CELEX: 31976R2268
Language: en
Date: 1976-09-17 00:00:00
Title: Commission Regulation (EEC) No 2268/76 of 17 September 1976 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 255/8                             Official Journal of the European Communities                            18 . 9 . 76
                                   COMMISSION REGULATION (EEC) No 2268/76
                                                    of 17 September 1976
               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                                    tion to tender for supplies to the International
 COMMUNITIES,                                                      Committee of the Red Cross will be fulfilled ;
 Having regard to the Treaty establishing the European             Whereas the Italian intervention agency should be
 Economic Community,                                               made responsible for the tendering procedure ;
                                                                  Whereas the Commission must be informed quickly
 Having regard to Council Regulation (EEC) No                      of the tenders submitted in response to the invitation
  1418/76 of 21 June 1976 on the common organiza­                  and of those accepted by the intervention agency ;
 tion of the market in rice ('),
                                                                  Whereas the Monetary Committee will be consulted ;
 Having regard to Council Regulation (EEC) No                     whereas, in view of the urgency, the measures envis­
 2750/75 of 29 October 1975 laying down the condi­                 aged should be adopted in accordance with the condi­
 tions for the mobilization of cereals as food aid (2),            tions laid down in Article 3 (2) of Council Regulation
 and in particular Article 6 thereof,                              No 129 on the value of the unit of account and the
                                                                   exchange rates to be applied for the purposes of the
 Whereas on 21 June 1976 the Council of the Euro­                  common agricultural policy (3), as last amended by
 pean Communities declared that it proposed, by way                Regulation (EEC) No 2543/73 (4), and in particular
                                                                  Article 3 thereof ;
 of Community action, to grant the equivalent of 2 500
 metric tons of husked rice (in other words 1 937-5
 metric tons of round grain milled rice) to the Interna­          Whereas the measures provided for in this Regulation
 tional Committee of the Red Cross under its 1975/ 76              are in accordance with the opinion of the Manage­
 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
                                                                   HAS ADOPTED THIS REGULATION :
 anywhere on the Community market ;
 Whereas the proposed invitation to tender should be                                          Article 1
 for supply of the products delivered Danang, that is at
 the moment when the goods are actually placed on
 the dock or in the lighter where applicable ;                     1 . Tenders are hereby invited for supply to the
                                                                   International Committee of the Red Cross, by way of
                                                                  Community action , of 1 937-5 metric tons of round
Whereas, in view of the different monetary circum­                grain milled rice.
 stances in the Member States, the observation of these
 conditions is not guaranteed by the application of
 exchange rates in the framework of the common agri­              2. The tendering procedure shall take place in Italy
 cultural policy since monetary compensatory amounts              in one lot . The product shall be mobilized on the
 do not apply in the rice sector ; whereas it is advisable        Community market. The product shall be loaded for
 to take account of the monetary situation as regards             departure from any Community port.
different offers ;
                                                                  3 . The invitation to tender provided for in para­
                                                                  graph 1 is for supply of products delivered Danang,
Whereas the award under the invitation to tender
                                                                  that is at the moment when the goods are actually
must be made to the tenderer offering the best terms ;            placed on the dock or in the lighter where applicable.
Whereas provision should be made for security to be               4. The successful tenderer shall deliver the product
given for the purpose of guaranteeing that the obliga­            specified in paragraph 1 in new jute sacks, having a
tions arising by virtue of participation in the invita­           net capacity of 50 kg.
(!) 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 .                         (•>) OJ No L 263 , 19 . 9 . 1973 , p . 1 .
 ---pagebreak---  18 . 9. 76                        Official Journal of the European Communities                         No L 255/9
On the sacks shall be printed a red cross, 1 5 cm x 15       fied in Article 1 are duly completed. The security
cm as well as the following :                                shall be forfeit if those operations are not carried out
                                                             within the prescribed time limit, save as regards quan­
'Milled rice / Gift of the European Economic Commu­
                                                             tities not delivered owing to force majeure.
nity / Action of the International Committee of the
Red Cross / For free distribution.'
                                                             2. The security provided for in paragraph 1 may be
                                                             given in the form of a cash deposit or of a guarantee
                         Article 2                           issued by a credit institution conforming to the
                                                             criteria laid down by the Member State.
 1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken
on 4 October 1976.                                                                    Article 6
2.     The closing date for the submission of tenders         1 . The round grain milled rice referred to in Article
shall be 4 October 1976, at 12 noon .                         1 to be supplied to the International Committee of
                                                             the Red Cross must meet the following requirements :
3. The notice to tender shall be published in the
 Official Journal of the European Communities not            — moisture : 1 5 % ,
less than six days before the closing date for the           — broken rice : 5 % maximum,
submission of tenders.                                       —    chalky grains : 3 % maximum,
                                                             —    grains striated with red : 3 % maximum,
                         Article 3
                                                             —    spotted grains : 1 % maximum,
                                                             —    stained grains : 0-50 % maximum,
                                                             —    yellow grains : 0-050 % maximum,
 1 . The prices offered must be expressed in the             —    amber grains : 01 25 % maximum.
currency of the Member State in which the invitation
to tender was issued .
                                                             Rice not meeting these requirements shall be refused.
2. For the purpose of rendering the tenders compar­
able, the prices shall, where appropriate, be corrected      2. Tenders for supply to the International
by the accession compensatory amount applicable on           Committee of the Red Cross of the round grain
                                                             milled rice referred to in Article 1 must relate to a
the closing date for submission of tenders to exports
from the Member State mentioned in the tender.               product with the following characteristics :
                                                             — moisture : 1 5 % ,
3.     The rates used for converting into units of
account those offers made in national currencies shall       — broken rice : 5 % maximum,
be :                                                         —    chalky grains : 3 % maximum,
                                                             —    grains striated with red : 3 % maximum,
— the      central rate  in  cases  where   the  relevant    —    spotted grains : 1 % maximum,
     currency is held at any given moment within a           —    stained grains : 0-50 % maximum,
     band of 2-25 % ,                                        —    yellow grains : 0-050 % maximum,
— in other cases the average spot exchange rate              —    amber grains : 0-125 % maximum.
     during the period from Wednesday of one week to
     Tuesday of the following week and which immedi­
                                                                                      Article 7
     ately precedes the time limit for the submission of
     tenders .
                                                             1 . The Italian intervention agency shall be respon­
                                                             sible for the operations relating to the invitation to
                         Article 4                           tender provided for by this Regulation .
The contract shall be awarded to the tenderer offering       2.     It shall forthwith communicate to the Commis­
the best terms .
                                                             sion the list of firms which have responded to the invi­
                                                             tation to tender, specifying the terms of each tender,
However, if the tenders submitted do not appear to
                                                             together with the name and business name of the
correspond to normal market prices and costs, the            successful tenderer.
intervention agency may cancel the invitation to
tender.
                                                             3. Where the customs export formalities for the
                                                             mobilized product are completed in a Member State
                         Article 5                           other than that in which the invitation to tender is
                                                             issued, the intervention agency of the latter Member
1 . The successful tenderer shall give security of a         State shall be responsible for the operations following
value of 10 units of account per metric ton ; the secu­      tendering, including payment to the successful
rity is intended to guarantee that the operations speci­     tenderer.
 ---pagebreak--- No L 255/ 10                      Official Journal of the European Communities                               18 . 9 . 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 tfye        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
                                                                                     Article 8
    the quantities loaded, the quality of the products
    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, 17 September 1976.
                                                                        For the Commission
                                                                          P.J. LARDINOIS
                                                                   Member of the Commission