31978R2638

11 . 11 . 78 No L 318/35 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2638/78 of 10 November 1978 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 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 (EEC) No made responsible for the tendering procedure ; 1418/76 of 21 June 1976 on the common organiza­ tion of the market in rice (!), as last amended by Regu­ Whereas the Commission must be informed quickly lation (EEC) No 1260/78 (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 30 January 1978 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 65 common agricultural policy (4), as last amended by tonnes of husked rice (in other words 50 tonnes of Regulation (EEC) No 2543/73 (5), and in particular round grain milled rice) to UNRWA under its Article 3 thereof ; 1977/78 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 to the dock or in the HAS ADOPTED THIS REGULATION : lighter where applicable at the port of unloading ;

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 50 tory amounts do not apply in the rice sector ; whereas 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 to the dock, or in the liability for any resulting costs ; the lighter where applicable in one of the ports of Lattakia, Tartous, Beyrouth or Tripoli. (») OJ No L 166, 25. 6. 1976, p. 1 . (2) OJ No L 156, 14. 6. 1978, p. 11 . (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 318 /36 11 . 11 . 78 Official Journal of the European Communities

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 to UNRWA / For free distribution to Palestine guarantee issued by a credit institution conforming to refugees.' cirteria laid down by each Member State. To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty Article 6 sacks, of the same quality as those containing the goods but with the printing followed by a capital 1 . The round grain milled rice referred to in Article letter 'R'. 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 : 5 % maximum, the invitation provided for in Article 1 shall be taken — grains striated with red : 3 % maximum, on 27 November 1978 . — spotted grains : 1 .5 % maximum, 2. The closing date for submission of tenders shall — stained grains : 1 % maximum, be 27 November 1978 at 12 noon . — yellow grains : 0.050 % maximum, — amber grains : 0.20 % 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 : 5 % maximum, to tender was issued. — 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, — amber grains : 0-20 % 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 — 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 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 submission of tenders . together with the name and business name of the successful tenderer. Article 4 3. Where the customs export formalities for the mobilized product are completed in a Member State The contract shall be awarded to the tenderer offering other than that in which the invitation to tender the best terms. 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.

In such case, the intervention agency choosing the Article 5 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.

11 . 11 . 78 Official Journal of the European Communities No L 318/37

Furthermore the amount of the successful tender shall 5. When the intervention agency responsible for be paid after it has been converted using the average the operations relating to tendering is not the interven­ of the spot rates referred to in the second subpara­ tion agency which appoints the successful tenderer, it graph of Article 3 (2) to the tenderer in the currency shall send as soon as possible to the latter the informa­ of the Member State in which the operations relating tion necessary for releasing the security. 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 (a) after each shipment, a statement giving details of authorized 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 taking of a security for an amount equal to the initial (b) the date of the departure of the ships ; the esti­ payment. mated date of arrival of the products at their desti­ 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 Communities. diately upon receipt.

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

Done at Brussels, 10 November 1978 .

For the Commission Finn GUNDELACH Vice-President