CELEX: 31977R1316
Language: en
Date: 1977-06-20 00:00:00
Title: Commission Regulation (EEC) No 1316/77 of 20 June 1977 opening an invitation to tender for the mobilization of round grain semi-milled rice as food aid for the International Committee of the Red Cross

21 . 6. 77                            Official Journal of the European Communities                          No L 152/ 5
                                   COMMISSION REGULATION (EEC) No 1316/77
                                                         of 20 June 1977
                opening an invitation to tender (or the mobilization of round grain semi-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 (EEC) No                      Whereas the Italian intervention agency should be
   1418/76 of 21 June 1976 on the common organiza­                  made responsible for the tendering procedure ;
  tion of the market in rice ('),
                                                                    Whereas the Commission must be informed quickly
                                                                    of the tenders submitted in response to the invitation
  Having regard to Council Regulation (EEC) No                      and of those accepted by the intervention agency ;
  2750/75 of 29 October 1975 laying down the condi­
  tions for the mobilization of cereals as food aid (2), and
  in particular Article 6 thereof,                                  Whereas the Monetary Committee will be consulted ;
                                                                    whereas, in view of the urgency, the measures envis­
                                                                    aged should be adopted in accordance with the condi­
  Whereas on 8 February 1977 the Council of the Euro­               tions laid down in Article 3 (2) of Council Regulation
  pean Communities declared that it proposed, by way                No 129 (3) on the value of the unit of account and the
  of Community action, to grant the equivalent of 512               exchange rates to be applied for the purposes of the
  tonnes of husked rice (in other words, 422 tonnes of              common agricultural policy, as last amended by Regu­
  round grain semi-milled rice) to the International                lation (EEC) No 2543/73 (4), and in particular Article
  Committee of the Red Cross under its 1976/77 food­
                                                                    3 thereof ;
  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 the proposed invitation to tender should be
 for supply of the products delivered Ashdod that is at            HAS ADOPTED THIS REGULATION :
 the moment when the goods are actually placed on
 the dock or in the lighter where applicable ;
                                                                                             Article 1
 Whereas in view of the different monetary circum­
 stances in the Member States, the observation of these
 conditions is not guaranteed by the application of                 1 . Tenders are herby invited for the supply to the
 exchange rates applicable in the framework of the                 International Committee of the Red Cross, by way of
 common agricultural policy since monetary compensa­               Community action, of 422 tonnes of round grain
 tory amounts do not apply in the rice sector ; whereas            semi-milled rice .
 it is advisable to take account of the monetary situa­
 tion as regards different offers ;                                2. The tendering procedure shall take place in Italy
                                                                   in one lot. The product shall be mobilized on the
Whereas the award under the invitation to tender                   Community market. The product shall be loaded for
 must be made to the tenderer offering the best terms ;            departure from any Community port.
Whereas, should force majeure make it impossible to                3 . The invitation to tender provided for in para­
complete the operation in question within the time                 graph 1 is for supply of products delivered Ashdod
 limits specified, it must be made clear who is to bear            that is at the moment when the goods are actually
the liability for any Resulting costs ;                            placed on the dock or in the lighter where applicable.
(■) OJ No L 166, 25 . 6 . 1976, p . 1 .                           (>) OJ No 106, 30 . 10 . 1962, p . 2553 /62.
(2) OJ No L 281 , 1 . 11 . 1975, p. 89 .                          (4) OJ No L 263 , 19 . 9 . 1973, p. 1 .
 ---pagebreak--- No L 152/6                            Official Journal of the European Communities                             21 . 6. 77
4. The successful tenderer shall deliver the product                                       Article 5
specified in paragraph 1 in new jute sacks lined with
cotton sacks of a net capacity of 50 kilograms.                  1 . The successful tenderer shall give security of a
                                                                value of 10 units of account per tonne ; the security is
On the sacks shall be printed a red cross, 1 5 cm by 1 5        intended to guarantee that the operations specified in
cm, as well as the following :                                  Article 1 are duly completed. The security shall be
'Rice — Gift of the European Economic Community/                forfeit if those operations are not carried out within
Action of the International Committee of the Red                the prescribed time limit, save as regards quantities
Cross for free distribution'.                                    not delivered owing to force majeure.
