CELEX: 31979R1233
Language: en
Date: 1979-06-22 00:00:00
Title: Commission Regulation (EEC) No 1233/79 of 22 June 1979 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the Socialist Republic of Vietnam

23 . 6 . 79                            Official Journal of the European Communities                         No L 156/ 11
                                    COMMISSION REGULATION ( EEC) No 1233/79
                                                        of 22 June 1979
               opening an invitation to tender for the mobilization of semi-milled long grain
                                rice as food aid for the Socialist Republic of Vietnam
 THE COMMISSION OF THE EUROPEAN                                    limits specified, it must be made clear who is to bear
 COMMUNITIES,                                                      the liability for any resulting costs ;
 Having regard to the Treaty establishing the European             Whereas provision should be made for security to be
 Economic Community,                                              given to guarantee fulfilment of the obligations arising
                                                                   by virtue of participation in the invitation to tender ;
 Having regard to Council Regulation ( EEC) No                     Whereas the Italian intervention agency should be
 1418 /76 of 21 June 1976 on the common organiza­                  made responsible for the tendering procedure ;
tion of the market in rice ('), as amended by Regula­
 tion (EEC) No 1 260/78 (2),
                                                                  Whereas the Commission must be informed quickly
                                                                   of the tenders submitted in response to the invitation
 Having regard to Council Regulation (EEC) No                     and of those accepted by the intervention agency ;
 2750/75 of 29 October 1975 laying down the condi­
 tions for the mobilization of cereals as food aid (3), and
in particular Article 6 thereof,                                  Whereas Council Regulation (EEC) No 652/79 of 29
                                                                  March 1 979 (4) laid down the coefficient for
                                                                  expressing amounts, fixed in units of account, in
Whereas on 8 May 1979 the Council of the European                  ECU ;
 Communities declared that it proposed, by way of
Community action , to grant 8 000 tonnes of semi­                 Whereas the measures provided for in this Regulation
milled long grain rice to the Socialist Republic of               are in accordance with the opinion of the Manage­
Vietnam under its 1978 /79 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 Haiphong, that is                                      Article 1
at the moment when the goods are actually placed on
the dock or in the lighter where applicable ;
                                                                   1 . Tenders are hereby invited for the supply to the
                                                                  Socialist Republic of Vietnam , by way of Community
Whereas in view of the different monetary circum­                 food-aid action , of 8 000 tonnes of semi-milled long
stances in the Member States, the observation of these            grain rice .
conditions is not guaranteed by the application of
exchange rates applicable in the framework of the
common agricultural policy since monetary compensa­               2.     The tendering procedure shall take place in Italy
                                                                  in one lot of 8 000 tonnes .
tory amounts do not apply in the rice sector ; whereas
it is advisable to take account of the monetary situa­
tion as regards different offers ;                                The products shall be mobilized on the Community
                                                                  market .
Whereas the award under the invitation to tender
must be made to the tenderer offering the best terms ;            Shipment shall be from a Community port.
Whereas, should force majeure make it impossible to               3 . The invitation to tender provided for in para­
complete the operation in question within the time                graph 1 is for supply of products delivered Haiphong,
                                                                  that is at the moment when the goods are actually
(') OJ No L 166, 25 . 6 . 1976 , p. 1 .                           placed on the dock or in the lighter where applicable.
(2 ) OJ No L 156, 14. 6. 1978 , p. 11 .
(3) OJ No L 281 , 1 . 1 1 . 1975, p. 89 .                         (4 ) OJ No L 84, 4 . 4. 1979 , p. 1 .
 ---pagebreak---  No L 156/ 12                         Official Journal of the European Communities                            23 . 6 . 79
 4. The successful tenderer shall deliver the product                                    Article 5
 specified in paragraph 1 in new jute sacks of a net
 capacity of 50 kilograms .                                      1 . The successful tenderer shall give security of a
                                                                value of 12 ECU per tonne ; the security is intended
 Minimum weight of the sacks shall be 600 grams. The             to guarantee that the operations specified in Article 1
 following shall be printed on the sacks :                       are duly completed . The security shall be forfeit if
 ' Riz semi-blanchi / Don de la Communauté écono­                those operations are not carried out within the pres­
                                                                 cribed time limt, save as regards quantities not deliv­
 mique européenne au Viêt-nam / A distribuer gratuite­           ered owing to force majeure.
 ment.'
