31976R2460

9 . 10 . 76 Official Journal of the European Communities No L 279 / 21

COMMISSION REGULATION ( EEC) No 2460/ 76 of 8 October 1976 opening an invitation to tender for the mobilization of round grain milled rice as food aid for the United Nations High Commission for Refugees

THE COMMISSION OF THE EUROPEAN tion to tender for supplies to the United Nations COMMUNITIES , High Commission for Refugees will be fulfilled ;

Having regard to the Treaty establishing the European Whereas the Italian intervention agency should be Economic Community, made responsible for the tendering procedure ;

Whereas the Commission must be informed quickly Having regard to Council Regulation (EEC) No of the tenders submitted in response to the invitation 1418 /76 of 21 June 1976 on the common organiza­ and of those accepted by the intervention agency ; tion of the market in rice ('),

Whereas the Monetary Committee will be consulted ; Having regard to Council Regulation (EEC) No whereas, in view of the urgency, the measures envis­ 2750/75 of 29 October 1975 laying down the condi­ aged should be adopted in accordance with the condi­ tions for the mobilization of cereals as food aid (2), and tions laid down in Article 3 (2) of Council Regulation in particular Article 6 thereof, No 129 on the value of the unit of account and the exchange rates to be applied for the purposes of the common agricultural policy ( 3), as last amended by Whereas on 27 July 1976 the Council of the Euro­ Regulation ( EEC) No 2543 /73 (4), and in particular pean Communities declared that it proposed, by way Article 3 thereof ; of Community action, to grant the equivalent of 3 000 metric tons of husked rice (in other words 2 325 metric tons of round grain milled rice) to the United Whereas the measures provided for in this Regulation Nations High Commissioner for Refugees under its are in accordance with the opinion of the Manage­ 1974/75 food aid programme ; ment Committee for Cereals ,

Whereas pursuant to Article 3 (3) of Council Regula­ tion ( EEC) No 2750 /75 the goods may be purchased HAS ADOPTED THIS REGULATION : anywhere on the Community market ;

Whereas the proposed invitation to tender should be Article 1 for supply of the products delivered Limassol, that is at the moment when the goods are actually placed on the dock or in the lighter where applicable ; 1 . Tenders are hereby invited for the supply to the United Nations High Commission for Refugees by way of Community action , of 2 325 metric tons of Whereas , in view of the different monetary circum­ round grain milled rice . stances in the Member States , the observation of these conditions is not guaranteed by the application of 2 . The tendering procedure shall take place in Italy exchange rates in the framework of the common agri­ in one lot . The product shall be mobilized on the cultural policy since monetary compensatory amounts Community market . The product shall be loaded for do not apply in the rice sector ; whereas it is advisable departure from any Community port . to take account of the monetary situation as regards different offers ; 3 . The invitation to tender provided for in para­ graph 1 is for supply of products delivered Limassol , Whereas the award under the invitation to tender that is at the moment when the goods are actually must be made to the tenderer offering the best terms ; placed on the dock or in the lighter where applicable .

Whereas provision should be made for security to be 4 . The successful tenderer shall deliver the product given for the purpose of guaranteeing that the obliga­ specified in paragraph 1 in new jute sacks, having a tions arising by virtue of participation in the invita­ net capacity of 50 kg .

(') OJ No L 166, 25 . 6 . 1976, p . 1 . ( 3 ) OJ No 106 , .W. 10 . 1962, p . 25.S.V62 . ( ; OJ No L 281 , 1 . 11 . 1975 , p . 89 . H OJ No L 263 , 19 . 9 . 1 973 , p . 1 .

