CELEX: 31976R0842
Language: en
Date: 1976-04-09 00:00:00
Title: Commission Regulation (EEC) No 842/76 of 9 April 1976 opening an invitation to tender for the mobilization of husked long grain rice as food aid for the Republic of Burundi

No L 96 14                              Official Journal of the European Communities                            10 . 4. 76
                                   COMMISSION REGULATION (EEC) No 842/76
                                                        of 9 April 1976
               opening an invitation to tender for the mobilization of husked long grain rice as
                                           food aid for the Republic of Burundi
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
market in rice ( J), as last amended by Regulation                Whereas the Monetary Committee will be consulted ;
(EEC) No 668/75 (2),                                              whereas, in view of the urgency, the measures envis­
                                                                  aged should be adopted in accordance with the condi­
Having regard to Council Regulation (EEC) No                      tions laid down in Article 3 (2) of Council Regulation
                                                                   No 129 on the value of the unit of account and the
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and        exchange rates to be applied for the purposes of the
in particular Article 6 thereof,                                  common agricultural policy (4), as last amended by
                                                                  Regulation (EEC) No 2543/73 (5), and in particular
Whereas on 3 March 1975 the Council of the Euro­                  Article 3 thereof ;
pean Communities declared that it proposed, by way
of Community action, to grant 250 metric tons of                  Whereas the measures provided for in this Regulation
husked long grain rice to the Republic of Burundi                  are in accordance with the opinion of the Manage­
under its 1974/75 food-aid programme ;                             ment Committee for Cereals,
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;                                 HAS ADOPTED THIS REGULATION :
Whereas the proposed invitation to tender should be
for supply of the products delivered to Bujumbura ;
                                                                                            Article 1
Whereas in view of the different monetary circum­
stances in the Member States, the observation of these             1 . Tenders are hereby invited for the supply to the
conditions is not guaranteed by the application of                 Republic of Burundi by way of Community food-aid
exchange rates applicable in the framework of the                  action, of 250 metric tons of husked long grain rice.
common agricultural policy since monetary compensa­
 tory amounts do not apply in the rice sector ; whereas            2. The tendering procedure shall take place in Italy
 it is advisable to take account of the monetary situa­            in one lot. The product shall be mobilized on the
 tion as regards different offers ;                                Community market. The product shall be loaded for
Whereas the award under the invitation to tender
                                                                   departure from a Community port.
 must be made to the tenderer offering the best terms ;
                                                                   3 . The invitation to tender provided for in para­
Whereas, should force majeure make it impossible to                graph 1 is for supply of products delivered to Bujum­
                                                                   bura.
 complete the operation in question within the time
 limits specified, it must be made clear who is to bear
 the liability for any resulting costs ;                           4. The successful tenderer shall deliver the product
                                                                   specified in paragraph 1 in new jute sacks of a net
 Whereas provision should be made for security to be               capacity of 50 kilogrammes. The following shall be
given for the purpose of guaranteeing that the obliga­             printed on the sacks :
 tions arising by virtue of participation in the invita­
 tion to tender for supplies to the Republic of Burundi            'Riz — Don de la Communauté économique euro­
 will be fulfilled ;                                               péenne, à la République du Burundi — À distribuer
                                                                   gratuitement.'
(») OJ No 174, 31 . 7. 1967, p. 1 .
(2) OJ No L 72, 20 . 3 . 1975, p . 18 .                            (4) OJ No 106, 30. 10. 1962, p. 2553/62.
(3) OJ No L 281 , 1 . 11 . 1975, p. 89 .                           (5) OJ No L 263, 19 . 9 . 1973, p. 1 .
 ---pagebreak--- 10 . 4. 76                           Official Journal of the European Communities                           No L 96/25
                          Article 2                            Rice not meeting these requirements shall be refused.
1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken        2. Tenders for supply to the Republic of Burundi
                                                               of the husked long grain- milled rice referred to in
on 26 April 1976.
