31977R1243

No L 144/8 Official Journal of the European Communities 11 . 6 . 77

COMMISSION REGULATION ( EEC) No 1243/77 of 10 June 1977 opening an invitation to tender for the mobilization of milled rice as food aid for the Democratic Republic of Somalia

THE COMMISSION OF THE EUROPEAN tion arising by virtue of participation in the invitation COMMUNITIES, to tender for supplies to the Democratic Republic of Somalia will be fulfilled ; Having regard to the Treaty establishing the European Economic Community, Whereas the Italian intervention agency should be made responsible for the tendering procedure ; Having regard to Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organiza­ Whereas the Commission must be informed quickly tion of the market in rice ( J ), 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 (2), 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 No 129 on the value of the unit of account and the Whereas on 8 February 1977 the Council of the Euro­ exchange rates to be applied for the purposes of the pean Communities declared that it proposed, by way common agricultural policy (3), as last amended by of Community action , to grant the equivalent of 5 000 Regulation (EEC) No 2543/73 (4), and in particular tonnes of husked rice (in other words, 3 875 tonnes of Article 3 thereof ; round grain milled rice) to the Democratic Republic of Somalia under its 1976/77 food-aid 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 ment Committee for Cereals, tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ;

Whereas the proposed invitation to tender should be HAS ADOPTED THIS REGULATION : for supply of the products delivered in the ship's hold 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 3 875 tonnes of round grain tory amounts do not apply in the rice sector ; whereas 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 in one lot. The product shall be mobilized on the Whereas the award under the invitation to tender 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 in the limits specified, it must be made clear who is to bear ship's hold at the port of Berbera. The recipient the liability for any resulting costs ; country shall bear all costs subsequent to delivery of the goods, including unloading costs (such as Whereas provision should be made for security to be unstowing, hoisting and reception) and any lighterage given for the purpose of guaranteeing that the obliga­ costs .

(') OJ No L 166, 25 . 6. 1976, p . 1 . (3 ) OJ No 106, 30 . 10 . 1962, p. 2553/62. (2 OJ No L 281 , 1 . 11 . 1975, p. 89 . (4) OJ No L 263 , 19 . 9 . 1973, p. 1 .

11 . 6 . 77 Official Journal of the European Communities No L 144/ 9

4. The successful tenderer shall deliver the product intervention agency may cancel the invitation to specified in paragraph 1 in new jute sacks of a net tender. capacity of 50 kilograms.

Minimum weight of the sacks shall be 600 grams. The Article 5 following shall be printed on the sacks : 1 . The successful tenderer shall give security of a 'Rice — Gift of the European Economic Community to Somalia'. value of 10 units of account per tonne ; the security is intended to guarantee that the operations specified in Article 1 are duly completed . The security shall be To allow for the possibility of re-bagging, the forfeit if . those operations are not carried out within successful tenderer shall supply 2 % of new empty the prescribed time limit, save as regards quantities, sacks, of the same quality as those containing the not delivered owing to force majeure. goods but with the printing followed by a capital letter ' R'. 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 on 27 June 1977 . Article 6

2. The closing date for the submission of tenders 1 . The round grain milled rice referred to in Article shall be 27 June 19 77 at 12 noon . 1 to be supplied to the Democratic Republic of Somalia must meet the following requirements : 3 . The notice of invitation to tender shall be published in the Official Journal of the European — moisture : 15 % , Communities not less than nine days before the — broken rice : 5 % maximum , closing date for the submission of tenders. — chalky grains : 5 % maximum , — grains striated with red : 3 % maximum , — spotted grains : 1-5% maximum , Article 3 — stained grains : 1 % maximum, — yellow grains : 0-050 % maximum , 1 . The prices offered must be expressed in the — amber grains : 0-20 % maximum . currency of the Member State in which the invitation to tender was issued . Rice not meeting these requirements shall be refused . 2 . For the purpose of rendering the tenders compar­ 2 . Tenders for supply to the Democratic Republic able, the prices shall , where appropriate, be corrected of Somalia of the round grain milled rice referred to by the accession compensatory amount applicable on in Article 1 must relate to a product with the the closing date for submission of tenders to exports from the Member State mentioned in the tender . following characteristics :

— moisture : 15% , 3 . The rates used for converting into units of — broken rice : 5 % maximum , account those offers made in national currencies shall — chalky grains : 5 % maximum , be : — grains striated with red : 3 % maximum , — the central rate in cases where the relevant — spotted grains : 1-5% maximum , currency is held at any given moment within a — stained grains : 1 % maximum , band of 2-25 % , — yellow grains : 0-050 % maximum , — amber grains : 0-20 % maximum . — in other cases, the average spot exchange rate during the period from Wednesday of one week to Tuesday of the following week and which immedi­ Artie e 7 ately precedes the time limit for the submission of tenders . 1 . The Italian intervention agency shall be respon­ sible for organizing the invitation to tender provided Article 4 for by this Regulation .

2 . It shall forthwith communicate to the Commis­ The contract shall be awarded to the tenderer offering the best terms . sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, However, if the tenders submitted do not appear to together with the name and business name of the correspond to normal market prices and costs, the successful tenderer .

No L 144/ 10 Official Journal of the European Communities 11 . 6 . 77

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

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

Done at Brussels, 10 June 1977 . For the Commission Guido BRUNNER Member of the Commission