No L 279 / 22 Official Journal of the European Communities 9 . 10 . 76

The following shall be printed on the sacks : within the prescribed time limit, save as regards quan­ tities not delivered owing to force majeure. 'Milled rice — Gift of the European Economic Community to the people of Cyprus.' 2. The security provided for in paragraph 1 may be given in the form of a cash deposit or of a guarantee Article 2 issued by a credit institution conforming to the criteria laid down by the Member State. 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken Article 6 on 25 October 1976 . 1 . The round grain milled rice referred to in Article 2. The closing date for the submission of tenders 1 to be supplied to the United Nations High Commis­ shall be 25 October 1976, at 12 noon . sion for Refugees must meet the following require­ ments : 3 . The notice to tender shall be published in the Official Journal of the European Communities not — moisture : 15% , less than nine days before the closing date for the — broken rice : 5 % maximum , submission of tenders . — chalky grains : 3 % maximum, — grains striated with red : 3 % maximum, Article 3 — spotted grains : 1 % maximum, 1 . The prices offered must be expressed in the — stained grains : 0-50 % maximum, currency of the Member State in which the invitation — yellow grains : 0-050 % maximum, to tender was issued . — amber grains : 0-125% maximum . 2. For the purpose of rendering the tenders compar­ Rice not meeting these requirements shall be refused. able, the prices shall, where appropriate, be corrected by the accession compensatory amount applicable on 2. Tenders for supply to the United Nations High the closing date for submission of tenders to exports Commission for Refugees of the round grain milled from the Member State mentioned in the tender. rice referred to in Article 1 must relate to a product with the following characteristics : 3 . The rates used for converting into units of account those offers made in national currencies shall — moisture : 15% , be : — broken rice : 5 % maximum , — the central rate in cases where the relevant — chalky grains : 3 % maximum, currency is held at any given moment within a — grains striated with red : 3 % maximum, band of 2-25 % , — spotted grains : 1 % maximum, — in other cases the average spot exchange rate — stained grains : 0-50 % maximum, during the period from Wednesday of one week to — yellow grains : 0 050 % maximum, Tuesday of the following week and which immedi­ ately precedes the time limit for the submission of — amber grains : 01 25 % maximum . tenders . Article 7 Article 4 1 . The Italian intervention agency shall be respon­ The contract shall be awarded to the tenderer offering sible for the operations relating to the invitation to the best terms . tender provided for by this Regulation .

2. It shall forthwith communicate to the Commis­ However, if the tenders submitted do not appear to correspond to normal market prices and costs, the sion the list of firms which have responded to the invi­ intervention agency may cancel the invitation to tation to tender, specifying the terms of each tender, tender . together with the name and business name of the successful tenderer.

Article 5 3 . Where the customs export formalities for the mobilized product are completed in a Member State 1 . The successful tenderer shall give security of a other than that in which the invitation to tender is value of 10 units of account per metric ton ; the secu­ issued, the intervention agency of the latter Member rity is intended to guarantee that the operations speci­ State shall be responsible for the operations following fied in Article 1 are duly completed . The security tendering, including payment to the successful ten­ shall be forfeit if those operations are not carried out derer .

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In such case, the intervention agency choosing the (c) all possible contingencies which might occur successful tenderer shall immediately inform the inter­ during transportation of the products. vention agency of the Member State concerned and shall supply it with all the information which it may The intervention agency shall transmit the informa­ require . tion provided for to the Commission as soon as it is Furthermore, the amount of the successful tender received . shall be paid after it has been converted using the average of the spot rates referred to in the second 5 . When the intervention agency responsible for subparagraph of Article 3 (3) to the tenderer in the the operations relating to tendering is not the interven­ currency of the Member State in which the operations tion agency which appoints the successful tenderer, it relating to the tendering are completed. shall send as soon as possible to the latter the informa­ tion necessary for releasing the security. 4. The intervention agency shall ask that the tenderer specifies the following information : (a) after each shipment, a statement giving details of Article 8 the quantities loaded, the quality of the products and their packaging ; (b) the date of the departure of the ships ; the This Regulation shall enter into force on the day of its expected date of arrival of the products at their publication in the Official Journal of the European destination ; Communities.

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

Done at Brussels, 8 October 1976 .

For the Commission P.J. LARDINOIS Member of the Commission