CELEX: 31975R1014
Language: en
Date: 1975-04-18 00:00:00
Title: Regulation (EEC) No 1014/75 of the Commission of 18 April 1975 opening an invitation to tender for the mobilization of round grain milled rice as food aid for the International Committee of the Red Cross

No L 98 / 14                           Official Journal of the European Communities                              19 . 4. 75
                           REGULATION (EEC) No 1014/75 OF THE COMMISSION
                                                      of 18 April 1975
              opening an invitation to tender for the mobilization of round grain milled rice
                         as food aid for the International Committee of the Red Cross
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 International
Economic Community ;                                              Committee of the Red Cross will be fulfilled ;
Having regard to Council Regulation No 359/                       Whereas the Italian intervention agency should be
67/ EEC (') of 25 July 1967 on the common organiza­               made resonsible for the tendering procedure ;
tion of the market in rice, as last amended by Regula­
                                                                  Whereas the Commission must be informed quickly
tion (EEC) No 476/75 (2) ;
                                                                  of the tenders submitted in response to the invitation
                                                                  and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No
1 693/72 (3) of 3 August 1972 laying down the condi­              Whereas the Monetary Committee will be consulted ;
tions for the mobilization of cereals as food aid, and            whereas, in view of the urgency, the measures envis­
in particular Article 6 thereof ;                                 aged should be adopted in accordance with the condi­
                                                                  tions laid down in Article 3 (2) of Council Regulation
Whereas on 16 April 1975 the Commission of the                    No 129 (4) on the value of the unit of account and the
European Communities declared that it proposed, by                exchange rates to be applied for the purposes of the
way of Comunity action , to grant the equivalent of               common agricultural policy, as last amended by Regu­
1 290 metric tons of husked rice (in other words,                 lation (EEC) No 2543/73 (5), and in particular Article
1 000 metric tons of round grain milled rice) to the              3 thereof ;
International Committee of the Red Cross under its
1973/74 food-aid programme ;                                      Whereas the measures provided for in this Regulation
                                                                  are in accordance with the Opinion of the Manage­
Whereas pursuant to Article 3 (3) of Council Regula­              ment Committee for Cereals ,
tion (EEC) No 1693/72 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 cif, that is at the
moment when the goods are actually placed on the                                             Article 1
dock or in the lighter where applicable ;
                                                                  1 . Tenders are hereby invited for the supply to the
Whereas in view of the different monetary circum­                 International Committee of the Red Cross, by way of
stances in the Member States, the observation of these            Community action , of 1 000 metric tons of. round
conditions is not guaranteed by the application of                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 2 lots. 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 delivered cif, that is
                                                                  at the moment when the goods are actually placed on
Whereas, should force majeure make it impossible to               the dock or in the lighter where applicable .
complete the operation in question within the time
limits specified, it must be made clear who is to bear            The recipient country shall bear all costs subsequent
the liability for any resulting costs ;                           to delivery of the goods, including unloading costs
                                                                  reception of the goods .
(') OJ No 174, 31 . 7 . 1967, p. 1 .
(2 ) OJ No L 52, 28 . 2. 1975, p. 31 .                            (4) OJ No L 106, 30 . 10 . 1962, p. 2553 / 62.
(3 OJ No L 178 , 5 . 8 . 1972, p. 3 .                             (5 ) OJ No L 263, 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- 19 . 4. 75                           Official Journal of the European Communities                          No L 98 / 15
Any possible demurrage costs or dispatch money at               rity is intended to guarantee that the operations speci­
the port of unloading shall be a charge on or for the           fied in Article 1 are duly completed . The security
benefit of the International Committee of the Red               shall be forfeit if those operations are not carried out
Cross. The rates and detailed arrangements relating             within the prescribed time limit, save as regards quan­
thereto laid down in the contract between the autho­            tities not delivered owing to force majeure.
rized agent of the Community and the carrier must
                                                                2. The security provided for in paragraph 1 may be
have been agreed upon in advance by the authorized
                                                               given in the form of a cash deposit or of a guarantee
agent and the receiving agent of the recipient country.         issued by a credit institution conforming to the
4. The successful tenderer shall deliver the product            criteria laid down by the Member State.
specified in paragraph 1 in new jute sacks of a net
capacity of 50 kilogrammes.                                                              Article 6
The following shall be printed on the sacks :                   1 . The round grain milled rice referred to in Article
'Riz — Don de la Communauté économique euro­                    1 to be supplied to the International Committee of
péenne/Action du Comité international de la Croix­              the Red Cross must meet the following requirements :
Rouge.'                                                        — moisture : 1 5 %
                          Article 2                             — broken rice : 5 % maximum,
                                                                —    chalky grains : 3 % 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 % maximum ,
on 29 April 1975 .
