CELEX: 31978R1663
Language: en
Date: 1978-07-14 00:00:00
Title: Commission Regulation (EEC) No 1663/78 of 14 July 1978 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the Democratic Republic of Sao Tome and Principe

15. 7. 78                             Official Journal of the European Communities                             No L 192/45
                                 COMMISSION REGULATION (EEC) No 1663/78
                                                      of 14 July 1978
               opening an invitation to tender for the mobilization of milled long grain rice as
                      food aid for the Democratic Republic of Sao Tome and Principe
THE COMMISSION OF THE EUROPEAN                                   Whereas provision should be made for security to be
COMMUNITIES,                                                     given for the purpose of guaranteeing that the obliga­
                                                                 tions arising by virtue of participation in the invita­
Having regard to the Treaty establishing the European            tion to tender for supplies to the Democratic Republic
Economic Community,                                              of Sao Tome and Principe will be fulfilled ;
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 in ques­
tion of the market in rice (1 ), as amended by Regula­           tion ;
tion (EEC) No 1 260/78 (2),
                                                                 Whereas the Commission must be informed quickly
Having regard to Council Regulation (EEC) No                     of the tenders submitted in response to the invitation
2750/75 of 29 October 1975 laying down the condi­                and of those accepted by the intervention agency ;
tions for the mobilization of cereals as food aid (3), and
in particular Article 6 thereof,                                 Whereas the Monetary Committee will be consulted ;
                                                                 whereas, in view of the urgency, the measures envis­
Whereas on 30 January 1978 the Council of the Euro­              aged should be adopted in accordance with the condi­
pean Communities declared that it proposed, by way               tions laid down in Article 3 (2) of Council Regulation
                                                                 No 129 on the value of the unit of account and the
of Community action, to grant the equivalent of 600
tonnes of husked rice (in other words, 414 tonnes of             exchange rates to be applied for the purposes of the
milled long grain rice) to the Democratic Republic of            common agricultural policy (4), as last amended by
Sao Tome and Principe under its 1977/78 food-aid                 Regulation (EEC) No 2543/73 (5), and in particular
                                                                 Article 3 thereof ;
programme ;
Whereas pursuant to Article 3 (3) of Council Regula­             Whereas the measures provided for in this Regulation
tion (EEC) No 2750/75 the goods may be purchased                 are in accordance with the opinion of the Manage­
anywhere on the Community market ;                                ment Committee for Cereals,
Whereas the proposed invitation to tender should be
for supply of the products to the dock, or in the
lighter where applicable, at the port of unloading ;              HAS ADOPTED THIS REGULATION :
Whereas, in view of the different monetary circutrf­
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
common agricultural policy since monetary compensa­               1 . Tenders are hereby invited for the supply to the
 tory amounts do not apply in the rice sector ; whereas           Democratic Republic of Sao Tome and Principe, by
 it is advisable to take account of the monetary situa­           way of Community food-aid action, of 414 tonnes of
 tion as regards different offers ;                               milled long grain rice .
Whereas the award under the invitation to tender                  2. The tendering procedure shall take place in Italy
 must be made to the tenderer offering the best terms ;           in one lot. The products shall be mobilized on the
                                                                  Community market. The products shall be loaded for
                                                                  departure from any Community port.
 Whereas, should force majeure make it impossible to
 complete the operation in question within the time
 limits specified, it must be made clear who is to bear           3 . The invitation to tender provided for in para­
 the liability for any resulting costs ;                          graph 1 is for supply of products to the dock, or in
                                                                  the lighter where applicable, in the port of Sao Tome .
 (') OJ No L 166, 25 . 6. 1976, p. 1 .
 (2) OJ No L 156, 14. 6. 1978 , p . 11 .                          (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 192/46                         Official Journal of the European Communities                            15. 7. 78
4. The successful tenderer shall deliver the product          the prescribed time limit, save as regards quantities
specified in paragraph 1 in new jute sacks of a net            not delivered owing to force majeure.
capacity of 50 kilograms,
                                                               2. The security provided fbr in paragraph 1 may be
Minimum weight of the sacks shall be 600 grams. The           given in the form of a cash deposit or of a guarantee
following shall be printed on the sacks :                     issued by a credit institution conforming to the
 Arroz — Dom de Communidade economica europea                 criteria laid down by the Member State.
a Republica Democratica de Sào Tome e Principe'.
                                                                                        Article 6
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty              1 . The milled long grain rice referred to in Article
sacks, of the same quality as those containing the             1 to be supplied to the Democratic Republic of Sao
goods but with the printing followed by a capital             Tome and Principe must meet the following require­
letter 'R \                                                   ments :
                                                              — 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 31 July 1978 .
                                                              —    stained grains : 1 % maximum,
2. The closing date for the submission of tenders             —    yellow grains : 0 050 % maximum,
shall be 31 July 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 Democratic Republic
Communities, not less than nine days before the
                                                              of Sao Tome and Principe of the milled long grain
closing date for the submission of tenders.
                                                              rice referred to in Article 1 must relate to a product
                                                              with the following characteristics :
                          Article 3
                                                              — moisture : 15% ,
1.     The prices offered must be expressed in the            — broken rice : 5 % maximum,
currency of the Member State in which the invitation          —    chalky grains : 5 % maximum,
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 % ,
— in other cases, the average spot exchange rate               1 . The Italian intervention agency shall be respon­
     during the period from Wednesday of one week to          sible for the operations relating to the invitation to
     Tuesday of the following week and which immedi­          tender provided for by this Regulation .
     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 10 units of account per tonne ; the security is      successful tenderer shall immediately inform the inter­
intended to guarantee that the operations specified in        vention agency of the Member State concerned and
Article 1 are duly completed. The security shall be           shall supply it with all the information which it may
forfeit if those operations are not carried out within        require.
 ---pagebreak--- 15 . 7 . 78                       Official Journal of the European Communities                           No L 192/47
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, 14 July 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President