CELEX: 31977R2372
Language: en
Date: 1977-10-28
Title: Commission Regulation (EEC) No 2372/77 of 28 October 1977 opening an invitation to tender for the mobilization of round grain milled rice as food aid for the Republic of Senegal

29 . 10 . 77                             Official Journal of the European Communities                          No L 277 / 23
                                   COMMISSION REGULATION ( EEC) No 2372/77
                                                        of 28 October 1977
              opening an invitation to tender for the mobilization of round grain milled rice
                                           as food aid for the Republic of Senegal
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
Having regard to Council Regulation (EEC) No                        made responsible for the tendering procedure in ques­
                                                                    tion ;
 1418/76 of 21 June 1976 on the common organiza­
tion of the market in rice ( l), as amended by Regula­
tion (EEC) No 1158 /77(2),                                          Whereas the Commission must be informed quickly
                                                                    of the tenders submitted in response to the invitation
                                                                    and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­
                                                                    Whereas the Monetary Committee will be consulted ;
tions for the mobilization of cereals as food aid (3), 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 8 February 1977 the Council of the Euro­                 No 129 on the value of the unit of account and the
pean Communities declared that it proposed, by way                  exchange rates to be applied for the purposes of the
of Community action , to grant the equivalent of 1 000              common agricultural policy (4), as last amended by
tonnes of husked rice (in other words, 969 tonnes of                Regulation (EEC) No 2543/73 (5), and in particular
round grain milled rice) to the Republic of Senegal ,               Article 3 thereof ;
under its 1975/76 food-aid programme ;
                                                                    Whereas the measures provided for in this Regulation
Whereas pursuant to Article 3 (3) of Council Regula­                are in accordance with the opinion of the Manage­
tion (EEC) No 2750/75 the goods may be purchased                    ment Committee for Cereals,
anywhere on the Community market ;
Whereas tenders should be invited for the supply of
the product to the port of shipment in the vicinity of              HAS ADOPTED THIS REGULATION :
the vessel, the goods to be set down at the place nomi­
nated by the recipient or its agent ;
                                                                                                Article 1
Whereas in view of the different monetary circum­
stances in the Member States, the observation of these              1 . Tenders are hereby invited for the supply to the
conditions is not guaranteed by the application of                  Republic of Senegal , by way of Community food-aid
exchange rates applicable in the framework of the                   action , of 969 tonnes of round grain milled rice .
common agricultural policy since monetary compensa­
tory amounts do not apply in the rice sector ; whereas              2. The tendering procedure shall take place in Italy
it is advisable to take account of the monetary situa­              in one lot. The product shall be mobilized on the
tion as regards different offers ;                                  Community market. The product shall be loaded for
                                                                    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 product referred to in paragraph 1 is to be
                                                                    delivered in new jute sacks of a net capacity of 50 kilo­
Whereas, should force majeure make it impossible to                 grams to the port of shipment in the vicinity of the
complete the operation in question within the time                  vessel . The goods must be set down at the place nomi­
limits specified, it must be made clear who is to bear              nated by the recipient country or its agent, the timing
the liability for any resulting costs ;                             of delivery being settled by the tenderer and the recip­
                                                                    ient country's agent.
(•) 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.
P OJ No L 281 , 1 . 11 . 1975, p . 89 .                             (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- No L 277/24                          Official Journal of the European Communities                             29 . 10 . 77
Minimum weight of the sacks shall be 600 grams . The            notice of invitation to tender as a result of the late
following shall be printed on the sacks :                      availability of the vessels to be used for sea transporta­
'Riz blanchi / Don de la Communauté économique                 tion , the resulting costs shall be borne by the interven­
                                                               tion agency.
européenne à la République du Sénégal'.
To allow for the possibility of re-bagging the                                           Article 6
successful tenderer shall supply 2 % of new empty
sacks, of the same quality as those containing the              1 . The successful tenderer shall give security of a
goods but with the printing followed by a capital              value of 10 units of account per tonne ; the security is
letter ' R'.
                                                                intended to guarantee that the operations specified in
                                                                Article 1 are duly completed . The security shall be
                          Article 2                             forfeit if those operations are not carried out within
                                                                the prescribed time limit, save as regards quantities
 1.    The decision on tenders received in response to          not delivered owing to force majeure.
the invitation provided for in Article 1 shall be taken
on 14 November 1977 .                                           2. The security provided for in paragraph 1 may be
2.      The closing date for the submission of tenders          given in the form of a cash deposit or of a guarantee
shall be 14 November 1977 at 12 noon .                          issued by a credit institution conforming to the
                                                                criteria laid down by the Member State .