To allow for the possibility of re-bagging, the                  2. The security provided for in paragraph 1 may be
successful tenderer shall supply 2 % of new empty               given in the form of a cash deposit or of a guarantee
sacks, of the same quality as those containing the               issued by a credit institution conforming to the
goods but with the printing followed by a capital                criteria laid down by the Member State.
letter ' R'.
                                                                                           Article 6
                           Article 2
                                                                 1 . The round grain semi-milled rice referred to in
 1 . The decision on tenders received in response to             Article 1 to be supplied to the International
the invitation provided for in Article 1 shall be taken          Committee of the Red Cross must meet the following
on 4 July 1977.                                                  requirements :
 2. The closing date for the submission of tenders               — moisture : 15% ,
shall be 4 July 1977, at 12 noon .
                                                                 — "broken rice : 5 % maximum,
 3.     The    notice   of invitation  to  tender shall   be
                                                                 —    chalky grains : 5 % maximum,
 published in the Official Journal of the European
 Communities not less than nine days before the                  —    grains striated with red : 3 % maximum,
closing date for the submission of tenders.                      —    spotted grains : 1 -5 % maximum,
                                                                 —    stained grains : 1 % maximum,
                           Article 3                             —    yellow grains : 0-050 % maximum,
 1 . The prices offered must be expressed in the                 —    amber grains : 0-20 % 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             2. Tenders for supply to the International
 able, the prices shall , where appropriate, be corrected        Committee of the Red Cross of the round grain semi­
 by the accession compensatory amount applicable on              milled rice referred to in Article 1 must relate to a
 the closing date for submission of tenders to exports           product with the following characteristics :
 from the Member State mentioned in the tender.
                                                                 — moisture : 15% ,
 3.     The rates used for converting into units of              — broken rice : 5 % maximum,
 account those offers made in national currencies shall
 be :
                                                                 —    chalky grains : 5 % maximum,
                                                                 —    grains striated with red : 3 % maximum,
 — the      central   rate  in  cases  where    the relevant
      currency is held at any given moment within a              —    spotted grains : 1-5% maximum,
      band of 2-25 % ,                                           —    stained grains : 1 % maximum,
 — in other cases the average spot exchange rate                 —    yellow grains : 0-050 % maximum,
      during the period from Wednesday of one week to            —    amber grains : 0-20 % maximum .
      Tuesday of the following week and which immedi­
      ately precedes the time limit for the submission of
      offers .                                                                             Article 7
                           Article 4                              1 . The Italian intervention agency shall be respon­
                                                                  sible for the operations relating to the invitation to
 The contract shall be awarded to the tenderer offering           tender provided for by this Regulation .
 the best terms .
                                                                  2.    It shall forthwith communicate to the Commis­
 However, if the tenders submitted do not appear to               sion the list of firms which have responded to the invi­
 correspond to normal market prices and costs, the                tation to tender, specifying the terms of each tender,
 intervention agency may cancel the invitation to                 together with the name and business name of the
 tender.                                                          successful tenderer.
 ---pagebreak--- 21 . 6 . 77                       Official Journal of the European Communities                            No L 152/7
3 . Where the customs export formalities for the             (b) the date of the departure of the ships ; the
mobilized product are completed in a Member State                expected date of arrival of the products at their
other than that in which the invitation to tender is             destination ;
issued, the intervention agency of the latter Member
State shall be responsible for the operations following      (c) all possible contingencies which might occur
tendering, including payment to the successful                   during transportation of the products.
tenderer.
In such case, the intervention agency choosing the           The intervention agency shall transmit the informa­
successful tenderer shall immediately inform the inter­      tion provided for to the Commission as soon as it is
                                                             received.
vention agency of the Member State concerned and
shall supply it with all the information which it may
require.                                                     5. When the intervention agency responsible for
Furthermore, the amount of the successful tender
                                                             the operations relating to tendering is not the interven­
                                                             tion agency which appoints the successful tenderer, it
shall be paid after it has been converted using the          shall send as soon as possible to the latter the informa­
average of the spot rates referred to in the second          tion necessary for releasing the security.
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations
relating to the tendering are completed.
4. The intervention agency shall ask that the                                        Article 8
tenderer specifies the following information :
(a) after each shipment, a statement giving details of       This Regulation shall enter into force on the day of its
     the quantities loaded, the quality of the products      publication in the Official Journal of the European
     and their packaging ;                                    Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 20 June 1977.
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President