CELEX: 31982R1059
Language: en
Date: 1982-05-04 00:00:00
Title: Commission Regulation (EEC) No 1059/82 of 4 May 1982 on the supply of fully milled long grain rice to the Cape Verde Islands as food aid under Regulation (EEC) No 3723/81

No L 123/20                            Official Journal of the European Communities                                  6 . 5 . 82
                                   COMMISSION REGULATION (EEC) No 1059/82
                                                        of 4 May 1982
              on the supply of fully milled long grain rice to the Cape Verde Islands as food
                                          aid under Regulation (EEC) No 3723/81
THE COMMISSION OF THE EUROPEAN                                    lay down special conditions for the submission of
COMMUNITIES,                                                      tenders, the award of contracts and the payment of
                                                                  successful tenderers, as well as the characteristics of
 Having regard to the Treaty establishing the European            the products to be supplied and the supply conditions,
 Economic Community,                                              which are set out in the Annex to this Regulation ;
                                                                  Whereas the measures provided for in this Regulation
 Having regard to Council Regulation (EEC) No                     are in accordance with the opinion of the Management
2727/75 of 29 October 1975 on the common organi­                  Committee for Cereals,
zation of the market in cereals ('), as last amended by
Regulation (EEC) No 3808 /81 (2), and in particular
Article 28 thereof,
                                                                  HAS ADOPTED THIS REGULATION :
 Having regard to Council Regulation (EEC) No
 1418/76 of 21 June 1976 on the common organization                                        Article 1
of the market in rice (3), as last amended by the Act of
Accession of Greece, and in particular Article 25                 The intervention agency listed in the Annex hereto
thereof,                                                          shall be responsible for implementing the procedures
                                                                  for mobilizing and supplying the product indicated
 Having regard to Council Regulation (EEC) No                     therein under the terms of this Regulation.
2750/75 of 29 October 1975 fixing criteria for the
mobilization of cereals intended as food aid (4), and in          The general rules laid down in Regulation (EEC) No
particular Article 6 thereof,                                     1974/80 shall apply without prejudice to the special
                                                                  provisions set out below.
Whereas Council Regulation (EEC) No 3723/81 (*)
provided for exceptional food aid totalling 40 million                                     Article 2
ECU to be granted to the least-developed countries ;
whereas various sums have been allocated for the deli­            The detailed rules laid down in the first subparagraph
very of cereals and rice to certain non-member                    of Article 4 (3) (e), Article 7 (3), Article 8 , the second
countries and beneficiary organizations ;                         subparagraph of Article 15 (2) and Article 17 of Regu­
                                                                  lation (EEC) No 1974/80 shall not apply.
Whereas this amount should be increased by the costs
borne by the Guarantee Section of the European Agri­                                       Article 3
cultural Guidance and Guarantee Fund in accordance
with Council Regulation (EEC) No 268 1 /74 (6) ;                  1 . The tendering procedure opened by this Regula­
                                                                  tion shall cover contracts for the supply of a maximum
Whereas it is necessary to provide for these measures             quantity of the product referred to in the Annex for
to be carried out in accordance with the rules laid               the amount in ECU set out therein .
down in Commission Regulation (EEC) No 1974/80 of
22 July 1980 laying down general rules for the imple­             2. Under the tendering procedure, tenders shall
mentation of certain food-aid operations involving                indicate the quantity tendered for at the amount fixed.
cereal and rice products Q, as last amended by Regula­            They shall be valid only if they relate to the whole of
tion (EEC) No 3323/81 (8) ; whereas it is necessary, for          this amount.
 the purposes of the Community measure envisaged, to
                                                                  3 . The intervention agency shall award the contract
(■) OJ No L 281 , 1 . 11 . 1975, p. 1 .                           to the tenderer offering the largest quantities.
(2) OJ No L 382, 31 . 12. 1981 , p. 37.
