CELEX: 31977R2371
Language: en
Date: 1977-10-28 00:00:00
Title: Commission Regulation (EEC) No 2371/77 of 28 October 1977 opening an invitation to tender for the mobilization of long grain milled rice as food aid for the Republic of Niger

No L 277/ 20                            Official Journal of the European Communities                           29 . 10 . 77
                                   COMMISSION REGULATION ( EEC) No 2371 /77
                                                      of 28 October 1977
              opening an invitation to tender for the mobilization of long grain milled rice as
                                             food aid for the Republic of Niger
THE COMMISSION OF THE EUROPEAN                                    Whereas the Italian intervention agncy should be
COMMUNITIES,                                                      made responsible for the tendering procedure in ques­
                                                                  tion ;
Having regard to the Treaty establishing the European
Economic Community,                                               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 ;
1418 /76 of 21 June 1976 on the common organiza­
tion of the market in rice ('), as amended by Regula­             Whereas the Monetary Committee will be consulted ;
tion (EEC) No 1158 /77(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
2750/75 of 29 October 1975 laying down the condi­                  tions laid down in Article 3 (2) of Council Regulation
                                                                   No 129 on the value of the unit of account and the
tions for the mobilization of cereals as food aid (3), and
in particular Article 6 thereof,                                  exchange rates to be applied for the purposes of the
                                                                  common agricultural policy (4), as last amended by
Whereas on 25 March 1976 the Council of the Euro­                  Regulation (EEC) No 2543/73 (5), and in particular
                                                                  Article 3 thereof ;
pean Communities declared that it proposed, by way
of Community action , to grant the equivalent of 1 250
tonnes of husked rice (in other words, 1 035 tonnes of            Whereas the measures provided for in this Regulation
long grain milled rice) to the Republic of Niger,                  are in accordance with the opinion of the Manage­
under its 1975/76 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 Niamey ;                                              Article 1
Whereas in view of the different monetary circum­                  1 . Tenders are hereby invited for the supply to the
stances in the Member States , the observation of these            Republic of Niger by way of Community food-aid
conditions is not guaranteed by the application of                 action , of 1 035 tonnes of long grain milled rice.
exchange rates applicable in the framework of the
common agricultural policy since monetary compensa­                2. The tendering procedure shall take place in Italy
tory amounts do not apply in the rice sector ; whereas             in one lot. The product shall be mobilized on the
it is advisable to take account of the monetary situa­
                                                                   Community market. The product shall be loaded for
tion as regards different offers ;                                 departure from any Community port.
Whereas the award under the invitation to tender
must be made to the tenderer offering the best terms ;             3 . The invitation to tender provided for in para­
                                                                   graph 1 is for supply of the products delivered to
Whereas, should force majeure make it impossible to                Niamey.
complete the operation in question within the time
limits specified, it must be made clear who is to bear             4. The successful tenderer shall deliver the product
the liability for any resulting costs ;                            specified in paragraph 1 in new jute sacks of a net
                                                                   capacity of 50 kilograms.
Whereas provision should be made for security to be
given for the purpose of guaranteeing that the obliga­             Minimum weight of the sacks shall be 600 grams. The
tions arising by virtue of participation in the invita­            following shall be printed on the sacks :
tion to tender for supplies to the Republic of Niger
will be fulfilled ;                                                 Riz / Don de la Communauté économique euro­
                                                                   péenne à la République du Niger'.
(') OJ No L 166, 25 . 6 . 1976, p. 1 .
(2 ) OJ No L 136, 2 . 6 . 1977, p. 13 .                            (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--- 29 . 10 . 77                        Official Journal of the European Communities                        No L 277/ 21
To allow for the possibility of re-bagging, the               issued by a credit institution conforming to the
successful tenderer shall supply 2 % of new empty             criteria laid down by the Member State.
sacks, of the same quality as those containing the
goods but with the printing followed by a capital                                       Article 6
letter 'R'.
