31977R2550

19 . 11 . 77 Official Journal of the European Communities No L 296/ 19

COMMISSION REGULATION ( EEC) No 2550 / 77 of 18 November 1977 opening an invitation to tender for the mobilization of milled rice as food aid for the United Nations Relief and Works Agency for Palestine Refugees (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 Having regard to the Treaty establishing the European to tender for supplies to UNRWA will be fulfilled ; Economic Community, Whereas the Italian intervention agency should be Having regard to Council Regulation (EEC) No made responsible for the tendering procedure ; 1418 /76 of 21 June 1976 on the common organiza­ tion of the market in rice (1 ), as amended by Regula­ Whereas the Commission must be informed quickly tion (EEC) No 1158 /77 (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 8 February 1977 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 220 common agricultural policy (4), as last amended by tonnes of husked rice (in other words 171 tonnes of Regulation (EEC) No 2543/73 (5), and in particular round grain milled rice) to UNRWA under its Article 3 thereof ; 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 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 Aqaba, 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 stances in the Member States, the observation of these Article 1 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 171 tonnes 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 Aqaba, that' the liability for any resulting costs ; is at the moment when the goods are actually placed on the dock or in the lighter where applicable . (') OJ No L 166, 25 . 6. 1976, p. 1 . ( 2) OJ No L 136, 2. 6. 1977, p. 13 . (4) OJ No 106, 30 . 10 . 1962, p . 2553/ 62. (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . (5 ) OJ No L 263 , 19 . 9 . 1973, p. 1 .

No L 296/ 20 Official Journal of the European Communities 19 . 11 . 77

4. The successful tenderer shall deliver the product guarantee that the operations specified in Article 1 are specified in paragraph 1 in new jute sacks of a net duly completed. The security shall be forfeited if those capacity of 50 kilograms. operations are not carried out within the prescribed time limit, save as regard quantities not delivered Minimum weight of the sacks shall be 600 grams. The owing to force majeure. following shall be printed on the sacks : 2. The security required under paragraph 1 may be 'Milled Rice/Gift of the European Economic Commu­ provided in the form of a cash deposit or of a nity/For free distribution to Palestine refugees.' guarantee issued by a credit institution conforming to To allow for the possibility of re-bagging, the criteria laid down by each Member State. successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the Article 6 goods but with the printing followed by a capital letter 'R.' 1 . The round grain milled rice referred to in Article 1 to be supplied to UNRWA must meet the following Article 2 requirements : — moisture : 15 % , 1 . The decision on tenders received in response to — broken rice : 5 % maximum, the invitation provided for in Article 1 shall be taken — chalky grains : 5 % maximum, on 5 December 1977 . — grains striated with red : 3 % maximum, — spotted grains : 1 -5 % maximum, 2. The closing date for submission of tenders shall be 5 December 1977 at 12 noon . — stained grains : 1 % maximum, — yellow grains : 0-050 % maximum, 3 . The notice of invitation to tender shall be — amber grains : 0-20 % 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 grain milled rice^ referred to in Article 1 must relate to Article 3 a product with the following characteristics : 1 . The prices offered must be expressed in the — moisture : 15% , currency of the Member State in which the invitation — broken rice : 5 % maximum , to tender was issued . — chalky grains : 5 % maximum, — grains striated with red : 3 % maximum, 2. The rates used for converting into units of — spotted grains : 1 -5 % maximum, account those offers made in national currencies shall — stained grains : 1 % maximum, be : — yellow grains : 0-050 % maximum, — in the case when the currencies concerned are — amber grains : 0-20 % maximum. kept at any given moment within a band of 2-25 % , a conversion rate resulting from their Article 7 central rate, 1 . The Italian intervention agency shall be respon­ — in other cases, the average of the spot rates of the sible for organizing the invitation to tender provided currencies concerned recorded in the Member for by this Regulation . State in which the invitation to tender is issued during a period from the Wednesday of one week 2. It shall forthwith communicate to the Commis­ to the Tuesday of the following week being the sion the list of firms which have responded to the invi­ period immediately preceding the closing date for tation to tender, specifying the terms of each tender, submission of tenders . together with the name and business name of the successful tenderer. Article 4 3. Where the customs export formalities for the The contract shall be awarded to the tenderer offering mobilized product are completed in a Member State the best terms . other than that in which the invitation to tender is issued, the intervention agency of the latter Member However, if the tenders submitted do not appear to State shall be responsible for the operations following reflect normal market prices and costs, the interven­ tendering, including payment to the successful tion agency may cancel the invitation to tender. tenderer.

Article 5 In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ 1 . The tenderer shall give security of a value of 10 vention agency of the Member State concerned and units of account per tonne of the product ; for the shall supply it with all the information which it may successful tenderer the security is intended to require .

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Furthermore, the amount of the successful tender 5. when the intervention agency responsible for shall be paid after it has been converted using the the operations relating to tendering is not the interven­ average of the spot rates referred to in the second tion agency which appoints the successful tenderer, it subparagraph of Article 3 (2) to the tenderer in the shall send as soon as possible to the latter the informa­ currency of the Member State in which the operations tion necessary for releasing the security. relating to the tendering are completed.

4. The intervention agency shall request the Article 8 successful tenderer to supply the following informa­ tion : As regards this tender the intervention agency is auth­ (a) after each shipment, a statement giving details of orized to make an initial payment of 80 % of the the quantities loaded, the quality of the products value of the quantity given in the bill of lading, on and the type of packing ; presentation of that document and subject to the (b) the date of the departure of the ships ; the esti­ taking of a security for an amount equal to the initial mated date of arrival of the products at their desti­ payment. nation ; (c) all possible contingencies which might occur Article 9 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, 18 November 1977 .

For the Commission

Finn GUNDELACH Vice-President