CELEX: 31978R1108
Language: en
Date: 1978-05-26 00:00:00
Title: Commission Regulation (EEC) No 1108/78 of 26 May 1978 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the Republic of Gambia

27 . 5 . 78                            Official Journal of the European Communities                            No L 140 / 11
                                   COMMISSION REGULATION (EEC) No 1108/78
                                                        of 26 May 1978
               opening an invitation to tender for the mobilization of milled long grain rice as
                                           food aid for the Republic of Gambia
 THE COMMISSION OF THE EUROPEAN                                    tions arising by virtue of participation in the invita­
 COMMUNITIES,                                                      tion to tender for supplies to the Republic of Gambia
                                                                   will be fulfilled ;
 Having regard to the Treaty establishing the European
 Economic Community,                                               Whereas the Italian intervention agency should be
                                                                   made responsible for the tendering procedure in ques­
 Having regard to Council Regulation (EEC) No                      tion ;
 1418 /76 of 21 June 1976 on the common organiza­
 tion of the market in rice ( ! ), as amended by Regula­           Whereas the Commission must be informed quickly
 tion (EEC) No 709/78 (2),                                         of the tenders submitted in response to the invitation
                                                                   and of those accepted by the intervention agency ;
 Having regard to Council Regulation (EEC) No
 2750/75 of 29 October 1975 laying down the condi­                 Whereas the Monetary Committee will be consulted ;
 tions for the mobilization of cereals as food aid (3), and
                                                                   whereas, in view of the urgency, the measures envis­
 in particular Article 6 thereof,                                  aged should be adopted in accordance with the condi­
                                                                   tions laid down in Article 3 (2) of Council Regulation
Whereas on 30 January 1978 the Council of the Euro­                No 129 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 the equivalent of 1 500             common agricultural policy (4), as last amended by
 tonnes of husked rice (in other words, 1 035 tonnes of            Regulation (EEC) No 2543/73 (5), and in particular
 milled long grain rice) to the Republic of Gambia                 Article 3 thereof ;
under its 1977/78 food-aid programme ;
                                                                   Whereas the measures provided for in this Regulation
Whereas pursuant to Article 3 (3) of Council Regula­               are in accordance with the opinion of the Manage­
tion (EEC) No 2750/75 the goods may be purchased                   ment Committee for Cereals ,
anywhere on the Community market ;
Whereas the proposed invitation to tender should be
for supply of the products delivered in the ship's hold
                                                                   HAS ADOPTED THIS REGULATION :
at the port of unloading ;
Whereas, in view of the different monetary circum­
stances in the Member States , the observation of these                                       Article 1
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                Republic of Gambia, by way of Community food-aid
tory amounts do not apply in the rice sector ; whereas            action, of 1 035 tonnes of milled long grain rice.
it is advisable to take account of the |nonetary situa­
tion as regards different offers ;
                                                                  2. The tendering procedure shall take place in Italy
Whereas the award under the invitation to tender
                                                                  in one lot. The product shall be mobilized on the
                                                                  Community market. The products 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
complete the operation in question within the time                3 . The invitation to tender provided for in para­
limits specified, it must be made clear who is to bear            graph 1 is for supply of products delivered in the
the liability for any resulting costs ;                           ship's hold at the port of unloading (Banjul).
Whereas provision should be made for security to be               The recipient country shall bear all costs (such as
given for the purpose of guaranteeing that the obliga­            unstowing, hoisting and reception) and any lighterage
                                                                  costs .
(') OJ No L 166, 25 . 6 . 1976, p. 1 .
(2) OJ No L 94, 8 . 4. 1978 , p. 9 .                              (4 ) OJ No 106, 30 . 10 . 1962, p . 2553/ 62.
P ) OJ No L 281 , 1 . 11 . 1975, p. 89 .                          (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- No L 140/ 12                        Official Journal of the European Communities                              27 . 5 . 78
4. The successful tenderer shall deliver the product           forfeit if those operations are not carried out within
specified in paragraph 1 in new jute sacks of a net            the prescribed time limit, save as regards quantities
capacity of 50 kilograms.                                      not delivered owing to force majeure.
Minimum weight of the sacks shall be 600 grams. The            2. The security provided for in paragraph 1 may be
following shall be printed on the sacks :                     given in the form of a cash deposit or of a guarantee
                                                               issued by a credit institution conforming to the
'Milled rice / Gift of the European Economic Commu­
nity / For free distribution'.                                 criteria laid down by the Member State .