                                                                —    Stained grains : 0-50 % maximum,
2. The closing date for the submission of tenders               —    yellow grains : 0-050 % ,
shall be 29 April 1975 at 12 noon .                             —    amber grains : 01 25 % 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 seven days before the                2. Tenders for supply to the International
closing date for the submission of tenders .                    Committee of the Red Cross of the round grain
                                                                milled rice referred to in Article 1 must relate to a
                          Article 3                             product with the following characteristics :
 1 . The prices offered must be expressed in the                — moisture : 15% ,
currency of the Member State in which the invitation            — broken rice : 5 % maximum,
to tender was issued .                                          —    chalky grains : 3 % maximum ,
2. For the purpose of rendering the tenders compar­             —    grains striated with red : 3 % maximum,
able, the prices shall, where appropriate, be corrected         —    spotted grains : 1 % maximum ,
by the accession compensatory amount applicable on              —    stained grains : 0-5 % maximum ,
the closing date for submission of tenders to exports           —    yellow grains : 0-050 % maximum,
from the Member State mentioned in the tender.                  —    amber grains : 0-125 % maximum .
3.     The rates used for converting into units of                                       Article 7
account those offers made in national currencies shall
be :                                                             1 . The Italian intervention agency shall be respon­
— the      central   rate  in  cases  where   the  relevant     sible for the operations relating to the invitation to
     currency is held at any given moment within a              tender provided for by this Regulation .
     band of 2-25 % ,                                           2.     It shall forthwith communicate to the Commis­
— in other cases the average spot exchange rate                 sion the list of firms which have responded to the invi­
     during the period from Wednesday of one week to            tation to tender, specifying the terms of each tender,
     Tuesday of the following week and which immedi­            together with the name and business name of the
     ately precedes the time limit for the submission of        successful tenderer.
     offers .
                                                                3 . Where the customs export formalities for the
                          Article 4                             mobilized product are completed in a Member State
The contract shall be awarded to the tenderer offering          other than that in which the invitation to tender is
 the best terms .                                               issued, the intervention agency of the latter Member
                                                                State shall be responsible for the operations following
 However, if the tenders submitted do not appear to
                                                                tendering, including payment to the successful
correspond to normal market prices and costs, the               tenderer.
 intervention agency may cancel the invitation to
 tender.                                                         In such case, the intervention agency choosing the
                                                                successful tenderer shall immediately inform the inter­
                          Article 5
                                                                vention agency of the Member State concerned and
 1 . The successful tenderer shall give security of a           shall supply it with all the information which it may
value of 10 units of account per metric ton ; the secu­          require .
 ---pagebreak--- No L 98 / 16                       Official Journal of the European Communities                                19 . 4 . 75
Furthermore, the amount of the successful tender             The intervention agency shall transmit the informa­
shall be paid after it has been converted using the           tion provided for to the Commission as soon as it is
average of the spot rates referred to in the second           received .
subparagraph of Article 3 (2) to the tenderer in the
currency of the Member State in which the operations
relating to the tendering are completed .                     5 . When the intervention agency responsible for
                                                              the operations relating to tendering is not the interven­
4. The intervention agency shall ask that the                 tion agency which appoints the successful tenderer, it
tenderer specifies the following information :                shall send as soon as possible to the latter the informa­
                                                              tion necessary for releasing the security.
(a) after each shipment, a statement giving details of
    the quantities loaded, the quality of the products
    and their packaging ;
(b) the date of the departure of the ships ; the                                            Article 8
    expected date of arrival of the products at their
    destination ;
                                                             This Regulation shall enter into force on the day of its
(c) all possible contingencies which might, occur             publication in the Official Journal of the European
    during transportation of the products.                    Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 18 April 1975 .
                                                                         For the Commission
                                                                           P.J. LARDINOIS
                                                                    Member of the Commission
                                                         ANNEX
                Number                                                                                Metric
                  of lot
                                       Port of unloading          Minimum rate of unloading
                                                                                                   tonnage cif
                    1
                    2
                           Saigon
                           Ha'fphon/ Danang (optional)           | Customs of the port                500
                                                                                                      500