 3.     The   notice   of invitation  to  tender shall  be
 published in the Official Journal of the European                                       Article 7
 Communities not less than nine days before the
 closing date for the submission of tenders .                    1 . The round grain milled rice referred to in Article
                                                                1 to be supplied to the Republic of Senegal must meet
                          Article 3                             the following requirements :
 1 . The prices offered must be expressed in the                — moisture : 15% ,
 currency of the Member State in which the invitation           — broken rice : 40 % maximum ,
 to tender was issued .                                         —    chalky grains : 5 % maximum ,
                                                                —    grains striated with red : 3 % maximum,
 2.     For the purpose of rendering the tenders compar­        —    spotted grains : 1-5% maximum ,
 able, the prices shall, where appropriate, be corrected        —    stained grains : 1 % maximum,
 by the accession compensatory amount applicable on             —    yellow grains : 0-050 % maximum ,
 the closing date for submission of tenders to exports          —    amber grains : 0-20 % maximum .
 from the Member State mentioned in the tender .
                                                                Rice not meeting these requirements shall be refused.
 3.     The rates used for converting into units of
 account those offers made in national currencies shall
                                                                2.     Tenders for supply to the Republic of Senegal of
 be :
                                                                the round grain milled rice referred to in Article 1
 — the      central  rate  in  cases  where   the  relevant     must relate to a product with the following characteris­
      currency is held at any given moment within a             tics :
      band of 2-25 % ,
                                                                — moisture : 15% ,
 — in other cases, the average spot exchange rate               — broken rice : 40 % maximum ,
      during the period from Wednesday of one week to           —    chalky grains : 5 % maximum ,
      Tuesday of the following week and which immedi­           —    grains striated with red : 3 % maximum ,
      ately precedes the time limit for the submission of       —    spotted grains : 1-5% maximum ,
      tenders .
                                                                —    stained grains : 1 % maximum ,
                                                                —    yellow grains : 0-050 % maximum ,
                          Article 4                             —    amber grains : 0-20 % maximum .
 The contract shall be awarded to the tenderer offering
 the best terms .                                                                        Article 8
  However, if the tenders submitted do not appear to              1.   The Italian intervention agency shall be respon­
 correspond to normal market prices and costs, the               sible for the operations relating to the invitation to
 intervention agency may cancel the invitation to                tender provided for by this Regulation .
 tender .
                                                                  2.   It shall forthwith communicate to the Commis­
                          Article 5                              sion the list of firms which have responded to the invi­
                                                                 tation to tender, specifying the terms of each tender,
  If the tenderer is unable to deliver the goods in               together with the name and business name of the
  compliance with Article 1 (3) on the date given in the          successful tenderer .
 ---pagebreak--- 29 . 10 . 77                        Official Journal of the European Communities                         No L 277/25
3 . Where the customs export formalities for the              (b) the date of departure of the vessels.
mobilized product are completed in a Member State             The information indicated above shall be forwarded
other than that in which the invitation to tender is
                                                              by the intervention agency to the Commission imme­
issued, the intervention agency of the latter Member
                                                              diately upon receipt.
State shall be responsible for the operations following
tendering, including payment to the successful                5. When the intervention agency responsible for
tenderer.                                                     the operations relating to tendering is not the interven­
                                                              tion agency which appoints the successful tenderer, it
In such case, the intervention agency choosing the            shall send as soon as possible to the latter the informa­
successful tenderer shall immediately inform the inter­       tion necessary for releasing the security.
vention agency of the Member State concerned and
shall supply it with all the information which it may                                 Article 9
require.
                                                              On delivery of the goods at the port of shipment, a
Furthermore , the amount of the successful tender
                                                              handing-over certificate shall be supplied to the
shall be paid after it has been converted using the           successful tenderer, acting as agent for the Commu­
average of the spot rates referred to in the second           nity, by the agent of the recipient country or, in the
subparagraph of Article 3 (3) to the tenderer in the          absence of the latter, by the intervention agency of the
currency of the Member State in which the operations          Member State in whose territory the port of shipment
relating to the tendering are completed.                      is situated .
4. The intervention agency shall request the
successful tenderer to supply the following informa­                                  Article 10
tion :
                                                              This Regulation shall enter into force on the day of its
(a) after each shipment, a certificate showing the quan­      publication in the Official Journal of the European
     tities dispatched and the quality of the products ;       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