To allow for the possibility of re-bagging, the                                          Article 6
successful tenderer shall supply 2 % of new empty
sacks, of the same quality as those containing the             1 . The milled long grain rice referred to in Article
goods but with the printing followed by a capital              1 to be supplied to the Republic of Gambia must
letter 'R'.                                                    meet the following requirements :
                                                               — moisture : 1 5 % ;
                         Article 2                             — broken rice : 5 % maximum ;
                                                               —    chalky grains : 5 % maximum ;
 1 . The decision on tenders received in response to           —    grains striated with red : 3 % maximum ;
the invitation provided for in Article 1 shall be taken        —    spotted grains : 1 -5 % maximum ;
on 12 June 1978 .                                              —    stained grains : 1 % maximum ;
2. The closing date for the submission of tenders              —    yellow grains : 0-050 % maximum ;
shall be 12 June 1978 at 12 noon .                             —    amber grains : 0-20 % maximum .
3.     The   notice   of invitation  to  tender shall   be     Rice not meeting these requirements shall be refused.
published in the Official Journal of the European              2. Tenders for supply to the Republic of Gambia of
 Communities, not less than nine days before the
                                                               the milled long grain rice referred to in Article 1 must
closing date for the submission of tenders .
                                                               relate to a product with the following characteristics :
                         Article 3                             — moisture : 1 5 % ;
                                                               — broken rice : 5 % maximum ;
 1 . The prices offered must be expressed in the               —    chalky grains : 5 % maximum ;
currency of the Member State in which the invitation           —    grains striated with red : 3 % maximum ;
to tender was issued .                                         —    spotted grains : 1-5 % maximum ;
                                                               —    stained grains : 1 % maximum ;
2.     The rates used for converting into units of             —    yellow grains : 0-050 % maximum ;
account those offers made in national currencies shall         —    amber grains : 0-20 % maximum .
be :
— the      central  rate  in  cases  where   the  relevant                               Article 7
     currency is held at any given moment within a
     band of 2-25 % ,                                           1 . The Italian intervention agency shall be respon­
— in other cases, the average spot exchange rate               sible for the operations relating to the invitation to
     during the period from Wednesday of one week to           tender provided for by this Regulation .
     Tuesday of the following week and which immedi­           2.     It shall forthwith communicate to the Commis­
     ately precedes the time limit for the submission of
     tenders .                                                 sion the list of firms which have responded to the invi­
                                                               tation to tender, specifying the terms of each tender
                                                               together with the name and business name of the
                         Article 4                             successful tenderer.
The contract shall be awarded to the tenderer offering         3 . "Where the customs export formalities for the
 the best terms .                                              mobilized product are completed in a Member State
                                                               other than that in which the invitation to tender is
 However, if the tenders submitted do not appear to            issued, the intervention agency of the latter Member
 reflect normal market prices and costs, the interven­         State shall be responsible for the operations following
 tion agency may cancel the invitation to tender.              tendering, including payment to the successful ten­
                                                               derer.
                         Article 5
                                                                In such case, the intervention agency choosing the
 1 . The successful tenderer shall give security of a          successful tenderer shall immediately inform the inter­
value of 10 units of account per tonne ; the security is       vention agency of the Member State concerned and
 intended to guarantee that the operations specified in        shall supply it with all the information which it may
Article 1 are duly completed . The security shall be           require.
 ---pagebreak--- 27 . 5 . 78                       Official Journal of the European Communities                           No L 140 / 13
Furthermore, the amount of the successful tender              5. When the intervention agency responsible for
shall be paid after it has been converted using the           the operations relating to tendering is not the interven­
average of the spot rates referred to in the second           tion agency which appoints the successful tenderer, it
subparagraph of Article 3 (2) to the tenderer in the          shall send as soon as possible to the latter the informa­
currency of the Member State in which the operations          tion necessary for releasing the security.
relating to the tendering are completed.
4. The intervention agency shall ask that the                                         Article 8
tenderer specifies the following information :
                                                              As regards this tender the intervention agency is auth­
(a) after each shipment, a statement giving details of
                                                              orized to make an initial payment of 80 % of the
     the quantities loaded, the quality of the products
                                                              value of the quantity given in the bill of lading, on
     and their packaging ;
                                                              presentation of that document and subject to the
(b) the date of the departure of the ships ; the              taking of a security for an amount equal to the initial
     expected date of arrival of the products at their        payment.
     destination ;
(c) all possible contingencies which might occur
                                                                                      Article 9
     during transportation of the products .
The intervention agency shall transmit the informa­           This Regulation shall enter into force on the day of its
tion provided for to the Commission as soon as it is          publication in the Official Journal of the European
received .                                                    Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 26 May 1978 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President