CELEX: 31978R0235
Language: en
Date: 1978-02-04 00:00:00
Title: Commission Regulation (EEC) No 235/78 of 3 February 1978 opening a new invitation to tender for the mobilization of round grain milled rice as food aid for Guinea Bissau

4. 2. 78                                   Official Journal of the European Communities                           No L 34/ 5
                                        COMMISSION REGULATION (EEC) No 235/78
                                                          of 3 February 1978
                opening a new invitation to tender for the mobilization of round grain milled
                                                 rice as food aid for Guinea Bissau
 THE COMMISSION OF THE EUROPEAN                                        Whereas, should force majeure make it impossible to
 COMMUNITIES,                                                          complete the operation in question within the time
                                                                       limits specified, it must be made clear who is to bear
  Having regard to the Treaty establishing the European                the liability for any resulting costs ;
  Economic Community,
                                                                       Whereas provision should be made for security to be
  Having regard to Council Regulation (EEC) No                         given for the purpose of guaranteeing that the obliga­
  1418/76 of 21 June 1976 on the common organiza­                      tions arising by virtue of participation in the invita­
 tion of the market in rice ('), as amended by Regula­                 tion to tender for supplies to Guinea Bissau will be
 tion (EEC) No 1158/77 0,                                              fulfilled ;
 Having regard to Council Regulation (EEC) No
 2750/75 of 29 October 1975 laying down the condi­                     Whereas the Italian intervention agency should be
 tions for the mobilization of cereals as food aid (3), and            made responsible for the tendering procedure in ques­
                                                                       tion ;
 in particular Article 6 thereof,
 Whereas on 25 March 1976 the Council of the Euro­                     Whereas the Commission must be informed quickly
 pean Communities declared that it proposed, by way                    of the tenders submitted in response to the invitation
 of Community action, to grant the equivalent of 1 250                 and of those accepted by the intervention agency ;
 tonnes of husked rice (in other words, 969 tonnes of
 round grain milled rice) to Guinea Bissau under its                   Whereas the Monetary Committee will be consulted ;
  1975/76 food-aid programme ;                                         whereas, in view of the urgency, the measures envis­
                                                                       aged should be adopted in accordance with the condi­
 Whereas pursuant to Article 3 (3) of Council Regula­                  tions laid down in Article 3 (2) of Council Regulation
 tion (EEC) No 2750/75 the goods may be purchased                      No 129 on the value of the unit of account and the
 anywhere on the Community market ;                                    exchange rates to be applied for the purposes of the
                                                                       common agricultural policy (5), as last amended by
 Whereas the successful tenderer appointed under                       Regulation (EEC) No 2543/73 (6), and in particular
 Commission Regulation (EEC) No 1593/77 of 15 July                    Article 3 thereof ;
 1977 opening an invitation to tender for the mobiliza­
 tion of round grain milled rice as food aid for Guinea
 Bissau (4), has not been able to carry out the execution             Whereas the measures provided for in this Regulation
 of this aid ; whereas it is necessary to open a new                  are in accordance with the opinion of the Manage­
 tender ;                                                              ment Committee for Cereals,
 Whereas the proposed invitation to tender should be
 for supply of the products delivered in the ship's hold
 at the port of unloading ;                                            HAS ADOPTED THIS REGULATION :
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                                              Article 1
 exchange rates applicable in the framework of the
 common agricultural policy since monetary compensa­                   1 . Tenders are hereby invited for the supply to
 tory amounts do not apply in the rice sector ; whereas               Guinea Bissau, by way of Community food-aid action,
 it is advisable to take account of the monetary situa­               of 969 tonnes of round grain milled rice.
 tion as regards different offers ;
Whereas the award under the invitation to tender                      2. The tendering procedure shall take place in Italy
must be made to the tenderer offering the best terms ;                in one lot. The product shall be mobi,; zed on the
                                                                      Community market. The product shall oe loaded for
(■)  OJ No   L 166,  25 . 6 . 1976, p. 1 .                            departure from any Community port.
  2) OJ No   L 136,  2. 6 . 1977, p. 13 .
(3)  OJ No   L 281 , 1 . 11 . 1975, p . 89 .                          (5 ) OJ No 106, 30 . 10 . 1962, p. 2553/62 .
(«)  OJ No   L 177,  16. 7. 1977, p . 9 .                             (0) OJ No L 263, 19 . 9 . 1973 , p . 1 .
 ---pagebreak--- No L 34/ 6                            Official Journal of the European Communities                             4. 2. 78
3.     The invitation to tender provided for in para­                                      Article 4
graph 1 is for supply of products delivered in the
ship's hold at the port of unloading (Bissau).                  The contract shall be awarded to the tenderer offering
                                                                 the best terms .
