CELEX: 31975R3043
Language: en
Date: 1975-11-21 00:00:00
Title: Regulation (EEC) No 3043/75 of the Commission of 21 November 1975 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

22. 11 . 75                           Official Journal of the European Communities                           No L 303/21
                              REGULATION (EEC) No 3043/75 OF THE COMMISSION
                                                    of 21 November 1975
                 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
  THE COMMISSION OF THE EUROPEAN                                   tions arising by virtue of participation in the invita­
  COMMUNITIES,                                                     tion to tender for supplies to the International
                                                                   Committee of the Red Cross will be fulfilled ;
  Having regard to the Treaty establishing the European
  Economic Community ;                                             Whereas the Italian intervention agency should be
                                                                   made resonsible for the tendering procedure ;
  Having regard to Council Regulation No 359/
  67/EEC (1) of 25 July 1967 on the common organiza­               Whereas the Commission must be informed quickly
  tion of the market in rice, as last amended by Regula­           of the tenders submitted in response to the invitation
  tion (EEC) No 668/75 (*) ;                                       and of those accepted by the intervention agency ;
  Having regard to Council Regulation (EEC) No
                                                                   Whereas the Monetary Committee will be consulted ;
  2750/75 (3) of 29 October 1975 laying down the condi­
  tions for the mobilization of cereals as food aid, and           whereas, in view of the urgency, the measures envis­
                                                                   aged should be adopted in accordance with the condi­
  in particular Article 6 thereof ;
                                                                   tions laid down in Article 3 (2) of Council Regulation
  Whereas on 21 March 1974, the Council of the Euro­               No 1 29 (4) 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 2 134.           common agricultural policy, as last amended by Regu­
  metric tons of husked rice (in other words, 1 760                lation (EEC) No 2543/73 (5), and in particular Article
                                                                   3 thereof ;
  metric tons of round grain semi-milled rice) to the
  International Committee of the Red Cross under its
   1973/74 food-aid programme ;                                    Whereas the measures provided for in this Regulation
                                                                   are in accordance with the Opinion of the Manage­
  Whereas pursuant to Article 3 (3) of Council Regula­             ment Committee for Cereals,
  tion (EEC) No 2750/75 the goods may be purchased
  anywhere on the Community market ;
  Whereas the proposed invitation to tender should be              HAS ADOPTED THIS REGULATION :
   for supply of the products cif, that is to say, actually
  placed on the quay at the port of unloading ;
                                                                                            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                International Committee of the Red Cross, by way of
   exchange rates applicable in the framework of the                Community action, of 1 760 metric tons of round
   common agricultural policy since monetary compensa­             grain semi-milled rice.
   tory amounts do not apply in the rice sector ; whereas
   it is advisable to take account of the monetary situa­           2. The tendering procedure shall take place in Italy
   tion as regards different offers ;                               in four lots. The product shall be mobilized on the
   Whereas the award under the invitation to tender
                                                                    Community market. The product shall be loaded for
                                                                    departure from any Community port.
   must be made to the tenderer offering the best terms ;
   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 cif, that is
   limits specified, it must be made clear who is to bear           to say, actually placed on the quay in one of the ports
   the liability for any resulting costs ;                          of unloading listed in the Annex.
   Whereas provision should be made for security to be              The recipient country shall beai all costs subsequent
   given for the purpose of guaranteeing that the obliga­           to delivery of the goods, in including unloading costs
                                                                    reception of the goods.
   0) OJ No 174, 31 . 7. 1967, p. 1 .
•  (2) OJ No L 72, 20. 3 . 1975, p. 18 .                            (4) OJ No L 106, 30. 10. 1962, p. 2553/62.
i  (3) OJ No L 281 , 1 . 11 . 1975, p. 89.                          (») OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- No L 303/22                          Official Journal of the European Communities                             22. 11 . 75
Any possible demurrage costs or dispatch money at                                        Article 5          ,
the port of unloading shall be a charge on or for the
benefit of the International Committee of the Red               1 . The successful tenderer shall give security of a
Cross. The rates and detailed arrangements relating            value of 10 units of account per metric ton ; the secu­
thereto laid down in the contract between the autho­            rity is intended to guarantee that the operations speci­
 rized agent of the Community and the carrier must              fied in Article 1 are duly completed. The security
have been agreed upon in advance by the authorized              shall be forfeit if those operations are not carried out
agent and the receiving agent of the recipient country.         within the prescribed time limit, save as regards quan­
                                                                tities not delivered owing to force majeure.
