CELEX: 31976R1125
Language: en
Date: 1976-05-14 00:00:00
Title: Commission Regulation (EEC) No 1125/76 of 14 May 1976 opening an invitation to tender for the mobilization of round grain milled rice as food air for the Democratic Republic of São Tomé and Principe

No L 127/22                          Official Journal of the European Communities                            15. 5. 76
                                 COMMISSION REGULATION (EEC) No 1125/76
                                                     of 14 May 1976
              opening an invitation to tender for the mobilization of round grain milled 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 will be fulfilled ;
Economic Community,
                                                                Whereas the Italian intervention agency should be
                                                                made responsible for the tendering procedure ;
Having regard to Council Regulation No 359/67/EEC
of 25 July 1967 on the common organization of the               Whereas the Commission must be informed quickly
market in rice (J), as last amended by Regulation               of the tenders submitted in response to the invitation
(EEC) No 832/76 (2),                                            and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No                    Whereas the Monetary Committee will be consulted ;
2750/75 of 29 October 1975 laying down the condi­               whereas, in view of the urgency, the measures envis­
tions for the mobilization of cereals as food aid (3), and      aged should be adopted in accordance with the condi­
in particular Article 6 thereof,                                tions laid down in Article 3 (2) of Council Regulation
                                                                No 129 on the value of the unit of account and the
Whereas on 25 March 1976 the Council of the Euro­               exchange rates to be applied for the purposes of the
pean Communities declared that it proposed, by way              common agricultural policy (4), as last amended by
of Community action, to grant the equivalent of 449             Regulation (EEC) No 2543/73 (5), and in particular
metric tons of husked rice (in other words, 348 metric          Article 3 thereof ;
tons of round grain milled rice) to the Democratic
Republic of Sao Tome and Principe under its 1975/76             Whereas the measures provided for in this Regulation
food-aid programme ;                                            are in accordance with the opinion of the Manage­
                                                                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 removed from the ship's                                      Article 1
hold at the port of unloading ;
                                                                1 . Tenders are hereby invited for the supply to the
Whereas in view of the different monetary circum­               Democratic Republic of Sao Tome and Principe by
stances in the Member States, the observation of these          way of Community action, of 348 metric tons of
conditions is not guaranteed by the application of              round 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                3. The invitation to tender provided for in para­
must be made to the tenderer offering the best terms ;          graph 1 is for supply of products removed from the
                                                                ship's hold at the port of unloading.
Whereas, should force majeure make it impossible to
complete the operation in question within the time              The recipient country shall bear all costs subsequent
limits specified, it must be made clear who is to bear          to delivery of the goods, including unloading costs
the liability for any resulting costs ;                         (such as unstowing, hoisting and reception) and any
                                                                lighterage costs.
(») OJ No 174, 31 . 7. 1967, p. 1 .
(2) OJ No L 100, 14. 4. 1976, p. 1 .                            (4) OJ No 106, 30. 10. 1962, p. 2553/62.
(3) OJ No L 281 , 1 . 11 . 1975, p. 89 .                        (*) OJ No L 263, 19 . 9. 1973, p. 1 .
 ---pagebreak--- 15. 5. 76                          Official Journal of the European Communities                         No L 127/23
Any demurrage costs or dispatch money at the port of                                   Article 5
unloading shall be a charge on or for the benefit of
the recipient country. The rates and detailed arrange­        1 . The successful tenderer shall give security of a
ments relating thereto laid down in the contract              value of 10 units of account per metric ton ; the secu­
between the authorized agent of the Community and             rity is intended to guarantee that the operations speci­
the carrier must have been agreed upon in advance by          fied in Article 1 are duly completed. The security
the authorized agent and the receiving agent of the           shall be forfeit if those operations are not carried out
recipient country.                                           within the prescribed time limit, save as regards quan­
                                                              tities not delivered owing to force majeure.
4. The successful tenderer shall deliver the product
specified in paragraph 1 in new jute sacks of a net           2. The security provided for in paragraph 1 may be
capacity of 50 kg.                                           given in the form of a cash deposit or of a guarantee
                                                              issued by a credit institution conforming to the
The following shall be printed on the sacks :                criteria laid down by the Member State.
 Arroz — Dom da Comunidade economica europeia a
Republica democratica de Sào Tomé e Principe'.                                         Article 6
                        Article 2
                                                              1 . The round grain milled rice referred to in Article
                                                              1 to be supplied to Sao Tome and Principe must meet
1 . The decision on tenders received in response to           the following requirements :
the invitation provided for in Article 1 shall be taken      — moisture : 1 5 % ;
on 31 May 1976.                                              — broken rice : 5 % maximum ;
2. The closing date for the submission of tenders            — chalky grains : 3 % maximum ;
shall be on 31 May 1976 at 12 noon.                          — grains striated with red : 3 % maximum ;
                                                             — spotted grains : 1 % maximum ;
3.     The   notice of invitation   to tender shall    be    — stained grains : 0-50 % maximum ;
published in the Official Journal of the European            — yellow grains : 0-050 % maximum ;
Communities not less than nine days before the               — amber grains : 0125% maximum .
closing date for the submission of tenders.
                                                              Rice not meeting these requirements shall be refused.
                        Article 3                             2. Tenders for supply to Sao Tome and Principe of
                                                              the round grain milled rice referred to in Article 1
1 . The prices offered must be expressed in the
currency of the Member State in which the invitation          must relate to a product with the following characteris­
                                                              tics :
to tender was issued.
                                                             — moisture : 15 % ;
2. For the purpose of rendering the tenders compar­          — broken rice : 5 % maximum ;
able, the prices shall, where appropriate, be corrected      — chalky grains : 3 % 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 % maximum ;
from the Member State mentioned in the tender.
                                                             — stained grains : 0-50 % 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 : 0-125 % 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
     offers.                                                  tation to tender, specifying the terms of each tender,
                                                             together with the name and business name of the
                                                             successful tenderer.
                        Article 4
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.
 ---pagebreak--- No L 127/24                       Official Journal of the European Communities                                 15. 5. 76
In such case, the intervention agency choosing the           (c) all possible contingencies which might occur
successful tenderer shall immediately inform the inter­          during transportation of the products.
vention agency of the Member State concerned and
shall supply it with all the information which it may        The intervention agency shall transmit the informa­
require.                                                     tion provided for to the Commission as soon as it is
Furthermore, the amount of the successful tender             received.
shall be paid after it has been converted using the
average of the spot rates referred to in the second          5. When the intervention agency responsible for
subparagraph of Article 3 (3) to the tenderer in the         the operations relating to tendering is not the interven­
currency of the Member State in which the operations         tion agency which appoints the successful tenderer, it
relating to the tendering are completed.                     shall send as soon as possible to the latter the informa­
4. The intervention agency shall ask that the                tion necessary for releasing the security.
tenderer specifies the following information :
(a) after each shipment, a statement giving details of
    the quantities loaded, the quality of the products                                     Article 8
    and their packaging ;
(b) the date of the departure of the ships ; the             This Regulation shall enter into force on the day of its
    expected date of arrival of the products at their        publication in the Official Journal of the European
    destination :                                             Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 14 May 1976.
                                                                        For the Commission
                                                                          P.     LARDINOIS
                                                                   Member of the Commission
                                                         ANNEX
                  Number                                                                              Metric
                                       Port of unloading          Minimum rate of unloading
                   of lot                                                                          tonnage cif
                     1      Sao Tome                             Customs of the port                   348