CELEX: 31976R1123
Language: en
Date: 1976-05-14 00:00:00
Title: Commission Regulation (EEC) No 1123/76 of 14 May 1976 opening an invitation to tender for the mobilization of round and long grain milled rice as food aid for the Republic of Gambia

No L 127/ 16                         Official Journal of the European Communities                           15. 5. 76
                                  COMMISSION REGULATION (EEC) No 1123/76
                                                      of 14 May 1976
               opening an invitation to tender for the mobilization of round and long grain
                                 milled rice as food aid for the Republic of Gambia
 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 No 359/67/EEC
 of 25 July 1967 on the common organization of the              Whereas the Monetary Committee will be consulted ;
 market in rice (1), as last amended by Regulation              whereas, in view of the urgency, the measures envis­
 (EEC) No 832/76 (2),                                           aged should be adopted in accordance with the condi­
                                                                tions laid down in Article 3 (2) of Council Regulation
                                                                No 129 on the value of the unit of account and the
 Having regard to Council Regulation (EEC) No
 2750/75 of 29 October 1975 laying down the condi­              exchange rates to be applied for the purposes of the
                                                                common agricultural policy (4), as last amended by
 tions for the mobilization of cereals as food aid (3), and
 in particular Article 6 thereof,                               Regulation (EEC) No 2543/73 (5), and in particular
                                                                Article 3 thereof ;
Whereas on 3 March 1976 the Council of the Euro­
                                                                Whereas the measures provided for in this Regulation
 pean Communities declared that it proposed, by way             are in accordance with the opinion of the Manage­
 of Community action, to grant the equivalent of 1 500          ment Committee for Cereals,
 metric tons of husked rice (in other words, 601 metric
 tons of round grain milled rice and 500 metric tons of
 long grain milled rice) to the Republic of Gambia
 under its 1974/75 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 supply to the
Whereas the proposed invitation to tender should be             Republic of Gambia, by way of Community action, of
 for supply of the products delivered ip the ship's hold        601 metric tons of round grain milled rice and 500
 at the port of unloading ;                                     metric tons of long grain milled rice.
Whereas in view of the different monetary circum­               2. The tendering procedure shall take place in Italy
stances in the Member States, the observation of these          in one lot. 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         3. The invitation to tender provided for in para­
 it is advisable to take account of the monetary situa­         graph 1 is for supply of products delivered in the
 tion as regards different offers ;                             ship's hold at the port of unloading.
Whereas the award under the invitation to tender                The recipient country shall bear all costs subsequent
 must be made to the tenderer offering the best terms ;         to delivery of the goods, including unloading costs
                                                                (such as unstowing, hoisting and reception) and any
Whereas provision should be made for security to be             lighterage costs.
given for the purpose of guaranteeing that the obliga­
 tions arising by virtue of participation in the invita­        Any demurrage costs or dispatch money at the port of
 tion to tender for supplies to the Republic of Gambia          unloading shall be a charge on or for the benefit of
will be fulfilled :                                             the recipient country. The rates and detailed arrange­
                                                                ments relating thereto laid down in the contract
(») OJ No 174, 31 . 7. 1967, p. 1 .
(2) OJ No L 100, 14. 4. 1976, p. 1 .                            (4) OJ No L 106, 30 . 10 . 1962, p. 2553/62.
(») OJ No L 281 , 1 . 11 . 1975, p. 89.                         (5) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- 15. 5 . 76                          Official Journal of the European Communities                         No L 127/ 17
between the authorized agent of the Community and             rity is intended to guarantee that the operations speci­
the carrier must have been agreed upon in advance by          fied in Article 1 are duly completed. The security
the authorized agent and the receiving agent of the           shall be forfeit if those operations are not carried out
recipient country.                                            within the prescribed time limit, save as regards quan­
                                                              tities, not delivered owing to force majeure.
4.      The successful tenderer shall deliver the product
specified in paragraph 1 to the port of Banjul in new          2. The security provided for in paragraph 1 may be
jute sacks of a net capacity of 50 kilogrammes.               given in the form of a cash deposit or of a guarantee
The following shall be printed on the sacks :                  issued by a credit institution conforming to the
                                                               criteria laid down by the Member State.
'Milled rice — Gift of the European Community —
To distribute free of charge.'
                                                                                        Article 6
                         Article 2
 1.     The decision on tenders received in response to
                                                               1 . The round and long grain milled rice referred to
                                                               in Article 1 to be supplied to the Republic of Gambia
the invitation provided for in Article 1 shall be taken
                                                               must meet the following requirements :
on 31 May 1976.
                                                               — moisture : 15% ,
2.      The closing date for the submission of tenders         — broken rice : 5 % maximum,
shall be 31 May 1976 at 12 noon.
                                                               —    chalky grains : 3 % maximum,
3.      The notice of invitation to tender shall be            —    grains striated with red : 3 % maximum,
published in the Official Journal of the European              —    spotted grains : 1 % maximum,
 Communities not less than nine days before the                —    stained grains : 0-50 % maximum,
closing date for the submission of tenders.                    —    yellow grains : 0-050 % maximum,
                                                               —    amber grains : 0-125 % 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 Republic of Gambia of
to tender was issued .
                                                               the round and long grain milled rice referred to in
2. For the purpose of rendering the tenders compar­            Article 1 must relate to a product with the following
                                                               characteristics :
able, the prices shall, where appropriate, be corrected
by the accession compensatory amount applicable on             — moisture : 15 % ,
 the closing date for submission of tenders to exports         — broken rice : 5 % maximum,
 from the Member State mentioned in the tender.
                                                               —    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,
                                                               —    amber grains : 0-125 % maximum .
     currency is held at any given moment within a
     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            1 . The Italian intervention agency shall be respon­
      ately precedes the time limit for the submission of       sible for the operations relating to the invitation to
      tenders.                                                  tender provided for by this Regulation .
                          Article 4                             2.    It shall forthwith communicate to the Commis­
                                                                sion the list of firms which have reponded to the invi­
 The contract shall be awarded to the tenderer offering         tation to tender, specifying the terms of each tender,
 the best terms.
                                                                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
                                                                State shall be responsible for the operations following
  1 . The successful tenderer shall give security of a          tendering, including payment to the successful
 value of 1 0 units of account per metric ton ; the secu­       tenderer.
 ---pagebreak--- No L 127/ 18                      Official Journal of the European Communities                               15. 5. 76
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, 14 May 1976.
                                                                       For the Commission
                                                                         P.J. LARDINOIS
                                                                   Member of the Commission