(3) OJ No  L  166, 25 . 6. 1976, p. 1 .                           However, if in the light of the quantities offered for
(4) OJ No  L 281 , 8 . 11 . 1975, p . 89.                         the amount fixed, the tenders received do not appear
0   OJ No  L 373,  29 . 12. 1981 , p. 11 .
0   OJ No  L 288 , 25. 10 . 1974, p. 1 .                          to match the conditions normally practised on the
0   OJ No  L 192,  26. 7. 1980, p. 11 .                           market, the intervention agency may decide not to
0   OJ No  L 334,  21 . 11 . 1981 , p . 27.                       award the contract.
 ---pagebreak--- 6. 5 . 82                          Official Journal of the European Communities                          No L 123/21
If an intervention agency avails itself of the provisions    make payments on the basis of the certificate and the
of the preceding subparagraph, it shall publish its          supporting documents referred to in Article 16 (2) of
decision not to award a contract on the basis of the         the abovementioned Regulation.
tenders received and shall initiate a second tendering
procedure within one week at the latest. It shall imme­
diately inform the Commission thereof.                                                 Article 5
                        Article 4                            For the purposes of implementing the tendering
                                                             procedure on the one hand and payment to the
1 . The sum to be paid to the successful tenderer            successful tenderer on the other, the amount referred
shall be the amount referred to in Article 3 ( 1 ). It shall to in Article 3 ( 1 ) shall be converted into the relevant
be paid by the intervention agency in the Member             national currency using the last spot exchange rate
State in which the customs export formalities are            recorded immediately before the final date for the
completed and in the currency of that Member State.          submission of tenders, as published in the Official
2. The amount referred to in paragraph 1 shall be            Journal of the European Communities, Series 'C'.
paid to the successful tenderer only on presentation of
the original of the taking-over certificate or a certified
true copy thereof and the supporting documents                                         Article 6
referred to in Article 16 (2) of Regulation (EEC) No
 1974/ 80 .
                                                             This Regulation shall enter into force on the day
However, if the said taking-over certificate is not          following its publication in the Official Journal of the
issued by the recipient, the intervention agency shall        European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
              Done at Brussels, 4 May 1982.
                                                                      For the Commission
                                                                         Poul DALSAGER
                                                                  Member of the Commission
 ---pagebreak--- No L 123 / 22                          Official Journal of the European Communities                            6. 5 . 82
                                                            ANNEX
               1 . Programme : 1981
              2. Recipient : Cape Verde Islands
              3. Place or country of destination : Cape Verde Islands
              4. Product to be mobilized : fully milled long grain rice
              5. Amount : 1 650 000 ECU, increased by 210 ECU per tonne of product offered
              6 . Number of lots : one
              7. Intervention agency responsible for conducting the procedure :
                    Ente Nazionale Risi, Piazza Pio XI, 1 , Milano (telex 334 032)
              8 . Method of mobilizing the product : the Community market
              9. Characteristics of the goods :
                   — rice of fair and sound merchantable quality, free from abnormal smell and pests
                   — moisture : 1 5 %
                   — broken rice : 10 % maximum
                   —   chalky grains : 5 % maximum
                   —   grains striated with red : 3 % maximum
                   —   spotted grains : 1-5% maximum
                   —   stained grains : 1 % maximum
                   —   yellow grains : 0-050 % maximum
                   —   amber grains : 0-20 % maximum
            10. Packaging :
                   — in bags (')
                   — quality of the bags : new jute sacks 600 g
                   — net weight of the bags : 50 kg
                   — marking of the bags in letters at least 5 cm high :
                       'ARROZ BRANQUEADO / DOM DA COMUNIDADE ECONÓMICA EUROPEIA À
                       REPUBLICA DE CABO VERDE'
            1 1 . Port of shipment : a Community port
            1 2. Delivery stage : cif
            13. Port of landing : Mindelo
            14. Procedure to be applied in order to determine supply costs : tendering
            15. Deadline for the submission of tenders : 12 noon on 17 May 1982
            16. Shipment period : June 1982
            1 7. Security : 1 2 ECU per tonne
            (') Since the goods may be rebagged, the successful tenderer must provide 2 % of empty bags of the
                  same quality as those containing the goods, with the marking followed by a capital 'R'.