31976R1127

No L 127 / 28 15.5.76 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1127/76 of 14 May 1976 opening an invitation to tender for the mobilization of milled rice as food aid for the United Nations Relief and Works Agency for Palestine (UNRWA)

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 to tender for supplies to UNRWA will be fulfilled ; Having regard to the Treaty establishing the European Economic Community, Whereas the Italian intervention agency should be Having regard to Council Regulation No 359/67/EEC made responsible for the tendering procedure ; of 25 July 1967 on the common organization of the market in rice (!), as last amended by Regulation Whereas the Commission must be informed quickly (EEC) No 832/76 (2), of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi­ Whereas the Monetary Committee will be consulted ; tions for the mobilization of cereals as food aid (3), and whereas, in view of the urgency, the measures envis­ in particular Article 6 thereof, aged should be adopted in accordance with the condi­ tions laid down in Article 3 (2) of Council Regulation Whereas on 25 March 1976 the Council of the Euro­ No 129 on the value of the unit of account and the pean Communities declared that it proposed, by way exchange rates to be applied for the purposes of the of Community action , to grant the equivalent of 110 common agricultural policy (4), as last amended by metric tons of husked rice (in other words 85 metric Regulation (EEC) No 2543/73 (5), and in particular tons of round grain milled rice) to UNRWA under its Article 3 thereof ; 1975/76 food-aid programme ;

Whereas the measures provided for in this Regulation Whereas purusant 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 Lattakia, that is at the moment when the goods are actually placed on HAS ADOPTED THIS REGULATION : the dock or in the lighter where applicable ;

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 exchange rates applicable in the framework of the 1 . Tenders are hereby invited for the supply to common agricultural policy since monetary compensa­ UNRWA by way of Community food-aid-action, of tory amounts do not apply in the rice sector ; whereas 85 metric tons of round 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 complete the operation in question within the time 3 . The invitation to tender provided for in para­ limits specified, it must be made clear who is to bear graph 1 is for supply of products delivered Lattakia, the liability for any resulting costs ; that is at the moment when the goods are actually placed on the dock or in the lighter where applicable. (!) OJ No 174, 31 . 7. 1967, p. 1 . (2) OJ No L 100, 14. 4. 1976, p. 1 . (4) OJ No 106, 30 . 10 . 1962, p . 2553/62. (}) OJ No L 281 , 1 . 11 . 1975, p . 89 . (5) OJ No L 263, 19 . 9 . 1973, p. 1 .

15.5.76 No L 127/29 Official Journal of the European Communities

4. The successful tenderer shall deliver the product guarantee issued by a credit institution conforming to in new jute sacks of a net capacity of 50 kg. criteria laid down by each Member State.

The following shall be printed on the sacks : Article 6 'Milled rice — Gift of the European Economic Community to UNRWA — For Palestine refugees.' 1 . The round grain milled rice referred to in Article 1 to be supplied to UNRWA must meet the following Article 2 requirements : 1 . The decision on tenders received in response to — moisture : 15 % , the invitation provided for in Article 1 shall be taken — broken rice : 5 % maximum, on 31 May 1976. — chalky grains : 3 % maximum, — grains striated with red : 3 % maximum, 2. The closing date for submission of tenders shall — sp6tted grains : 1 % maximum, be 31 May 1976 at 12 noon . — stained grains : 0-50 % maximum, 3 . The notice of invitation to tender shall be — yellow grains : 0-050 % , — amber grains : 0-125 % maximum . published in the Official Journal of the European Communities not less than nine days before the Rice not meeting these requirements shall be refused. closing date for submission of tenders. 2. Tenders for supply to UNRWA of the round Article 3 grain milled rice referred to in Article 1 must relate to a product with the following characteristics : 1 . The prices offered must be expressed in the currency of the Member State in which the invitation — moisture : 15 % , to tender was issued . — broken rice : 5 % maximum, — chalky grains : 3 % maximum, 2. The rates used for converting into units of — grains striated with red : 3 % maximum, account those offers made in national currencies shall — spotted grains : 1 % maximum, be : — stained grains : 0-5 % maximum, — in the case when the currencies concerned are — yellow grains : 0-050 % maximum, kept at any given moment within a band of — amber grains : 0-125 % maximum . 2-25 % , a conversion rate resulting from their central rate, Article 7 — in other cases, the average of the spot rates of the currencies concerned recorded in the Member 1 . The Italian intervention agency shall be respon­ State in which the invitation to tender is issued sible for organizing the invitation to tender provided during a period from the Wednesday of one week for by this Regulation . to the Tuesday of the following week being the 2 . It shall forthwith communicate to the Commis­ period immediately preceding the closing date for submission of tenders . sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, together with the name and business name of the Article 14 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 in which the invitation to tender is issued, reflect normal market prices and costs, the interven­ the intervention agency of the latter Member State tion agency may cancel the invitation to tender. shall be responsible for the operations following tendering, including payment to the successful tenderer. Article 5 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 it may require. duly completed. The security shall be forfeited if those Furthermore, the amount of the successful tender operations are not carried out within the prescribed shall be paid after it has been converted using the time limit, save as regard quantities not delivered average of the spot rates referred to in the second owing to force majeure. subparagraph of Article 3 (2) to the tenderer in the 2. The security required under paragraph 1 may be currency of the Member State in which the operations provided in the form of a cash deposit or of a relating to the tendering are completed.

No L 127/30 15.5.76 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, 14 May 1976.

For the Commission

P. J. LARDINOIS Member of the Commission