                                                                 2. The security provided for in paragraph 1 may be
 To allow for the possibility of re-bagging, the                given in the form of a cash deposit or of a guarantee
 successful tenderer shall supply 2 % of new empty               issued by a credit institution conforming to the
 sacks, of the same quality as those containing the             criteria laid down by the Member State .
goods but with the printing followed by a capital
 letter ' R '.
                                                                                         Article 6
                           Article 2                            The semi-milled long grain rice referred to in Article
                                                                 1 to be supplied to the Socialist Republic of Vietnam
 1 . The decision on tenders received in response to             must meet the following requirements :
 the invitation provided for in Article 1 shall be taken
                                                                — moisture : 15% ,
 on 5 July 1979 .
                                                                — broken rice : 5 % maximum ,
 2. The closing date for the submission of tenders              —    chalky grains : 5 % maximum ,
shall be 5 July 1979 at 12 noon .
                                                                —    grains striated with red : 3 % maximum ,
3.      The    notice   of invitation to   tender  shall  be    —    spotted grains : 15% maximum ,
 published in the Official Journal of the European              —    stained grains : 1 % maximum ,
 Communities, not less than nine days before the
closing date for the submission of tenders.                     —    yellow grains 0 050 % maximum ,
                                                                —    amber grains : 0 20 % maximum .
                           Article 3                            Rice not meeting these requirements shall be refused .
 1 . The prices offered must be expressed in the                                         Article 7
currency of the Member State in which the invitation
to tender was issued .
                                                                 1 . The Italian intervention agency shall be respon­
2.      For the purpose of rendering the tenders compar­        sible for the operations relating to the invitation to
able, the prices shall , where appropriate, be corrected        tender provided for by this Regulation .
by the accession compensatory amount applicable on              2.     It shall forthwith communicate to the Commis­
the closing date for submission of tenders to exports           sion the list of firms which have responded to the invi­
from the Member State mentioned in the tender.
                                                                tation to tender, specifying the terms of each tender,
                                                                together with the name and business name of the
3.      The rates used for converting into units of             successful tenderer.
account those offers made in national currencies shall
be :
                                                                3 . Where the customs export formalities for the
— the        central  rate in   cases where    the  relevant    mobilized product are completed in a Member State
                                                                other than that in which the invitation to tender is
      currency is held at any given moment within a
      band of 2-25 % ,                                          issued , the intervention agency of the latter Member
                                                                State shall be responsible for the operations following
— in other cases, the average spot exchange rate
                                                                tendering, including payment to the successful ten­
      during the period from Wednesday of one week to           derer.
      Tuesday of the following week and which immedi­
      ately precedes the time limit for the submission of       In such case, the intervention agency choosing the
      offers .                                                  successful tenderer shall immediately inform the inter­
                                                                vention agency of the Member State concerned and
                           Article 4                            shall supply it with all the information which it may
                                                                require .
The contract shall be awarded to the tenderer offering
the best terms .                                                Furthermore , the amount of the successful tender
                                                                shall be paid after it has been converted using the
However, if the tenders submitted do not appear to              average of the spot rates referred to in the second
correspond to normal market prices and costs, the               subparagraph of Article 3 (3) to the tenderer in the
intervention agency may cancel the invitation to                currency of the Member State in which the operations
tender .                                                        relating to the tendering are completed .
 ---pagebreak--- 23 . 6 . 79                        Official Journal of the European Communities                          No L 156/ 13
4. The intervention agency shall ask that the                 tion agency which appoints the successful tenderer, it
tenderer specifies the following information :                shall send as soon as possible to the latter the informa­
(a) after each shipment, a statement giving details of        tion necessary for releasing the security.
     the quantities loaded, the quality of the products                               Article 8
     and their packaging ;
(b) the date of the departure of the ships ; the              As regards this tender, the intervention agency is auth­
     expected date of arrival of the products at their        orized to make an initial payment of 80 % of the
     destination ;                                            value of the quantity given in the bill of lading, on
(c) all possible contingencies which might occur              presentation of that document and subject to the
     during transportation of the products .                  taking of a security for an amount equal to the initial
                                                              payment .
The intervention agency shall transmit the informa­
tion provided for to the Commission as s.oon as it is                                 Article 9
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, 22 June 1979 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President