CELEX: 31980R0169
Language: en
Date: 1980-01-25 00:00:00
Title: Commission Regulation (EEC) No 169/80 of 25 January 1980 opening an invitation to tender for the mobilization of semi-milled long grain rice as food aid for the United Nations High Commissioner for Refugees

26. 1 . 80                            Official Journal of the European Communities                         No L 20/33
                                  COMMISSION REGULATION (EEC) No 169/80
                                                    of 25 January 1980
              opening an invitation to tender for the mobilization of semi-milled long grain
                  rice as food aid for the United Nations High Commissioner for Refugees
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
Economic Community,                                             Whereas the award under the invitation to tender
                                                                must be made to the tenderer offering the best terms ;
Having regard to Council Regulation (EEC) No
1418/76 of 21 June 1976 on the common organiza­                 Whereas, should force majeure make it impossible to
tion of the market in rice ('), as amended by Regula­           complete the operation in question within the time
tion (EEC) No 113/80 0,                                         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 (3), and      given to guarantee fulfilment of the obligations arising
in particular Article 6 thereof,                                by virtue of participation in the invitation to tender ;
Having regard to Council Regulation No 129 on the
                                                                Whereas the Italian intervention agency should be
value of the unit of account and the exchange rates to          made responsible for the tendering procedure ;
be applied for the purposes of the common agricul­
tural policy (4), as last amended by Regulation (EEC)
No 2543/73 (5), and in particular Article 3 thereof,            Whereas the Commission must be informed quickly
                                                                of the tenders submitted in response to the invitation
Having regard to the opinion of the Monetary                    and of those accepted by the intervention agency ;
Committee,
                                                                Whereas the measures provided for in this Regulation
Whereas on 8 May 1979 the Council of the European               are in accordance with the opinion of the Manage­
Communities declared that it proposed, by way of                ment Committee for Cereals,
Community action, to grant the equivalent of 12 168
tonnes of husked rice (in other words, 9 000 tonnes of
semi-milled long grain rice) to the United Nations
High Commissioner for Refugees under its 1978/79
food-aid programme ;                                            HAS ADOPTED THIS REGULATION :
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased                                        Article 1
anywhere on the Community market ;
                                                                 1 . Tenders are hereby invited for the supply to the
Whereas the proposed invitation to tender should be             United Nations High Commissioner for Refugees, by
for supply of the products placed on the quay at the            way of Community action, of 9 000 tonnes of semi­
port of unloading ;                                             milled long grain rice.
Whereas, in view of the different monetary circum­
stances in the Member States, the observation of these           2. The tendering procedure shall take place in Italy
conditions is not guaranteed by the application of               in six lots. The product shall be mobilized on the
exchange rates applicable in the framework of the                Community market. The product shall be loaded for
common agricultural policy since monetary compensa­              departure from any Community port.
(1) OJ No L 166, 25. 6. 1976, p. 1 .                             3.    The invitation to tender provided for in para­
(2) OJ No L 16, 22. 1 . 1980, p. 1 .                             graph 1 is for supply of products delivered on the
(>) OJ No L 281 , 1 . 11 . 1975, p. 89.
(«) OJ No 106, 30 . 10 . 1962, p. 2553/62.                       quay in one of the ports of unloading listed in the
(5) OJ No L 263, 19. 9. 1973, p. 1 .                             Annex.
 ---pagebreak--- No L 20/34                         Official Journal of the European Communities                             26. 1 . 80
4. The successful tenderer shall deliver the product         to guarantee that the operations specified in Article 1
specified in paragraph 1 in new jute sacks lined with        are duly completed. The security shall be forfeit if
cotton sacks of a net capacity of 50 kilograms.              those operations are not carried out within the pres­
                                                             cribed time limit, save as regards quantities not deliv­
The following shall be printed on the sacks :                ered owing to force majeure.
'Rice / Gift of the European Economic Community /
Action of the United Nations High Commissioner for           2. The security provided for in paragraph 1 may be
Refugees'.                                                   given in the form of a cash deposit or of a guarantee
                                                             issued by a credit institution conforming to the
To allow for the possibility of re-bagging, the              criteria laid down by the Member State.
successful tenderer shall supply 2 % of new empty
sacks, of the same quality as those containing the
goods but with the printing followed by a capital                                       Article 6
letter 'R\
                                                              1 . The semi-milled long grain rice referred to in
                        Article 2                            Article 1 to be supplied to the United Nations High
                                                             Commissioner for Refugees must meet the following
1 . The decision on tenders received in response to          requirements :
the invitation provided for in Article 1 shall be taken      — moisture : 15 % ,
on 11 February 1980.
