CELEX: 31977R1749
Language: en
Date: 1977-07-29 00:00:00
Title: Commission Regulation (EEC) No 1749/77 of 29 July 1977 opening an invitation to tender for the mobilization of long grain milled rice as food aid for the Comoros

30 . 7 . 77                             Official Journal of the European Communities                           No L 191 / 55
                                   COMMISSION REGULATION (EEC) No 1749/77
                                                        of 29 July 1977
              opening an invitation to tender for the mobilization of long grain milled rice as
                                                  food aid for the Comoros
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 (EEC) No
                                                                   Whereas the Monetary Committee will be consulted ;
1418 /76 of 21 June 1976 on the common organiza­                   whereas, in view of the urgency, the measures envis­
tion of the market in rice ( 5 ),                                  aged should be adopted in accordance with the condi­
                                                                   tions laid down in Article 3 (2) of Council Regulation
Having regard to Council Regulation (EEC) No                       No 129 on the value of the unit of account and the
2750/75 of 29 October 1975 laying down the con­                    exchange rates to be applied for the purposes of the
ditions for the mobilization of cereals as food aid (2),           common agricultural policy (3), as last amended by
and in particular Article 6 thereof,                               Regulation (EEC) No 2543/73 (4), and in particular
                                                                   Article 3 thereof ;
Whereas on 8 February 1977 the Council of the Euro­
pean Communities declared that it proposed, by way                 Whereas the measures provided for in this Regulation
of Community action, to grant the equivalent of 2 500              are in accordance with the opinion of the Manage­
                                                                   ment Committee for Cereals,
tonnes of husked rice (in other words 2 140 tonnes of
long grain milled rice) to the Comoros under its
1975/76 and 1976/77 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 delivered in the ship's hold            1 . Tenders are hereby invited for supply to the
at the port of unloading ;                                         Comoros, by way of Community action, of 2 140
                                                                   tonnes of long grain milled 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
                                                                   in two lots. 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.
common agricultural policy since monetary compensa­
tory amounts do not apply in the rice sector ; whereas
it is advisable to take account of the monetary situa­             3 . The invitation to tender provided for in para­
tion as regards different offers ;                                 graph 1 is for supply of products delivered in the
                                                                   ship's hold at the port of unloading (Moroni : 1 240
                                                                   tonnes ; Mutsamudu : 900 tonnes). The recipient
Whereas the award under the invitation to tender
                                                                   country shall bear all costs subsequent to delivery of
must be made to the tenderer offering the best terms ;             the goods, including unloading costs (such as
                                                                   unstowing, hoisting and reception) and any lighterage
                                                                   costs .
Whereas provision should be made for security to be
given for the purpose of guaranteeing that the obliga­
tions arising by virtue of participation in the invita­            4. The successful tenderer shall deliver the product
tion to tender for supplies to the Comoros will be                 specified in paragraph 1 in new jute sacks of a net
fulfilled ;                                                        capacity of 50 kilograms.
(') OJ No L 166, 25 . 6 . 1976, p . 1 .                            (3) OJ No 106, 30 . 10 . 1962, p . 2553/62.
(2 ) OJ No L 281 , 1 . 11 . 1975, p . 89 .                         (4) OJ No L 263 , 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- No L 191 /56                         Official Journal of the European Communities                             30 . 7. 77
Minimum weight of the sacks shall be 600 grams. The             Article 1 are duly completed. The security shall be
following shall be printed on the sacks :                       forfeit if those operations are not carried out within
'Riz / Don de la Communauté économique euro­                    the prescribed time limit, save as regards quantities
péenne aux îles Comores'.                                       not delivered owing to force majeure.
To allow for the possibility of re-bagging, the                 2. The security provided for in paragraph 1 may be
successful tenderer shall supply 2 % of new empty               given in the form of a cash deposit or of a guarantee
sacks, of the same quality as those containing the              issued by a credit institution conforming to the
goods but with the printing followed by a capital               criteria laid down by the Member State.
letter 'R'.
                                                                                         Article 6
                          Article 2
                                                                1 . The long grain milled rice referred to in Article
 1 . The decision on tenders received in response to            1 to be supplied to the Comoros must meet the
the invitation provided for in Article 1 shall be taken         following requirements :
on 22 August 1977.                                              — moisture : 15 % ,
2. The closing date for the submission of tenders               — broken rice : 35 % maximum,
shall be 22 August 1977 at 12 noon .                            —   chalky grains : 5 % maximum,
                                                                —   grains striated with red : 3 % maximum,
3.     The    notice   of invitation  to  tender shall   be     —   spotted grains : 1-5% maximum,
published in the Official Journal of the European               —   stained grains : 1 % maximum,
 Communities not less than six days before the closing          — yellow grains : 0 050 % maximum,
date for the submission of tenders.                             — amber grains : 0-20 % maximum.
                          Article 3                             Rice not meeting these requirements shall be refused.
 1 . The prices offered must be expressed in the                2. Tenders for supply to the Comoros of the long
currency of the Member State in which the invitation            grain milled rice referred to in Article 1 must relate to
to tender was issued .                                          a product with the following characteristics :
                                                                — moisture : 15% ,
2. For the purpose of rendering the tenders compar­             — broken rice : 35 % maximum,
able, the prices shall, where appropriate, be corrected         —   chalky grains : 5 % maximum,
by the accession compensatory amount applicable on              —   grains striated with red : 3 % maximum,
the closing date for submission of tenders to exports           —   spotted grains : 1 -5 % maximum,
from the Member State mentioned in the tender.
                                                                —   stained grains : 1 % maximum,
3.     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              1 . The Italian intervention agency shall be respon­
     band of 2-25 % ,
                                                                sible for the operations relating to the invitation to
— in other cases the average spot exchange rate                 tender provided for by this Regulation .
     during the period from Wednesday of one week to
     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        sion the list of firms which have responded to the invi­
     tenders .                                                  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
correspond to normal market prices and costs, the               State shall be responsible for the operations following
intervention agency may cancel the invitation to                tendering, including payment to the successful
tender.                                                         tenderer.
                          Article 5                             In such case, the intervention agency choosing the
                                                                successful tenderer shall immediately inform the inter­
 1 . The successful tenderer shall give security of a           vention agency of the Member State concerned and
value of 10 units of account per tonne ; the security is        shall supply it with all the information which it may
intended to guarantee that the operations specified in          require.
 ---pagebreak--- 30 . 7. 77                        Official Journal of the European Communities                           No L 191 / 57
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 (3) 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 :
(a) after each shipment, a statement giving details of        As regards this tender the intervention agency is auth­
     the quantities loaded, the quality of the products       orized to make an initial payment of 80 % of the
     and their packaging ;                                    value of the quantity given in the bill of lading, on
(b) the date of the departure of the ships ; the              presentation of that document and subject to the
     expected date of arrival of the products at their        taking of a security for an amount equal to the initial
     destination ;                                            payment.
(c) all possible contingencies which might occur
     during transportation of the products.                                           Article 9
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, 29 July 1977.
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President