CELEX: 31979R2490
Language: en
Date: 1979-11-09 00:00:00
Title: Commission Regulation (EEC) No 2490/79 of 9 November 1979 opening an invitation to tender for the mobilization of semi-milled long grain rice as food aid for the International Committee of the Red Cross

13 . 11 . 79                            Official Journal of the European Communities                          No L 284/ 5
                                    COMMISSION REGULATION (EEC) No 2490/79
                                                     of 9 November 1979
              opening an invitation to tender for the mobilization of semi-milled long grain
                        rice as food aid for the International Committee of the Red Cross
THE COMMISSION OF THE EUROPEAN                                     common agricultural policy since monetary compensa­
COMMUNITIES,                                                       tory amounts do not apply in the rice sector ; whereas
                                                                   it is advisable to take account of the monetary situa­
Having regard to the Treaty establishing the European              tion as regards different offers ;
Economic Community,
                                                                   Whereas the award under the invitation to tender
Having regard to Council Regulation (EEC) No                       must be made to the tenderer offering the best terms ;
1418 /76 of 21 June 1976 on the common organiza­
tion of the market in rice ('), as amended by Regula­              Whereas, should force majeure make it impossible to
tion (EEC) No 1552/79 (2),                                         complete the operation in question within the time
                                                                   limits specified, it must be made clear who is to bear
Having regard to Council Regulation (EEC) No                       the liability for any resulting costs ;
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and         Whereas provision should be made for security to be
in particular Article 6 thereof,                                   given to guarantee fulfilment of the obligations arising
                                                                   by virtue of participation in the invitation to tender ;
Having regard to Council Regulation No 129 on the
value of the unit of account and the exchange rates to             Whereas the Italian intervention agency should be
be applied for the purposes of the common agricul­                  made responsible for the tendering procedure ;
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 1 350
 tonnes of husked rice (in other words, 1 000 tonnes of
 semi-milled long grain rice) to the International
 Committee for the Red Cross 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 ;
 Whereas the proposed invitation to tender should be                 1 . Tenders are hereby invited for the supply to the
 for supply of the products on the quay or in the                   International Committee of the Red Cross, by way of
 lighter where applicable at the port of unloading Hon              Community food-aid action , of 1 000 tonnes of semi­
 Ngu Bay ;                                                          milled long grain 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.
 (')   OJ No L 166, 25 . 6 . 1976, p. 1 .                            3 . The invitation to tender provided for in para­
 (2 )  OJ No L 188 , 26. 7 . 1979, p. 9 .
 P)    OJ No L 281 , 1 . 11 . 1975, p. 89 .                         graph 1 is for supply of products on the quay or in
  (•») OJ No 106, 30 . 10 . 1962, p . 2553/62.                       the lighter where applicable, in the port of Hon Ngu
  (5)  OJ No L 263, 19 . 9 . 1973 , p. 1 .                           Bay.
 ---pagebreak--- No L 284/6                           Official Journal of the European Communities                           13 . 11 . 79
4. The successful tenderer shall deliver the product            It shall be released :
specified in paragraph 1 in new jute sacks lined with          — in the case of all tenderers whose tenders are
cotton sacks of a net capacity of 50 kilograms.
                                                                    unsuccessful or are not accepted,
On the sacks shall be printed a red cross 15 x 15 cm,          — in the case of the successful tenderer, when the
as well as the following :                                          operations concerned have been carried out within
  VTNH-1 / Riz semi-blanchi / Don de la Commu­                      the prescribed time limit and on submission of
nauté économique européenne / Action du Comité                      the original export licence, duly granted and
international de la Croix-Rouge / À distribuer gratuite­            endorsed by the competent authorities of the
ment / Hon Ngu Bay'.                                                Member State mentioned in the tender pursuant
                                                                    to Article 3 (2),
To allow for the possibility of re-bagging, the                — in the case of the successful tenderer, for quanti­
successful tenderer shall supply 2 % of new empty                   ties not supplied by reason of force majeure.
sacks, of the same quality as those containing the
goods but with the printing followed by a capital              2. The security required under paragraph 1 may be
letter ' R'.                                                   provided in the form of a cash deposit or of a
                                                               guarantee issued by a credit institution conforming to
                          Article 2                            criteria laid down by each Member State.
 1 . The decision on tenders received in response to
                                                                                        Article 6
the invitation provided for in Article 1 shall be taken
on 26 November 1979 .
                                                                1 . The semi-milled long grain rice referred to in
2.     The closing date for the submission of tenders          Article 1 to be supplied to the International
shall be 26 November 1979 at 12 noon .                         Committee of the Red Cross must meet the following
                                                               requirents :
3.     The    notice   of invitation to   tender  shall  be
published in the Official Journal of the European              — moisture : 15 % ,
Communities not less than nine days before the                 — broken rice : 5 % maximum ,
closing date for the submission of tenders.                    —    chalky grains : 5 % maximum,
                                                               —    grains striated with red : 3 % maximum,
                          Article 3
                                                               —    spotted grains : 1.5 % maximum,
                                                               —    stained grains : 1 % maximum ,
1.     The prices offered must be expressed in the             —    yellow grains : 0.050 % maximum,
currency of the Member State in which the invitation           —    amber grains : 0.20 % maximum .
to tender was issued .
                                                               Rice not meeting these requirements shall be refused.
2.     The rates used for converting into ECU those
offers made in national currencies shall be :                  2. Tenders for supply to the International
                                                               Committee of the Red Cross of the semi-milled long
— the      central   rate in   cases where    the  relevant    grain rice referred to in Article 1 must relate to a
     currency is held at any given moment within a             product with the following characteristics :
     band of 2-25 % ,
                                                               — moisture : 15 % ,
— in other cases, the average spot exchange rate               — broken rice : 5 % maximum ,
     during the period from Wednesday of one week to
     Tuesday of the following week and which immedi­           —    chalky grains : 5 % maximum,
     ately precedes the time limit for the submission of
                                                               —    grains striated with red : 3 % maximum,
     offers .                                                  —    spotted grains : 1.5 % maximum,
                                                               —    stained grains : 1 % maximum,
                                                               —    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 tenderer shall give security in an amount of           together with the name and business name of the
12 ECU per tonne of goods .                                    successful tenderer.
 ---pagebreak--- 13 . 11 . 79                      Official Journal of the European Communities                             No L 284/7
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     As regards this tender, the intervention agency is auth­
the tenderer in the currency of the Member State in           orized to make an initial payment of 80 % of the
which the operations relating to the tendering are            value of the quantity given in the bill of lading, on
completed.                                                    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, 9 November 1979 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President