CELEX: 31975R0946
Language: en
Date: 1975-04-11 00:00:00
Title: Regulation (EEC) No 946/75 of the Commission of 11 April 1975 opening an invitation to tender for the mobilization of husked long grain rice as food aid for the Malagasy Republic

12 . 4 . 75                          Official Journal of the European Communities                          No L 91 /7
                            REGULATION ( EEC) No 946/75 OF THE COMMISSION
                                                     of 11 April 1975
               opening an invitation to tender for the mobilization of husked long grain rice as
                                           food aid for the Malagasy Republic
THE COMMISSION OF THE EUROPEAN                                  Whereas provision should be made for security to be
COMMUNITIES,                                                    given for the purpose of guaranteeing that the obliga­
                                                                 tions arising by virtue of participation in the invita­
Having regard to the Treaty establishing the European            tion to tender for supplies to the Malagasy Republic
                                                                 will be fulfilled ;
Economic Community ;
                                                                Whereas the Italian intervention agency should be
Having regard to Council Regulation No 359/                      made responsible for the tendering procedure ;
67/ EEC (') of 25 July 1967 on the common organiza­
tion of the market in rice, as last amended by Regula­
tion (EEC) No 476/75 (2) ;                                       Whereas the Commission must be informed quickly
                                                                 of the tenders submitted in response to the invitation
                                                                 and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No
 1 693/72 (3) of 3 August 1972 laying down the condi­
tions for the mobilization of cereals as food aid, . and         Whereas the Mpnetary Committee will be consulted ;
in particular Article 6 thereof ;                                whereas, in view of the urgency, the measures envis­
                                                                 aged should be adopted in accordance with the condi­
                                                                 tions laid down in Article 3 (2) of Council Regulation
Whereas on 4 March 1974 the Council of the Euro­
                                                                 No 129 (4) 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 6 000 metric tons of              common agricultural policy, as last amended by Regu­
husked long grain rice to the Malagasy Republic                  lation (EEC) No 2543/73 (5), and in particular Article
under its 1971 /72 food-aid programme ;                          3 thereof ;
Whereas pursuant to Article 3 (3) of Council Regula­             Whereas the measures provided for in this Regulation
tion (EEC) No 1693/72 the goods may be purchased                 are in accordance with the Opinion of the Manage­
anywhere on the Community market ;                               ment Committee for Cereals,
Whereas the proposed invitation to tender should
relate to supply of the goods fob, i.e. up to the point
at which they are placed in the hold of the ship at the          HAS ADOPTED THIS REGULATION :
port of shipment ;
Whereas in view of the different monetary circum­                                          Article 1
stances in the Member States, the observation of these
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 the
common agricultural policy since monetary compensa­              Malagasy Republic, by way of Community action , of
tory amounts do not apply in the rice sector ; whereas           6 000 metric tons of husked long grain 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
                                                                 in two lots. The product shall be mobilized on the
Whereas the award under the invitation to tender                 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              3 . The goods referred to in paragraph 1 shall be
complete the operation in question within the time               supplied fob (that is to say the successful tenderer
limits specified, it must be made clear who is to bear           shall place them in the hold of the ship at the port of
the liability for any resulting costs ;                          shipment) in jute sacks of a maximum net capacity of
                                                                 50 kilogrammes.
(') OJ No 174, 31 . 7. 1967, p. 1 .
(2) OJ No L 52, 28 . 2. 1975, p. 31 .                           (4) OJ No 106, 30 . 10 . 1962, p . 2553/62.
(3) OJ No L 178 , 5. 8 . 1972, p. 3 .                           (5 ) OJ No L 263, 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- No L 91 / 8                           Official Journal of the European Communities                              12. 4. 75
4. The successful tenderer shall deliver the product             issued by a credit institution conforming to the
specified in paragraph 1 in new jute sacks of a net             criteria laid down by the Member State .
capacjty of 50 kilogrammes.
