31974R2788

5 . 11 . 74 Official Journal of the European Communities No L 297/ 13

REGULATION ( EEC) No 2788 / 74 OF THE COMMISSION of 31 October 1974 opening an invitation to tender for the mobilization of long grain 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 (') of 25 July 1967 on the common organiza­ tion of the market in rice, as last amended by Regula­ tion (EEC) No 1 1 29/74 (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 21 March 1974 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 of Community action , to grant the equivalent of 2 500 nity action , of 1 725 metric tons of long grain milled rice . metric tons of husked rice (in other words, 1 725 metric tons of long grain milled rice) to the Democ­ ratic Republic of Somalia under its 1973/74 food-aid 2 . The tendering procedure shall take place in Italy programme ; in one lot. The product shall be mobilized on the Community market . The products shall be loaded for Whereas pursuant to Article 3 (3) of Council Regula­ departure from Naples or Genoa . tion (EEC) No 1693/72 the goods may be purchased anywhere on the Community market ; 3 . The product referred to in paragraph 1 is to be delivered in new jute sacks of a net capacity of 50 kilo­ Whereas tenders should be invited for the supply of grammes to the port of shipment in the vicinity of the the product to the port of shipment in the vicinity of vessel . The goods must be set down at the place nomi­ the vessel , the goods to be set down at the place nomi­ nated by the recipient country or its agent, the timing nated by the recipient or its agent ; of delivery being settled by the tenderer and the recip­ ient country's agent. Whereas the award under the invitation to tender must be made to the tenderer offering the best terms ; The following shall be printed on the sacks :

'Milled rice — gift of the European Community'. Whereas, should force majeure make it impossible to complete the operation in question within the time limits specified , it must be made clear who is to bear the liability for any resulting costs ; Article 2

Whereas provision should be made for security to be 1 . The decision on tenders received in response to given for the purpose of guaranteeing that the obliga­ the invitation provided for in Article 1 shall be taken tion arising by virtue of participation in the invitation on 18 November 1974 . to tender for supplies to the Democratic Republic of Somalia will be fulfilled ; 2 . The closing date for the submission of tenders shall be 18 November 1974 at 12 noon . Whereas the Italian intervention agency should 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 128 , 10 . 5 . 1974, p. 20 . Communities not less than nine days before the (*) OJ No L 178 , 5 . 8 . 1972, p. 3 . closing date for the submission of tenders .

No L 297 / 14 Official Journal of the European Communities 5 . 11 . 74

Article 3 — chalky grains : 3 % maximum ; — grains striated with red : 3 % maximum ; The contract shall be awarded to the tenderer offering — spotted grains : 1 % maximum ; the best terms . — stained grains : 0-50 % maximum ; — yellow grains : 0-050 % maximum ; However, if the tenders submitted do not appear to — amber grains : 0-125 % maximum . correspond to normal market prices and costs, the intervention agency may cancel the invitation to Article 7 tender . 1 . The Italian intervention agency shall be respon­ sible for the operations relating to the invitations to Article 4 tender provided for by this Regulation .

If the tenderer is unable to deliver the goods in 2 . It shall forthwith communicate to the Commis­ compliance with Article 1 (3) on the date given in the sion the list of firms which have responded to the invi­ notice of invitation to tender as a result of the late tation to tender, specifying the terms of each tender, availability of the vessels to be used for sea transporta­ together with the name and business name of the tion , the resulting costs shall be borne by the interven­ successful tenderers . tion agency . 3 . On the other hand , if the successful tenderer is established in a Member State other than the one Article 5 collecting the tenders, and if the product is dispatched through a frontier post of the Member State where the 1 . The successful tenderer shall give security in an successful tenderer is established , the intervention amount of 10 units of account per metric ton of agency of the latter Member State shall be responsible goods ; the purpose of such security is to guarantee for the operations relating to tendering. performance of the operations specified in Articles 1 I and 6 . The security shall be forfeit if those operations In this case, the intervention agency choosing the are not carried out within the time stipulated, save as successful tenderer shall immediately inform the inter­ regards quantities not delivered for reasons of force vention agency of the Member State concerned and majeure. shall supply it with all the information which it may require . 2. The security referred to in paragraph 1 may be given in the form of a cash deposit or of a guarantee 4 . The intervention agency shall request the issued by a credit institution which satisfies the successful tenderer to supply the following informa­ criteria laid down by each Member State . tion :

(a) after each shipment a certificate showing the quan­ Article 6 tities dispatched and the quality of the products ; (b) the date of departure of the vessels . 1 . The long grain milled rice referred to in Article 1 to be supplied to the Democratic Republic of The information indicated above shall be forwarded Somalia must meet the following requirements : by the intervention agency to the Commission imme­ — moisture : 1 5 % ; diately upon receipt. — broken rice : 5 % maximum ; Article 8 — chalky grains : 3 % maximum ; — grains striated with red : 3 % maximum ; On delivery of the goods at the port of shipment, a — spotted grains : 1 % maximum ; handing-over certificate shall be supplied to the — stained grains : 0-50 % maximum ; successful tenderer, acting as agent for the Commu­ — yellow grains : 0-050 % ; nity, by the agent of the recipient country or, in the — amber grains : 0-125 % maximum . absence of the latter, by the intervention agency of the Member State in whose territory the port of shipment Rice not meeting these requirements shall be refused . is situated .

2. Tenders for supply to the Democratic Republic of Somalia of the long grain milled rice referred to in Article 9 Article 1 must relate to a product with the following characteristics : This Regulation shall enter into force on the day of its — moisture : 1 5 % ; publication in the Officii )/ Joimiitl of the European — broken rice : 5 % maximum ; Communities.

5 . 11 . 74 Official Journal of the European Communities No L 297 / 15

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

Done at Brussels, 31 October 1974. For the Commission

The President Francois-Xavier ORTOLI