CELEX: 31979R1529
Language: en
Date: 1979-07-20
Title: Commission Regulation (EEC) No 1529/79 of 20 July 1979 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the Comoros

24. 7. 79                               Official Journal of the European Communities                         No L 186/7
                                   COMMISSION REGULATION ( EEC) No 1529/79
                                                         of 20 July 1979
               opening an invitation to tender for the mobilization of milled long grain rice as
                                                   food aid for the Comoros
THE COMMISSION OF THE EUROPEAN                                     whereas the award under the invitation to tender
 COMMUNITIES,                                                      must be made to the tenderer offering the best terms ;
 Having regard to the Treaty establishing the European             Whereas, should force majeure make it impossible to
 Economic Community,                                               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 ;
 1418/76 of 21 June 1976 on the common organiza­
 tion of the market in rice ( l ), as amended by Regula­           Whereas provision should be made for security to be
 tion (EEC) No 1 260/78 (2),
                                                                   given for the purpose of guaranteeing that the obliga­
                                                                   tions arising by virtue of participation in the invita­
 Having regard to Council Regulation (EEC) No                      tion to tender for supplies to the Comoros will be
 2750/75 of 29 October 1975 laying down the condi­                 fulfilled ;
 tions for the mobilization of cereals as food aid (3), and
 in particular Article 6 thereof,
                                                                   Whereas the Italian inj^rvention agency should be
                                                                   made responsible for the tendering procedure in ques­
 Having regard to Council Regulation No 129 on the                 tion ;
value of the unit of account and the exchange rates to
 be applied for the purposes of the common agricul­
 tural policy (4), as last amended by Regulation (EEC)             Whereas the Commission must be informed quickly
 No 2543/73 (5), and in particular Article 3 thereof,              of the tenders submitted in response to the invitation
                                                                   and of those accepted by the intervention agency ;
 Having regard to the opinion of the Monetary
 Committee,                                                        Whereas the measures provided for in this Regulation
                                                                   are in accordance with the opinion of the Manage­
Whereas on 8 May 1979 the Council of the European                  ment Committee for Cereals,
 Communities declared that it proposed, by way of
 Community action, to grant 931 tonnes of milled long
grain rice to the Comoros 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
 anywhere on the Community market ;
                                                                                           Article 1
 Whereas the proposed invitation to tender should be
 for supply of the products to the dock or in the                   1 . Tenders are hereby invited for the supply to the
 lighter where applicable at the port of unloading ;               Comoros, by way of Community food-aid action , of
                                                                   931 tonnes of milled long grain rice.
 Whereas, in view of the different monetary circum­
 stances in the Member States the observation of these             2.     The tendering procedure shall take place in Italy
 conditions is not guaranteed by the application of                in one lot. The products shall be mobilized on the
 exchange rates applicable in the framework of the                 Community market. The products shall be loaded for
 common agricultural policy since monetary compensa­               departure from any Community port.
 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 ;                                3 . The invitation to tender provided for in para­
                                                                   graph 1 is for supply of products to the dock, or in
(!) OJ No L 166 , 25 . 6 . 1976 , p. 1 .                           the lighter where applicable, in the ports of :
(2) OJ No L 156, 14. 6. 1978 , p. 11 .
(3) OJ No L 281 , 1 . 11 . 1975, p. 89.                            — Moroni (450 tonnes), and
(<) OJ No 106, .30 . 10 . 1962, p. 2553/62.
(5) OJ No L 263, 19 . 9 . 1973, p. 1 .                             — Mutsamudu (481 tonnes).
 ---pagebreak---  No L 186/ 8                          Official Journal of the European Communities                             24 . 7 . 79
 4. The successful tenderer shall deliver the product           cnbed time limit, save as regards quantities not deliv­
 specified in paragraph 1 in new jute sacks lined with          ered owing to force majeure.
 cotton sacks of a net capacity of 50 kilograms.
                                                                2. The security provided for in paragraph 1 may be
 The following shall be printed on the sacks :                  given in the form of a cash deposit or of a guarantee
 'Riz blanchi / Don de la Communauté économique                  issued by a credit institution conforming to the
 européenne aux Comores'.                                       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 Comoros must meet the
 letter ' R'.
                                                                following requirements :
                           Article 2                            — moisture : 15% ,
                                                                — broken rice : 35 % maximum ,
 1.    The decision on tenders received in response to          —    chalky grains : 5 % maximum ,
 the invitation provided for in Article 1 shall be taken        —    grains striated with red : 3 % maximum ,
 on 6 August 1979.                                              —    spotted grains : 1-5% maximum ,
                                                                —    stained grains : 1 % maximum ,
2. The closing date for the submission of tenders               —    yellow grains : 0 050 % maximum ,
shall be 6 August 1979, 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
 Communities not less than nine days before the                 2. Tenders for supply to the Comoros of the milled
closing date for the submission of tenders.                     long grain rice referred to in Article 1 must relate to a
                                                                product with the following characteristics :
                           Article J                            — moisture : 15% ,
                                                                — broken rice : 35 % maximum ,
 1 . The prices offered must be expressed in the
                                                                —    chalky grains : 5 % maximum ,
currency of the Member State in which the invitation
to tender was issued .
                                                                —    grains striated with red : 3 % maximum ,
                                                                —    spotted grains : 1-5% maximum ,
2.     The rates used for converting into units of              —    stained grains : 1 % maximum ,
account those offers made in national currencies shall          —    yellow grains : 0-050 % maximum ,
be :                                                            —    amber grains : 0 20 % maximum .
— the       central   rate in   cases where    the  relevant
     currency is held at any given moment within a                                       Article 7
     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
     duing the period from Wednesday of one week to
                                                                tender provided for by this Regulation .
     Tuesday of the following week and which immedi­
     ately precedes the time limit for the submission of        2.     It shall forthwith communicate to the Commis­
     tenders .
                                                                sion the list of firms which have responded to the invi­
                                                                tation to tender, specifying the terms of each tender
                           Article 4                            together with the name and business name of the
                                                                successful tenderer.
The contract shall be awarded to the tenderer offering
the best terms .                                                3 . Where the customs export formalities for the
                                                                mobilized product are completed in a Member State
However, if the tenders submitted do not appear to              other than that in which the invitation to tender is
reflect normal market prices and costs, the interven­           issued, the intervention agency of the latter Member
tion agency may cancel the invitation to tender.                State shall be responsible for the operations following
                                                                tendering, including payment to the successful
                           Article 5                            tenderer .
1 . The successful tenderer shall give security of a            In such case, the intervention agency choosing the
value of 12 ECU per tonne ; the security is intended            successful tenderer shall immediately inform the inter­
to guarantee that the operations specified in Article 1         vention agency of the Member State concerned and
are duly completed . The security shall be forfeit if           shall supply it with all the information which it may
those operations are not carried out within the pres­           require .
 ---pagebreak--- 24. 7. 79                        Official Journal of the European Communities                             No L 186/9
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, 20 July 1979 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President