                                                                                          Article 6
The following shall be printed on the sacks :
'Riz — Don de la Communauté économique euro­                     1 . The husked long grain rice referred to in Article
péenne'.                                                         1 to be supplied to the Malagasy Republic must meet
                                                                 the following requirements :
                           Article 2                            — moisture content : T5 % maximum ,
                                                                — broken grains : 5 % maximum ,
 1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken         — green grains or grains having natural deformities :
                                                                 3 % maximum .
on 23 April 1975 .
2.     The closing date for the submission of tenders            Rice not meeting these requirements shall be refused.
shall be 23 April 1975 at 12 noon .                              2. Tenders for supply to the Malagasy Republic of
3.     The     notice   of invitation  to  tender shall   be
                                                                 the husked long grain rice referred to in Article 1
                                                                 must relate to a product with the following characteris­
published in the Official Journal of the European                tics :
Communities not less than seven days before the
closing date for the submission of tenders .                    — moisture content : 15% maximum ,
                                                                — broken grains : 5 % maximum ,
                           Article 3                             — green grains or grains having natural deformities :
                                                                      3 % maximum .
1 . The prices offered must be expressed in the
currency of the Member State in which the invitation                                      Article 7
to tender was issued .
2.     The rates used for converting into units of                1 . The Italian intervention agency shall be respon­
account those offers made in national currencies shall           sible for the operations relating to the invitation to
be :                                                             tender provided for by this Regulation .
— the      central    rate in   cases where    the  relevant     2.     It shall forthwith communicate to the Commis­
     currency is held at any given moment within a               sion the list of firms which have responded to the invi­
     band of 2-25 % ,                                            tation to tender, specifying the terms of each tender,
                                                                 together with the name and business name of the
— in other cases the average spot exchange rate                  successful tenderer.
     during the period from Wednesday of one week to
     Tuesday of the following week and which immedi­             3 . Where the customs export formalities for the
     ately precedes the time limit for the submission of         mobilized product are completed in a Member State
     tenders .                                                   other than that in which the invitation to tender is
                                                                 issued, the intervention agency of the latter Member
                           Article 4                             State shall be responsible for the operations following
                                                                 tendering, including payment to ihe successful
The contract shall be awarded to the tenderer offering           tenderer.
the best terms .
                                                                 In such case, the intervention agency choosing the
However, if the tenders submitted do not appear to               successful tenderer shall immediately inform the inter­
correspond to normal market prices and costs, the                vention agency of the Member State concerned and
intervention agency may cancel the invitation to                 shall supply it with all the information which it may
tender. .                                                        require.
                                                                 Furthermore, the amount of the successful tender
                           Article 5
                                                                 shall be paid after, it has been converted using the
 1.    The successful tenderer shall give security of a          average of the spot rates referred to in the second
value of 10 units of account per metric ton ; the secu­          subparagraph of Article 3 (2) to the tenderer in the
rity is intended to guarantee that the operations speci­         currency of the Member State in which the operations
fied in Article 1 are duly completed . The security              relating to the tendering are completed .
shall be forfeit if those operations are not carried out         4. The intervention agency shall ask that the
within the prescribed time limit, save as regards quan­          tenderer specifies the following information :
tities not delivered owing to force majeure.
                                                                 (a) after cach shipment, a statement giving details of
2. The security provided for in paragraph 1 may be                    the quantities loaded , the quality of the products
given in the form of a cash deposit or of a guarantee                 and their packaging ;
 ---pagebreak---  12 . 4 . 75                        Official Journal of the European Communities                             No L 91 /9
(b) the date of the departure of the ships ; the               tion agency which appoints the successful tenderer, it
      expected date of arrival of the products at their        shall send as soon as possible to the latter the informa­
      destination ;                                            tion necessary for releasing the security.
(c) all possible contingencies which might occur
      during transportation of the products.
The intervention agency shall transmit the informa­                                   Article 8
tion provided for to the Commission as soon as it is
received .
                                                               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
the operations relating to tendering is not the interven       Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 11 April 1975.
                                                                        For the Commission
                                                                           P. J. LARDINOIS
                                                                     Member of the Commission