CELEX: 31977R0500
Language: en
Date: 1977-03-12 00:00:00
Title: Commission Regulation (EEC) No 500/77 of 11 March 1977 opening an invitation to tender for the mobilization of long grain milled rice as food aid for the Comoros

No L 66/ 12                             Official Journal of the European Communities                                 12 . 3 . 77
                                     COMMISSION REGULATION (EEC) No 500/77
                                                        of 11 March 1977
               opening an invitation to tender for the mobilization of long grain milled rice as
                                                   food aid for the Comoros
 THE COMMISSION OF THE EUROPEAN                                    Whereas the Italian intervention agency should be
 COMMUNITIES,                                                      made responsible for the tendering procedure ;
 Having regard to the Treaty establishing the European             Whereas the Commission must be informed quickly
 Economic Community,                                               of the tenders submitted in response to the invitation
                                                                   and of those accepted by the intervention agency ;
 Having regard to Council Regulation (EEC) No                      Whereas the Monetary Committee will be consulted ;
  1418/76 of 21 June 1976 on the common organiza­                  whereas, in view of the urgency, the measures envis­
 tion of the market in rice ('),
                                                                   aged should be adopted in accordance with the condi­
                                                                   tions laid down in Article 3 (2) of Council Regulation
 Having regard to Council Regulation (EEC) No                      No 129 on the value of the unit of account and the
 2750/75 of 29 October 1975 laying down the condi­                 exchange rates to be applied for the purposes of the
 tions for the mobilization of cereals as food aid (2), and        common agricultural policy (3), as last amended by
 in particular Article 6 thereof,                                  Regulation (EEC) No 2543/73 (4 ), and in particular
                                                                   Article 3 thereof ;
Whereas on 25 March 1976 the Council of the Euro­
 pean Communities declared that it proposed, by way                Whereas the measures provided for in this Regulation
 of Community action , to grant the equivalent of 4 000            are in accordance with the opinion of the Manage­
                                                                   ment Committee for Cereals,
 tonnes of husked rice (in other words 3 424 tonnes of
 long grain milled rice) to the Comoros under its
 1975/76 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
 anywhere on the Community market ;
                                                                                               Article 1
Whereas the proposed invitation to tender should be
 for supply of the products delivered in the ship's hold            1 . Tenders are hereby invited for supply to the
 at the port of unloading ;                                        Comoros, by way of Community action , of 3 424
                                                                   tonnes of long grain milled 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
                                                                   in two lots. The product shall be mobilized on the
conditions is not guaranteed by the application of
                                                                   Community market . The product shall be loaded for
exchange rates applicable in the framework of the
                                                                   departure from any Community port.
common agricultural policy since monetary compensa­
tory amounts do not apply in the rice sector ; whereas
 it is advisable to take account of the monetary situa­            3 . The invitation to tender provided for in para­
 tion as regards different offers ;                                graph 1 is for supply of products delivered in the
                                                                   ship's hold at the port of unloading (Moroni : 2 282
                                                                   tonnes ; Mutsamudu : 1 242 tonnes). The recipient
Whereas the award under the invitation to tender
                                                                   country shall bear all costs subsequent to delivery of
 must be made to the tenderer offering the best terms ;            the goods, including unloading costs (such as
                                                                   unstowing, hoisting and reception ) and any lighterage
                                                                   costs .
Whereas provision should be made for security to be
given for the purpose of guaranteeing that the obliga­
tions arising by virtue of participation in the invita­            4. The successful tenderer shall deliver the product
tion to tender for supplies to the Comoros will be                 specified in paragraph 1 in new jute sacks of a net
fulfilled ;                                                        capacity of 50 kilograms .
(') OJ No L 166, 25 . 6 . 1976, p. 1 .                             (3) OJ No L 106 , 30 . 10 . 1962, p . 255.5 / 62 .
(2 ) OJ No L 281 , 1 . 11 . 1975 , p. 89 .                         (4 ) OJ No L 263 , 19 . 9 . 197 5 , p. 1 .
 ---pagebreak---  12 . 3 . 77                           Official Journal of the European Communities                          No L 66/ 13
Minimum weight of the sacks shall be 600 grams. The              intended to guarantee that the operations specified in
following shall be printed on the sacks :                        Article 1 are duly completed. The security shall be
'Riz / Don de la Communaute economique euro­                     forfeit if those operations are not carried out within
peenne aux lies Comores'.                                        the prescribed time limit, save as regards quantities,
                                                                 not delivered owing to force majeure.