                                                               1 . The long grain milled rice referred to in Article
                         Article 2                             1 to be supplied to the Republic of Niger must meet
                                                              the following requirements :
1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken       — moisture : 15% ,
on 14 November 1977 .                                         — broken rice : 30 % maximum ,
                                                              —    chalky grains : 5 % maximum,
2.     The closing date for the submission of tenders         —    grains striated with red : 3 % maximum,
shall be 14 November 1977 at 12 noon .                        —    spotted grains : 1 -5 % maximum ,
3.     The   notice   of invitation to   tender shall   be    —    stained grains : 1 % maximum,
published in the Official Journal of the European             —    yellow grains : 0-050 % maximum,
Communities, not less than nine days before the               —    amber grains : 0-20 % maximum .
closing date for the submission of tenders.                   Rice not meeting these requirements shall be refused .
                         Article 3                            2. Tenders for supply to the Republic of Niger of
                                                              the long grain milled rice referred to in Article 1 must
1 . The prices offered must be expressed in the               relate to a product with the following characteristics :
currency of the Member State in which the invitation
to tender was issued .                                        — moisture : 15% ,
                                                              — broken rice : 30 % maximum,
2. For the purpose of rendering the tenders compar­           —    chalky grains : 5 % maximum,
able, the prices shall, where appropriate, be corrected       —    grains striated with red : 3 % maximum,
by the accession compensatory amount applicable on            —    spotted grains : 1-5 % maximum,
the closing date for submission of tenders to exports         —    stained grains : 1 % maximum,
from the Member State mentioned in the tender.                —    yellow grains : 0-050 % maximum,
                                                              —    amber grains : 0-20 % maximum .
3.     The rates used for converting into units of
account those offers made in national currencies shall
be :                                                                                    Article 7
— the      central  rate  in  cases where    the  relevant     1 . The Italian intervention agency shall be respon­
     currency is held at any given moment within a            sible for the operations relating to the invitation to
     band of 2-25 % ,                                         tender provided for by this Regulation .
— in other cases, the average spot exchange rate              2.     It shall forthwith communicate to the Commis­
     during the period from Wednesday of one week to
     Tuesday of the following week and which immedi­          sion the list of firms which have responded to the invi­
     ately precedes the time limit for the submission of      tation to tender, specifying the terms of each tender,
     tenders.                                                 together with the name and business name of the
                                                              successful tenderer.
                         Article 4                            3 . Where the customs export formalities for the
The contract shall be awarded to the tenderer offering        mobilized product are completed in a Member State
                                                              other than that in which the invitation to tender is
the best terms .
                                                              issued, the intervention agency of the latter Member
However, if the tenders submitted do not appear to            State shall be responsible for the operations following
reflect normal market prices ana costs, the interven­         tendering, including payment to the successful ten­
tion agency may cancel the invitation to tender.              derer.
                         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.
Article 1 are duly completed. The security shall be
                                                               Furthermore, the amount of the successful tender
forfeit if those operations are not carried out within
the prescribed time limit, save as regards quantities         shall be paid after it has been converted using the
not delivered owing to force majeure.                         average of the spot rates referred to in the second
                                                              subparagraph of Article 3 (2) to the tenderer in the
2. The security provided for in paragraph 1 may be            currency of the Member State in which the operations
given in the form of a cash deposit or of a guarantee         relating to the tendering are completed.
 ---pagebreak--- No L 277/22                        Official Journal of the European Communities                             29 . 10 . 77
4. The intervention agency shall request the                 tion agency which appoints the successful tenderer, it
successful tenderer to supply the following informa­         shall send as soon as possible to the latter the informa­
tion :                                                       tion necessary for releasing the security.
(a) after each shipment, a statement giving details of
    the quantities loaded, the quality of the products                               Article 8
    and their packaging ;
                                                             As regards this tender, the intervention agency is auth­
(b) the date of the departure of the vessels ; the           orized to make an initial payment of 80 % of the
    expected date of arrival of the products at their        value of the quantity given in the bill of lading, on
    destination ;
                                                             presentation of that document and subject to the
(c) all possible contingencies which might occur             taking of a security for an amount equal to the initial
    during transportation of the products.                   payment.
The information indicated above shall be forwarded
by the intervention agency to the Commission imme­                                   Article 9
diately upon receipt.
                                                             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, 28 October 1977.
                                                                      For the Commission
                                                                       Finn GUNDELACH
                                                                          Vice-President