The recipient country shall bear all costs subsequent
to delivery of the goods, including unloading costs              However, if the tenders submitted do not appear to
(such as unstowing, hoisting and reception) and any              reflect normal market prices and costs, the interven­
lighterage costs.                                                tion agency may cancel the invitation to tender.
4.     The successful tenderer shall deliver the product
specified in paragraph 1 in new jute sacks of a net                                        Article 5
capacity of 50 kilograms.
Minimum weight of the sacks shall be 600 grams. The              1 . The successful tenderer shall give security of a
following shall be printed on the sacks :                        value of 10 units of account per tonne ; the security is
                                                                 intended to guarantee that the operations specified in
'Arroz blanqueado / Dom da Comunidade economica                  Article 1 are duly completed. The security shall be
europeia'.                                                       forfeit if those operations are not carried out within
                                                                 the prescribed time limit, save as regards quantities
To allow for the possibility of re-bagging, the                  not delivered owing to force majeure.
successful tenderer shall supply 2 % of new empty
sacks, of the same quality as those containing the               2. The security provided for in paragraph 1 may be
goods but with the printing followed by a capital                given in the form of a cash deposit or of a guarantee
letter ' R'.
                                                                 issued by a credit institution conforming to the
                                                                 criteria laid down by the Member State.
                           Article 2
 1.    The decision on tenders received in response to                                      Article 6
 the invitation provided for in Article 1 shall be taken
 on 20 February 1978 .                                            1 . The round grain milled rice referred to in Article
                                                                  1 to be supplied to Guinea Bissau must meet the
 2.     The closing date for the submission of tenders            following requirements :
 shall be 20 February 1978 at 12 noon .
                                                                 — moisture : 1 5 % ;
 3.     The    notice   of invitation  to tender shall be        — broken rice : 5 % maximum ;
 published in the Official Journal of the European               —    chalky grains : 5 % maximum ;
 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 ;
                                                                  —    amber grains : 0.20 % maximum .
  1 . The prices offered must be expressed in the
 currency of the Member State in which the invitation             Rice not meeting these requirements shall be refused.
 to tender was issued .
                                                                  2. Tenders for- supply to Guinea Bissau of the
 2. For the purpose of rendering the tenders compar­              round grain milled rice referred to in Article 1 must
 able, the prices shall, where appropriate, be corrected          relate to a product with the following characteristics :
 by the accession compensatory amount applicable on               — moisture : 15% ;
 the closing date for submission of tenders to exports
 from the Member State mentioned in the tender.                   — broken rice : 5 % maximum ;
                                                                  —    chalky grains : 5 % maximum ;
 3.     The rates used for converting into units of               —    grains striated with red : 3% maximum ;
 account those offers made in national currencies shall           —    spotted grains : 1 -5 % maximum ;
 be :                                                             —    stained grains : 1 % maximum ;
                                                                  —    yellow grains : 0.050 % maximum ;
 — the       central  rate  in  cases  where    the relevant      —    amber grains : 0.20 % maximum.
      currency is held at any given moment within a
      band of 2-25 % ,
 — in other cases, the average spot exchange rate                                           Article 7
      during the period from Wednesday of one week to
      Tuesday of the following week and which immedi­              1 . The Italian intervention agency shall be respon­
      ately precedes the time limit for the submission of         sible for the operations relating to the invitation to
      tenders .                                                   tender provided for by this Regulation .
 ---pagebreak--- 4 . 2 . 78                          Official Journal of the European Communities                             No L 34/7
2.      It shall forthwith communicate to the Commis­          (b) the date of the departure of the ships ; the
sion the list of firms which have responded to the invi­           expected date " of arrival of the products at their
tation to tender, specifying the terms of each tender              destination ;
together with the name and business name of the                (c) all possible contingencies which might occur
successful tenderer.
                                                                   during transportation of the products.
3 . Where the customs export formalities for the
mobilized product are completed in a Member State              The intervention agency shall transmit the informa­
other than that in which the invitation to tender is           tion provided for to the Commission as soon as it is
                                                               received .
issued, the intervention agency of the latter Member
State shall be responsible for the operations following        5. When the intervention agency responsible for
tendering, including payment to the successful                 the operations relating to tendering is not the interven­
tenderer.
                                                               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 8
require .
Furthermore, the amount of the successful tender               As regards this tender the intervention agency is auth­
shall be paid after it has been converted using the            orized to make an initial payment of 80 % of the
average of the spot rates referred to in the second            value of the quantity given in the bill of lading, on
subparagraph of Article 3 (2) to the tenderer in the           presentation of that document and subject to the
currency of the Member State in which the operations           taking of a security for an amount equal to the initial
                                                               payment.
relating to the tendering are completed .
4. The intervention agency shall ask that the                                           Article 9
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, 3 February 1978 .
                                                                          For the Commission
                                                                           Finn GUNDELACH
                                                                              Vice-President