                                                               Article 1 must relate to a product with the following
2. The closing date for the receipt of tenders shall           characteristics :
be 26 April 1976 at 12 noon.
                                                               — moisture content : maximum 15% ,
3.     The    notice   of invitation  to  tender shall   be    — broken grains : 5 % maximum ,
published in the Official Journal of the European              — green grains or grains having natural detormities :
Communities not less than nine days before the                      3 % maximum .
closing date for submission of tenders.
                          Article 3                                                      Article 7
1 . The prices offered must be expressed in the
currency of the Member State in which the invitation            1 . The Italian intervention agency shall be respon­
to tender was issued .                                          sible for organizing the invitation to tender provided
                                                                for by this Regulation.
2.     The rates used for converting into units of
account those offers made in national currencies shall          2.     It shall forthwith communicate to the Commis­
be :                                                            sion the list of firms which have responded to the invi­
— the      central   rate  in  cases where    the  relevant     tation to tender, specifying the terms of each tender,
     currency is held at any given moment within a              together with the name and business name of the
                                                                successful tenderer.
     band of 2-25 % ,
— in other cases the average spot exchange rate
                                                                3 . Where the customs export formalities for the
     during the period from Wednesday of one week to
     Tuesday of the following week and which immedi­            mobilized product are completed in a Member State
                                                                other than that in which the invitation to tender is
     ately precedes the time limit for the submission of
     offers .                                                   issued, the intervention agency of the latter Member
                                                                State shall be responsible for the operations following
                          Article 4                             tendering, including payment to the successful
                                                                tenderer.
The contract shall be awarded to the tenderer offering
the best terms .                                                In such case, the intervention agency choosing the
                                                                successful tenderer shall immediately inform the inter­
However, if the tenders submitted do not appear to
                                                                vention agency of the Member State concerned and
reflect normal market prices and costs, the interven­
tion agency may cancel the invitation to tender.
                                                                shall supply it with all the information which it may
                                                                require .
                                                                                              \
                          Article 5
                                                                Furthermore, the amount . of the successful tender
 1 . The tenderer shall give security of a value or 10          shall be paid after it has .been converted using the
units of account per metric ton of the product ; for            average of the spot rates referred to in the second
the successful tenderer the security is intended to             subparagraph of Article 3 (2) to the tenderer in the
guarantee that the operations specified in Article 1 are        currency of the Member State in which the operations
duly completed. The security shall be forfeited if those        relating to the tendering are completed.
operations are not carried out within the prescribed
 time limit, save as regard quantities not delivered            4. The intervention agency shall request the
owing to force majeure.                                         successful tenderer to supply the following informa­
                                                                tion :
2. The security required under paragraph 1 may be
provided in the form of a cash deposit or of a                  (a) after each shipment, a statement giving details of
guarantee issued by a credit institution conforming to               the quantities loaded, the quality of the products
criteria laid down by each Member State .                            and the type of packing ;
                          Article 6                             (b) the date of the departure of the ships ; the esti­
                                                                     mated date of arrival of the products at their desti­
 1 . The husked long grain rice referred to in Article               nation ;
 1 to be supplied to the Republic of Burundi must               (c) all possible contingencies which might occur
 meet the following requirements :                                   during transportation of the products.
— moisture content : maximum 15% ,
— broken grains : 5 % maximum ,                                 The information indicated above shall be forwarded
— green grains or grains having natural deformities :           by the intervention agency to the Commission imme­
     3 % maximum .                                              diately upon receipt.
 ---pagebreak--- No L 96/26                         Official Journal of the European Communities                            10 . 4. 76
5.    when the intervention agency responsible for                                  Article 8
the operations relating to tendering is not the interven­
tion agency which appoints the successful tenderer, it       This Regulation shall enter into force on the day of its
shall send as soon as possible to the latter the informa­    publication in the Official Journal of the European
tion necessary for releasing the security.                    Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 9 April 1976.
                                                                      For the Commission
                                                                        P.J. LARDINOIS
                                                                  Member of the Commission