31979R0307

17 . 2 . 79 No L 42/ 17 Official Journal of the European Communities

COMMISSION REGULATION ( EEC ) No 307 / 79 of 16 February 1979 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 limits specified it must be made clear who is to bear COMMUNITIES , the liability for any resulting costs ;

Having regard to the Treaty establishing the European Whereas provision should be made for security to be Economic Community, given for the purpose of guaranteeing that the obliga­ tion arising by virtue of participation in the invitation Having regard to Council Regulation (EEC) No to tender for supplies to UNRWA will be fulfilled ; 1418 / 76 of 21 June 1976 on the common organiza­ tion of the market in rice ('), as amended by Regula­ Whereas the French intervention agency should be tion ( EEC) No 1260 / 78 (2 ), made responsible for the tendering procedure in ques­ tion ; Having regard to Council Regulation (EEC) No 2750 /75 of 29 October 1975 laying down the condi­ Whereas the Commission must be informed quickly tions for the mobilization of cereals as food aid (3), and of the tenders submitted in response to the invitation in particular Article 6 thereof, and of those accepted by the intervention agency ;

Having regard to the opinion of the Monetary Whereas the measures provided for in this Regulation Committee , are in accordance with the opinion of the Manage­ ment Committee for Cereals, Whereas on 30 January 1978 the Council of the Euro­ pean Communities declared that it proposed, by way of Community action, to grant the equivalent of 220 tonnes of husked rice ( in other words 171 tonnes of HAS ADOPTED THIS REGULATION : round grain milled rice) to UNRWA under its 1977/78 food-aid programme ;

Whereas pursuant to Article 3 (3) of Council Regula­ Article 1 tion ( EEC) No 2750 /75 the goods may be purchased anywhere on the Community market ; 1 . Tenders are hereby invited for the supply to UNRWA by way of Community food-aid action, of Whereas the proposed invitation to tender should be 171 tonnes of round grain milled rice . for supply of the products delivered Ashdod, that is at the moment when the goods are actually placed on 2. The tendering procedure shall take place in the dock or in the lighter where applicable ; France in one lot. The product shall be mobilized on the Community market. The product shall be loaded Whereas in view of the different monetary circum­ for departure from any Community port. stances in the Member States, the observation of these conditions is not guaranteed by the application of 3 . The invitation to tender provided for in para­ exchange rates applicable in the framework of the graph 1 is for supply of products delivered Ashdod, common agricultural policy since monetary compensa­ that is at the moment when the goods are actually tory amounts do not apply in the rice sector ; whereas placed on the dock or in the lighter where applicable. it is advisable to take account of the monetary situa­ tion as regards different offers ; 4. The successful tenderer shall deliver the product Whereas the award under the invitation to tender specified in paragraph 1 in new jute sacks of a net capacity of 50 kilograms (pre-slung). must be made to the tenderer offering the best terms ;

Whereas, should force majeure make it impossible to Minimum weight of the sacks shall be 600 grams. The following shall be printed on the sacks : complete the operation in question within the time

'Milled rice / Gift of the European Economic Commu­ (') OJ No L 166, 25. 6 . 1976, p. 1 . (2) OJ No L 156, 14. 6 . 1978 , p . 11 . nity to UNRWA / For free distribution to Palestine (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . refugees.'

No L 42/ 18 Official Journal of the European Communities 17. 2 . 79

To allow for the possibility of re-bagging, the guarantee issued by a credit institution conforming to successful tenderer shall supply 2 % of new empty criteria laid down by each Member State . sacks, of the same quality as those containing the goods but with the printing followed by a capital Article 6 letter ' R\ 1 . The round grain milled rice referred to in Article Article 2 1 to be supplied to UNRWA must meet the following requirements : 1 . The decision on tenders received in response to — moisture : 15% , the invitation provided for in Article 1 shall be taken — broken rice : 5 % maximum , on 2 March 1979 . — chalky grains : 5 % maximum , 2 . The closing date for submission of tenders shall — grains striated with red : 3 % maximum, be 2 March 1979 at 12 noon . — spotted grains : 1-5% maximum , — stained grains : 1 % maximum, 3 . The notice of invitation to tender shall be — yellow grains : 0-050 % maximum , published in the Official Journal of the European — amber grains : 0-20 °/o maximum . Communities not less than nine days before the closing date for submission of tenders . Rice not meeting these requirements shall be refused .

2. Tenders for supply to UNRWA of the round Article 3 grain milled rice referred to in Article 1 must relate to a product with the following characteristics : 1 . The prices offered must be expressed in the currency of the Member State in which the invitation — moisture : 15% , to tender was issued . — broken rice : 5 % maximum , — chalky grains : 5 % maximum , 2. The rates used for converting into units of — grains striated with red : 3 % maximum , account those offers made in national currencies shall — spotted grains : 15% maximum , be : — stained grains : 1 % maximum , — in the case when the currencies concerned are — yellow grains : 0 050 % maximum, kept at any given moment within a band of — amber grains : 0-20 % maximum . 2-25 % , a conversion rate resulting from their central rate, Article 7 — in other cases, the average of the spot rates of the currencies concerned recorded in the Member 1 . The French intervention agency shall be respon­ State in which the invitation to tender is issued sible for organizing the invitation to tender provided for by this Regulation . during a period from the Wednesday of one week to the Tuesday of the following week being the 2 . It shall forthwith communicate to the Commis­ period immediately preceding the closing date for sion the list of firms which have responded to the invi­ submission of tenders . tation to tender, specifying the terms of each tender, together with the name and business name of the Article 4 successful tenderer .

The contract shall be awarded to the tenderer offering 3 . Where the customs export formalities for the the best terms . mobilized product are completed in a Member State other than that in which the invitation to tender is However, if the tenders submitted do not appear to issued , the intervention agency of the latter Member reflect normal market prices and costs, the interven­ State shall be responsible for the operations following tion" agency may cancel the invitation to tender. tendering, including payment to the successful tenderer . Article 5 In such case, the intervention agency choosing the 1 . The tenderer shall give security of a value of 10 successful tenderer shall immediately inform the inter­ units of account per tonne of the product ; for the vention agency of the Member State concerned and successful tenderer the security is intended to shall supply it with all the information which it may guarantee that the operations specified in Article 1 are require . duly completed. The security shall be forfeited if those Furthermore , the amount of the successful tender, operations are not carried out within the prescribed shall be paid after it has been converted using the time limit, save as regard quantities not delivered average of the spot rates referred to in the second owing to force majeure. subparagraph of Article 3 (2) to the tenderer in the 2. The security required under paragraph 1 may be currency of the Member State in which the operations provided in the form of a cash deposit or of a relating to the tendering are completed.

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

The information indicated above shall be forwarded Article 9 by the intervention agency to the Commission imme­ diately upon receipt . This Regulation shall enter into force on the day of its 5 . When the intervention agency responsible for publication in the Official Journal of the European Communities. the operations relating to tendering is not the interven­

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

Done at Brussels, 16 February 1979 . For the Commission

Finn GUNDELACH Vice-President