official Journal of the European — spotted grains : 1 % maximum ; Communities.

No L 256/20 Official Journal of the European Communities 21 . 9 . 74

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 Fi;an?ois-Xavier ORTOLI