31977R0251

No L 34/34 Official Journal of the European Communities 5 . 2 . 77

COMMISSION REGULATION (EEC) No 251 /77 of 4 February 1977 opening a new 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 tory amounts do not apply in the rice sector ; whereas COMMUNITIES, it is advisable to take account of the monetary situa­ tion as regards different offers-;

Having regard to the Treaty establishing the European Whereas the award under the invitation to tender Economic Community, must be made to the tenderer offering the best terms ;

Having regard to Council Regulation (EEC) No Whereas, should force majeure make it impossible to 1418/76 of 21 June 1976 on the common organiza­ complete the operation in question within the time tion of the market in rice ( 1 ), limits specified, it must be made clear who is to bear the liability for any resulting costs ;

Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi­ Whereas provision should be made for security to be tions for the mobilization of cereals as food aid (2), and given for the purpose of guaranteeing that the obliga­ in particular Article 6 thereof, tion arising by virtue of participation in the invitation to tender for supplies to UNRWA will be fulfilled ;

Whereas on 3 March 1975 the Council of the Euro­ Whereas the Italian intervention agency should be pean Communities declared that it proposed, by way made responsible for the tendering procedure ; of Community action, to grant the equivalent of 200 tonnes of husked rice (in other words 171 tonnes of Whereas the Commission must be informed quickly round grain milled rice) to UNRWA under its of the tenders submitted in response to the invitation 1974/75 food-aid programme ; and of those accepted by the intervention agency ;

Whereas pursuant to Article 3 (3) of Council Regula­ Whereas the Monetary Committee will be consulted ; tion (EEC) No 2750/75 the goods may be purchased whereas, in view of the urgency, the measures envis­ anywhere on the Community market ; aged should be adopted in accordance with the condi­ tions laid down in Article 3 (2) of Council Regulation No 129 on the value of the unit of account and the Whereas the successful tenderer appointed under exchange rates to be applied for the purposes of the Commission Regulation (EEC) No 672/ 76 of 26 common agricultural policy (4), as last amended by March 1976 opening an invitation to tender for the Regulation (EEC) No 2543/73 (5), and in particular mobilization of milled rice as food aid for the United Article 3 thereof ; Nations Relief and Works Agency for Palestine (UNRWA) (3), has not been able to carry out the execu­ tion of this aid ; whereas it is necessary to open a new Whereas the measures provided for in this Regulation tender ; are in accordance with the opinion of the Manage­ ment Committee for Cereals,

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 171 tonnes of round grain milled rice. (») OJ No L 166, 25 . 6. 1976, p. 1 . (2) OJ No L 281 , 1 . 11 . 1975, p. 89 . (4) OJ No 106, 30 . 10 . 1962, p. 2553/62. 3 OJ No L 81 , 27. 3 . 1976, p. 15 . (5 ) OJ No L 263 , 19 . 9 . 1973, p. 1 .

5 . 2 . 77 Official Journal of the European Communities No L 34/ 35

2. The tendering procedure shall take place in Italy the successful tenderer the security is intended to in one lot. The product shall be mobilized on the guarantee that the operations specified in Article 1 are Community market. The product shall be loaded for duly completed. The security shall be forfeited if those departure from any Community port. operations are not carried out within the prescribed time limit, save as regard quantities not delivered 3 . The invitation to tender provided for in para­ owing to force majeure. graph 1 is for supply of products delivered Lattakia, that is at the moment when the goods are actually 2. The security required under paragraph 1 may be placed on the dock or in the lighter where applicable. provided in the form of a cash deposit or of a guarantee issued by a credit institution conforming to 4. The successful tenderer shall deliver the product criteria laid down by each Member State . in new jute sacks of a net capacity of 50 kg. Article 6 The following shall be printed on the sacks : 'Milled rice — Gift of the European Economic 1 . The round grain milled rice referred to in Article Community to UNRWA — For Palestine refugees.' 1 to be supplied to UNRWA must meet the following requirements : Article 2 — moisture : 15% , — broken rice : 5 % maximum , 1 . The decision on tenders received in response to — chalky grains : 3 % maximum , the invitation provided for in Article 1 shall be taken — grains striated with red : 3 % maximum, on 21 February 1977 . — spotted grains : 1 % maximum , 2. The closing date for submission of tenders shall — stained grains : 0 50 % maximum, be 21 February 1977 at 12 noon . — yellow grains : 0-050 % , — amber grains : 0-125 % maximum . 3 . The notice of invitation to tender shall be published in the Official Journal of the European Rice not meeting these requirements shall be refused. Communities not less than nine days before the 2 . Tenders for supply to UNRWA of the round closing date for submission of tenders . grain milled rice referred to in Article 1 must relate to a product with the following characteristics : Article 3 — moisture : 15 % , 1 . The prices offered must be expressed in the — broken rice : 5 % maximum , currency of the Member State in which the invitation — chalky grains : 3 % maximum , to tender was issued . — grains striated with red : 3 % maximum , — spotted grains : 1 % maximum, 2. The rates used for converting into units of — stained grains : 0-5 % maximum , account those offers made in national currencies shall — yellow grains : 0-050 % maximum , be : — amber grains : 0-125% maximum . — in the case when the currencies concerned are kept at any given moment within a band of Article 7 2-25 % , a conversion rate resulting from their central rate, 1 . The Italian intervention agency shall be respon­ sible for organizing the invitation to tender provided — in other cases, the average of the spot rates of the for by this Regulation . currencies concerned recorded in the Member State in which the invitation to tender is issued 2 . It shall forthwith communicate to the Commis­ during a period from the Wednesday of one week sion the list of firms which have responded to the invi­ to the Tuesday of the following week being the tation to tender, specifying the terms of each tender, period immediately preceding the closing date for together with the name and business name of the submission of tenders . successful tenderer . 3 . Where the customs export formalities for the Article 4 mobilized product are completed in a Member State The contract shall be awarded to the tenderer offering other than in which the invitation to tender is issued, the best terms . the intervention agency of the latter Member State shall be responsible for the operations following However, if the tenders submitted do not appear to tendering, including payment to the successful reflect normal market prices and costs, the interven­ tenderer . tion agency may cancel the invitation to tender. In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ Article 5 vention agency of the Member State concerned and 1 . The tenderer shall give security of a value of 10 shall supply it with all the information which it may units of account per metric ton of the product ; for require .

No L 34/36 Official Journal of the European Communities 5 . 2. 77

Furthermore, the amount of the successful tender (c) all possible contingencies which might occur shall be paid after it has been converted using the during transportation of the products. average of the spot rates referred to in the second The information indicated above shall be forwarded subparagraph of Article 3 (2) to the tenderer in the by the intervention agency to the Commission currency of the Member State in which the operations immediately upon receipt. relating to the tendering are completed. 5. When the intervention agency responsible for 4. The intervention agency shall request the the operations relating to tendering is not the interven­ successful tenderer to supply the following informa­ tion agency which appoints the successful tenderer, it tion : 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 Article 8 and the type of packing ; (b) the date of the departure of the ships ; the esti­ This Regulation shall enter into force on the day of its mated date of arrival of the products at their desti­ publication in the Official Journal of the European nation ; Communities.

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

Done at Brussels, 4 February 1977.

For the Commission

Finn GUNDELACH Vice-President