                                                             — broken rice : 5 % maximum,
2. The closing date for the submission of tenders            —    chalky grains : 5 % maximum,
shall be 11 February 1980 at 12 noon .
                                                             —    grains striated with red : 3 % maximum,
3.     The notice of invitation to tender shall be
                                                             —    spotted grains : 1 .5 % maximum,
published in the Official Journal of the European
Communities not less than nine days before the               —    stained grains : 1 % maximum,
closing date for the submission of tenders.                  —    yellow grains : 0 050 % maximum,
                                                             —    amber grains : 0.20 % maximum.
                        Article 3
                                                             Rice not meeting these requirements shall be refused.
 1 . The prices offered must be expressed in the
currency of the Member State in which the invitation         2. Tenders for supply to the United Nations High
to tender was issued .
                                                             Commissioner for Refugees of the semi-milled long
2.     The rates used for converting into ECU those          grain rice referred to in Article 1 must relate to a
offers, made in national currencies shall be :                product with the following characteristics :
— the      central rate  in  cases where    the  relevant    — moisture : 15 % ,
     currency is held at any given moment within a           — broken rice : 5 % maximum,
     band of 2.25 % ,
                                                             —     chalky grains : 5 % maximum,
— in other cases, the average spot exchange rate
     during the period from Wednesday of one week to         —    grains striated with red : 3 % maximum,
     Tuesday of the following week and which immedi­         —     spotted grains : 1 -5 % maximum,
     ately precedes the time limit for the submission of     —     stained grains : 1 % maximum,
     offers.
                                                             —     yellow grains : 0 050 % maximum,
                         Article 4                           —     amber grains : 0-20 % maximum .
The contract shall be awarded to the tenderer offering
 the best terms .                                                                       Article 7
 However, if the tenders submitted do not appear to            1 . The Italian intervention agency shall be respon­
 correspond to normal market prices and costs, the            sible for the operations relating to the invitation to
 intervention agency may cancel the invitation to             tender provided for by this Regulation .
 tender.
                                                              2.     It shall forthwith communicate to the Commis­
                         Article 5                            sion the list of firms which have responded to the invi­
                                                              tation to tender, specifying the terms of each tender,
 1 . The successful tenderer shall give security of a         together with the name and business name of the
 value of 1 2 ECU per tonne ; the security is intended        successful tenderer.
 ---pagebreak---  26. 1 . 80                          Official Journal of the European Communities                            No L 20/35
 3. Where the customs export formalities for the               (c) all possible contingencies which might occur
 mobilized product are completed in a Member State                 during transportation of the products.
other than that in which the invitation to tender is
 issued, the intervention agency of the latter Member          The intervention agency shall transmit the informa­
 State shall be responsible for the operations following       tion provided to the Commission as soon as it is
 tendering, including payment to the successful                received.
 tenderer.
                                                               5. When the intervention agency responsible for
 In such case, the intervention agency choosing the            the operations relating to tendering is not the interven­
 successful tenderer shall immediately inform the inter­       tion agency which appoints the successful tenderer, it
vention agency of the Member State concerned and               shall send as soon as possible to the latter the informa­
shall supply it with all the information which it may          tion necessary for releasing the security.
require.
Furthermore, the amount of the successful tender
                                                                                           Article 8
shall be paid after it has been converted using the
average of the spot rates referred to in Article 3 (2) to
the tenderer in the currency of the Member State in            As regards this tender, the intervention agency is auth­
                                                               orized to make an initial payment of 80 % of the
which the operations relating to the tendering are
completed.                                                     value of the quantity given in the bill of lading, on
                                                               presentation of that document and subject to the
4. The intervention agency shall ask that the                  taking of a security for an amount equal to the initial
tenderer specifies the following information :                 payment.
(a) after each shipment, a statement giving details of
     the quantities loaded, the quality of the products                                    Article 9
     and their packaging ;
(b) the date of the departure of the ships ; the               This Regulation shall enter into force on the day of its
     expected date of arrival of the products at their         publication in the Official Journal of the European
     destination ;                                             Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 25 January 1980.
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                              Vice-President
                                                         ANNEX
                Number
                 of lot
                                     Port of unloading           Minimum rate of unloading       Tonnage cif
                   1       Manila                                                                    660
                   2
                   3
                   4
                   5
                   6
                        1 Tanjung-Pinang-Bintan
                        ) (Riau Islands)
                        } via Singapore
                           Vientiane
                                                               |-Customs of the port               1 320
                                                                                                   1 000
                                                                                                   1 000
                                                                                                   1 000
                                                                                                   4 020