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty                2. The security provided for in paragraph 1 may be
sacks, of the same quality as those containing the               given in the form of a cash deposit or of a guarantee
goods but with the printing followed by a capital                issued by a credit institution conforming to the
letter 'R'.                                                      criteria laid down by the Member State.
                            Article 2
                                                                                          Article 6
1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken           1 . The long grain milled rice referred to in Article
on 21 March 1977.                                                 1 to be supplied to the Comoros must meet the
                                                                 following requirements :
2.      The closing date for the submission of tenders
shall be 21 March 1977 at 12 noon .                              — moisture : 15% ,
3.      The     notice   of invitation to   tender  shall  be
                                                                 — broken rice : 35 % ,
                                                                 —    chalky grains : 3 % maximum ,
published in the Official Journal of the European                —    grains striated with red : 3 % maximum,
Communities not less than six days before the closing
date for the submission of tenders .                             —    spotted grains : 1 % maximum ,
                                                                 —    stained grains : 0-50 % maximum,
                                                                 —    yellow grains : 0-050 % maximum,
                            Article 3                            —    amber grains : 0-125 % maximum .
1 . The prices offered must be expressed in the
currency of the Member State in which the invitation             Rice not meeting these requirements shall be refused.
to tender was issued .
                                                                 2. Tenders for supply to the Comoros of the long
2.      For the purpose of rendering the tenders compar­         grain milled rice referred to in Article 1 must relate to
able, the prices shall, where appropriate, be corrected          a product with the following characteristics :
by the accession compensatory amount applicable on
the closing date for submission of tenders to exports            — moisture : 15% ,
from the Member State mentioned in the tender.                   — broken rice : 35 % ,
                                                                 —    chalky grains : 3 % maximum,
3.      The rates used for converting into units of              —    grains striated with red : 3 % maximum,
account those offers made in national currencies shall           —    spotted grains : 1 % maximum,
be :                                                             —    stained grains : 0-50 % maximum,
— the       central    rate in   cases where    the  relevant    —    yellow grains : 0-050 % maximum,
      currency is held at any given moment within a              —    amber grains : 0125% maximum .
      band of 2-25 % ,
— in other cases the average spot exchange rate                                           Article 7
      during the period from Wednesday of one week to
     Tuesday of the following week and which immedi­
      ately precedes the time limit for the submission of         1 . The Italian intervention agency shall be respon­
      tenders .                                                  sible for the operations relating to the invitation to
                                                                 tender provided for by this Regulation .
                            Article 4                            2.     It shall forthwith communicate to the Commis­
The contract shall be awarded to the tenderer offering           sion the list of firms which have responded to the invi­
the best terms .                                                 tation to tender, specifying the terms of each tender,
                                                                 together with the name and business name of the
However, if the tenders submitted do not appear to               successful tenderer.
correspond to normal market prices and costs, the
intervention agency may cancel the invitation to                 3 . Where the customs export formalities for the
tender.                                                          mobilized product are completed in a Member State
                                                                 other than that in which the invitation to tender is
                            Article 5                            issued, the intervention agency of the latter Member
                      t                                          State shall be responsible for the operations following
1 . The sucessful tenderer shall give security of a              tendering,     including   payment   to  the  successful
value of 10 units of account per tonne ; the security is         tenderer.
 ---pagebreak---  No L 66/ 14                      Official Journal of the European Communities                               12 . 3 . 77
 In such case, the intervention agency choosing the          (c) all possible contingencies which might occur
successful tenderer shall immediately inform the inter­          during transportation of the products.
vention agency of the Member State concerned and
shall supply it with all the information which it may        The intervention agency shall transmit the informa­
require.                                                     tion provided for to the Commission as soon as it is
Furthermore , the amount of the successful tender            received .
shall be paid after it has been converted using the
average of the spot rates referred to in the second          5. When the intervention agency responsible for
subparagraph of Article 3 (3) to the tenderer in the         the operations relating to tendering is not the interven­
currency of the Member State in which the operations         tion agency which appoints the successful tenderer, it
relating to the tendering are completed.                     shall send as soon as possible to the latter the informa­
4. The intervention agency shall ask that the                tion necessary for releasing the security.
tenderer specifies the following information :
(a) after each shipment, a statement giving details of
    the quantities loaded, the quality of the products                                Article 8
    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, 11 March 1977 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President