 4. The successful tenderer shall deliver the product
 specified in paragraph 1 in new jute sacks of a net            2. The security provided for in paragraph 1 may be
 capacity of 50 kilogrammes.                                    given in the form of a cash deposit or of a guarantee
                                                                issued by a credit institution conforming to the
 On the sacks shall be printed a Red Cross, 15 cm by            criteria laid down by the Member State.
 1 5 cm as well as the following :
 'Rice — Gift of the European Economic Community/                                        Article 6
 Action of the International Committee of the Red
 Cross for free distribution in India'.                         1 . The round grain semi-milled rice referred to in
                                                                Article 1 to be supplied to the International
                          Article 2                             Committee of the Red Cross must meet the following
                                                                requirements :
. 1 . The decision on tenders received in response to           — moisture : 1 5 %
 the invitation provided for in Article 1 shall be taken        — broken rice : 5 % maximum,
 on 9 December 1975.
                                                                —    chalky grains : 3 % maximum,
  2.    The closing date for the submission of tenders          —    grains striated with red : 5 % maximum,
  shall be 9 December 1975, at 12 noon.                         —    spotted grains : 1 % maximum,
  3.    The notice of invitation to tender shall be
                                                                —    stained grains : 0-50 % maximum,
                                                                —    yellow grains : 0 050 % maximum
  published in the Official Journal of the European             —    amber grains : 0*125 % maximum.
  Communities not less than nine days before the
  closing date for the submission of tenders.                   Rice not meeting these requirements shall be refused.
                          Article 3                             2. Tenders for supply to the International
                                                                 Committee of the Red Cross of the round grain semi­
  1 . The prices offered must be expressed in the                milled rice referred to in Article 1 must relate to a
  currency of the Member State in which the invitation           product with the following characteristics :
  to tender was issued.
                                                                — moisture : 15 % ,
  2. For the purpose of rendering the tenders compar­           — broken rice : 5 % maximum,
  able, the prices shall, where appropriate, be corrected       —    chalky grains : 3 % maximum,
  by the accession compensatory amount applicable on            —    grains striated with red : 5 % maximum,
  the closing date for submission of tenders to exports          —   spotted grains : 1 % maximum,
  from the Member State mentioned in the tender.                 —   stained grains : 0-5 % maximum,
  3.     The rates used for converting into units of             —   yellow grains : 0 050 % maximum,
  account those offers made in national currencies shall         —   amber grains : 01 25 % maximum.
  be :
                                                                                         Article 7
  — the      central rate  in  cases where     the relevant
       currency is held at any given moment within a             1 . The Italian intervention agency shall be respon­
       band of 2-25 % ,                                          sible for the operations relating to the invitation to
  — in other cases the average spot exchange rate                tender provided for by this Regulation.
       during the period from Wednesday of one week to           2.    It shall forthwith communicate to the Commis­
       Tuesday of the following week and which immedi­           sion the list of firms which have responded to the invi­
       ately precedes the time limit for the submission of
       offers .                                                  tation to tender, specifying the terms of each tender,
                                                                 together with the name and business name of the
                                                                 successful tenderer.
                           Article 4
                                                                 3 . Where the customs export formalities for the
  The contract shall be awarded to the tenderer offering
   the best terms.                                               mobilized product are completed in a Member State
                                                                 other than that in which the invitation to tender is
   However, if the tenders submitted do not appear to            issued, the intervention agency of the latter Member
   correspond to normal market prices and costs, the             State shall be responsible for the operations following
   intervention agency may cancel the invitation to              tendering, including payment to the successful
   tender.                                                       tenderer.
 ---pagebreak--- 22. 11 . 75                         Official Journal of the European Communities                              No L 303/23
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 (2) to the tenderer in the            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, 21 November 1975.
                                                                            For the Commission
                                                                               P.J. LARDINOIS
                                                                      Member of the Commission
                                                         ANNEX
                Number
                  of lot       Port of unloading            Minimum rate of unloading             Tonnage cif
                    1      Bombay                                                            , 440 metric tons
                    2      Calcutta                                                            440 metric tons
                                                       >       Customs of the port
                    3      Bombay                                                              440 metric tons
                    4      Calcutta
                                                        I                                      440 metric tons