31976R0317

No L 39/ 16 14. 2. 76 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 317/76

of 13 February 1976

opening an invitation to tender for the mobilization milled rice as food aid for the Democratic Republic of Somalia

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 the Democratic Republic of Somalia will be fulfilled ; Economic Community,

Having regard to Council Regulation No 359/67/EEC Whereas the Italian intervention agency should be of 25 July 1967 on the common organization of the made responsible for the tendering procedure ; market in rice (!), as last amended by Regulation (EEC) No 668/75 (2), Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to Council Regulation (EEC) No and of those accepted by the intervention agency ; 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3), and Whereas the Monetary Committee will be consulted ; in particular Article 6 thereof, whereas, in view of the urgency, the measures envis­ aged should be adopted in accordance with the condi­ Whereas on 18 March 1975 the Council of the Euro­ tions laid down in Article 3 (2) of Council Regulation pean Communities declared that it proposed, by way No 129 on the value of the unit of account and the of Community action, to grant the equivalent of 8 000 exchange rates to be applied for the purposes of the metric tons of husked rice (in other words, 6 200 common agricultural policy (4), as last amended by metric tons of round grain milled rice) to the Democ­ Regulation (EEC) No 2543/73 (5), and in particular ratic Republic of Somalia under its 1974/75 food-aid Article 3 thereof ; 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 delivered cif, that is at the HAS ADOPTED THIS REGULATION : moment when the goods are actually placed in lighter at the port of unloading ;

Whereas in view of the different monetary circum­ Article 1 stances in the Member States, the observation of these conditions is not guaranteed by the application of 1 . Tenders are hereby invited for the supply to the exchange rates applicable in the framework of the Democratic Republic of Somalia, by way of Commu­ common agricultural policy since monetary compensa­ nity food-aid action, of 6 200 metric tons of round tory amounts do not apply in the rice sector ; whereas grain milled rice. it is advisable to take account of the monetary situa­ 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 Community market. The product shall be loaded for must be made to the tenderer offering the best terms ; departure from any Community port.

Whereas, should force majeure make it impossible to 3 . The invitation to tender provided for in para­ complete the operation in question within the time graph 1 is for supply of products delivered cif that is limits specified, it must be made clear who is to bear to say, actually placed in lighter of the port of Moga­ the liability for any resulting costs ; discio, (») OJ No 174, 31 . 7. 1967, p. 1 . (2) OJ No L 72, 20 . 3 . 1975, p. 18 . (4) OJ No 106, 30. 10. 1962, p. 2553/62. h) OJ No L 281 , 1 . 11 . 1975, p. 89. (5) OJ No L 263, 19 . 9 . 1973, p. 1 .

14. 2. 76 No L 39/ 17 Official Journal of the European Communities

4. The successful tenderer shall deliver the product Article 6 specified in paragraph 1 in new jute sacks lined with cotton sacks of a net capacity of 50 kilogrammes. 1 . The round grain milled rice referred to in Article 1 to be supplied to the Democratic Republic of The following shall be printed on the sacks : Somalia must meet the following requirements : 'Milled rice — gift of the European Community — to — moisture : 15% , be distributed free of charge.' — broken rice : 5 % maximum, — chalky grains : 3 % maximum, Article 2 — grains striated with red : 3 % maximum, — spotted grains : 1 % maximum, 1 . The decision on tenders received in response to — stained grains : 0-50 % maximum, the invitation provided for in Article 1 shall be taken on 1 March 1976 . — yellow grains : 0*050 % , — amber grains : 01 25 % maximum. 2. The closing date for the receipt of tenders shall be 1 March 1976 at 12 noon . Rice not meeting these requirements shall be refused.

3 . The notice of invitation to tender shall be 2. Tenders for supply to the Democratic Republic published in the Official Journal of the European of Somalia of the round grain milled rice referred to Communities not less than nine days before the in Article 1 must relate to a product with the closing date for submission of tenders. following characteristics :

— moisture : 15% , Article 3 — broken rice : 5 % maximum, 1 . The prices offered must be expressed in the — chalky grains : 3 % maximum, currency of the Member State in which the invitation — grains striated with red : 3 % maximum, to tender was issued . — spotted grains : 1 % maximum, — stained grains : 0-5 % maximum, 2. The rates used for converting into units of — yellow grains : 0-050 % maximum, account those offers made in national currencies shall — amber grains : 01 25 % maximum. be :

— the central rate in cases where the relevant Article 7 currency is held at any given moment within a band of 2-25 % , 1 . The Italian intervention agency shall be respon­ — in other cases the average spot exchange rate sible for organizing the invitation to tender provided during the period from Wednesday of one week to for by this Regulation . Tuesday of the following week and which immedi­ ately precedes the time limit for the submission of 2. It shall forthwith communicate to the Commis­ offers . sion the list of firms which have responded to the invi­ tation to tender, specifiying the terms of each tender, Article 4 together with the name and business name of the successful tenderer. The contract shall be awarded to the tenderer offering the best terms. 3. Where the customs export formalities for the mobilized product are completed in a Member State However, if the tenders submitted do not appear to other than that in which the invitation to tender is reflect normal market prices and costs, the interven­ issued, the intervention agency of the latter Member tion agency may cancel the invitation to tender. State shall be responsible for the operations following tendering, including payment to the successful Article 5 tenderer. 1 . The tenderer shall give security of a value of 10 In such case, the intervention agency choosing the units of account per metric ton of the product ; for successful tenderer shall immediately inform the inter­ the successful tenderer the security is intended to vention agency of the Member State concerned and guarantee that the operations specified in Article 1 are shall supply it with all the information which it may duly completed. The security shall be forfeited if those require . operations are not carried out within the prescribed time limit, save as regard quantities not delivered Furthermore, the amount of the successful tender owing to force majeure. shall be paid after it has been converted using the 2. The security required under paragraph 1 may be average of the spot rates referred to in the second provided in the form of a cash deposit or . of a subparagraph of Article 3(2) to the tenderer in the guarantee issued by a credit institution conforming to currency of the Member State in which the operations criteria laid down by each Member State . relating to the tendering are completed .

No L 39/ 18 14. 2. 76 . Official Journal of the European Communities

4. The intervention agency shall request the 5. when the intervention agency responsible for successful tenderer to supply the following informa­ the operations relating to tendering is not the interven­ tion : tion agency which appoints the successful tenderer, it shall send as soon as possible to the latter the informa­ (a) after each shipment, a statement giving details of tion necessary for releasing the security. the quantities loaded, the quality of the products and the type of packing ; (b) the date of the departure of the ships ; the esti­ mated date of arrival of the products at their desti­ nation ; Article 8 (c) all possible contingencies which might occur 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, 13 February 1976.

For the Commission

P.J. LARDINOIS

Member of the Commission