CELEX: 31979R1232
Language: en
Date: 1979-06-22 00:00:00
Title: Commission Regulation (EEC) No 1232/79 of 22 June 1979 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the League of Red Cross Societies

No L 156/ 8                              Official Journal of the European Communities                             23 . 6 . 79
                                     COMMISSION REGULATION ( EEC) No 1232/79
                                                           of 22 June 1979
               opening an invitation to tender for the mobilization of milled long grain rice as
                                      food aid for the League of Red Cross Societies
 THE COMMISSION OF THE EUROPEAN                                       Whereas the Commission must be informed quickly
 COMMUNITIES,                                                         of the tenders submitted in response to the invitation
                                                                      and of those accepted by the intervention agency ;
 Having regard to the Treaty establishing the European
 Economic Community,                                                  Whereas Council Regulation ( EEC) No 652/79 of 29
                                                                      March 1979 (4) laid down the coefficient for
 Having regard to Council Regulation (EEC) No                         expressing amounts, fixed in units of account, in
  1418 /76 of 21 June 1976 on the common organiza­                     ECU ;
 tion of the market in rice ('), as amended by Regula­
 tion (EEC) No 1 260/ 78 (2 ),
                                                                      Whereas the measures provided for in this Regulation
 Having regard to Council Regulation ( EEC) No                        are in accordance with the opinion of the Manage­
                                                                      ment Committee for Cereals,
 2750/75 of 29 October 1975 laying down the condi­
 tions for the mobilization of cereals as food aid (3 ), and
 in particular Article 6 thereof,
 Whereas on 8 May 1979 the Council of the European
                                                                      HAS ADOPTED THIS REGULATION :
 Communities declared that it proposed , by way of
 Community action , to grant 100 tonnes of milled long
grain rice to the League of Red Cross Societies under
 its 1978 /79 food-aid programme ;
                                                                                               Article 1
Whereas pursuant to Article 3 (3) of Council Regula­
 tion (EEC) No 2750/75 the goods may be purchased                      1 . Tenders are hereby invited for the supply to the
anywhere on the Community market ;                                    League of Red Cross Societies, by way of Community
                                                                      food-aid action , of 100 tonnes of milled long grain
Whereas the proposed invitation to tender should be                   rice .
 for supply of the products delivered Nouakchott ;
                                                                      2.     The tendering procedure shall take place in Italy
Whereas in view of the different monetary circum­                     in one lot. The product shall be mobilized on the
stances in the Member States, the observation of these                Community market. The products shall be loaded for
conditions is not guaranteed by the application of                    departure from any Community port.
exchange rates applicable in the framework of the
common agricultural policy since monetary compensa­
tory amounts do not apply in the rice sector ; whereas                3.     The invitation to tender provided for in para­
it is advisable to take account of the monetary situa­               graph 1 is for supply of products delivered
tion as regards different offers ;                                    Nouakchott via Dakar.
Whereas the award under the invitation to tender
                                                                     4. The successful tenderer shall deliver the product
must be made to the tenderer offering the best terms ;               specified in paragraph 1 in new jute sacks lined with
                                                                     cotton sacks of a net capacity of 50 kilograms.
Whereas provision should be made for security to be
given for the purpose of guaranteeing that the obliga­
tions arising by virtue of participation in the invita­              On the sacks shall be printed a red crescent 15 cm
tion to tender will be fulfilled ;                                   high with the points facing to the left as well as the
                                                                     following :
Whereas the Italian intervention agency should be
made responsible for the tendering procedure in ques­                ' Riz blanchi / Don de la Communauté économique
tion ;                                                               européenne / Action de la ligue des sociétés de la
                                                                     Croix-Rouge / Pour distribution gratuite /
                                                                     Nouakchott .'
(') OJ No L 166, 25 . 6 . 1976, p. 1 .
(-) 0 | No L 156 , 14 . 6 . 1978 , p. 1 1 .
(-') OJ No L 281 , 1 . 1 1 . 1975, p. 89 .                           (4 ) OJ No L 84, 4 . 4. 1979 , p. 1 .
 ---pagebreak--- 23 . 6 . 79                           Official Journal of the European Communities                          No L 156/ 9
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 milled long grain rice referred to in Article
goods but with the printing followed by a capital                1 must meet the following requirements :
letter ' R.'
                                                                — moisture : 1 5 % ,
                                                                — broken rice : 5 % maximum ,
                           Article 2
                                                                —    chalky grains : 5 % maximum ,
                                                                —    grains striated with red : 3 % maximum ,
1.     The decision on tenders received in response to
                                                                —    spotted grains : 1-5% maximum ,
the invitation provided for in Article 1 shall be taken
                                                                —    stained grains : 1 % maximum ,
on 5 July 1979 .
                                                                —    yellow grains : 0-050 % maximum ,
2. The closing date for the submission of tenders               —    amber grains : 0-20 % maximum .
shall be 5 July 1979 at 12 noon .
                                                                 Rice not meeting these requirements shall be refused .
3.     The     notice   of invitation  to  tender  shall  be
published in the Official Journal of the European                2. Tenders for supply of the milled long grain rice
Communities, not less than nine days before the                  referred to in Article 1 must relate to a product with
closing date for the submission of tenders .                     the following characteristics :
                                                                — moisture : 15% ,
                           Article 3                            — broken rice : 5 % maximum ,
                                                                —    chalky grains : 5 % maximum ,
1 . The prices offered must be expressed in the                 —    grains striated with red : 3 % maximum ,
currency of the Member State in which the invitation            —    spotted grains : 1-5% maximum ,
to tender was issued .
                                                                —    stained grains : 1 % maximum ,
2.     The rates used for converting into units of              —    yellow grains : 0-050 % maximum ,
account those offers made in national currencies shall           —    amber grains : 0-20 % maximum .
be :
— the      central    rate in   cases where    the  relevant                             Article 7
     currency is held at any given moment within a
     band of 2-25 % ,                                            1 . The Italian intervention agency shall be respon­
— in other cases, the average spot exchange rate                 sible for the operations relating to the invitation to
     during the period from Wednesday of one week to             tender provided for by this Regulation .
     Tuesday of the following week and which immedi­
     ately precedes the time limit for the submission of         2.    It shall forthwith communicate to the Commis­
     tenders .                                                   sion the list of firms which have responded to the invi­
                                                                 tation to tender, specifying the terms of each tender
                           Article 4
                                                                 together with the name and business name of the
                                                                 successful tenderer.
The contract shall be awarded to the tenderer offering
the best terms .                                                 3.    Where the customs export formalities for the
                                                                 mobilized product are completed in a Member State
However, if the tenders submitted do not appear to               other than that in which the invitation to tender is
reflect normal market prices and costs, the interven­            issued , the intervention agency of the latter Member
tion agency may cancel the invitation to tender.                 State shall be responsible for the operations following
                                                                 tendering, including payment to the successful
                                                                 tenderer.
                           Article 5
1 . The successful tenderer shall give security of a             In such case, the intervention agency choosing the
value of 12 ECU per tonne ; the security is intended             successful tenderer shall immediately inform the inter­
to guarantee that the operations specified in Article 1         vention agency of the Member State concerned and
are duly completed . The security shall be forfeit if            shall supply it with all the information which it may
those operations are not carried out within the pres­            require .
cribed time limit, save as regards quantities not deliv­
ered owing to force majeure.                                     Furthermore , the amount of the successful tender
                                                                 shall be paid after it has been converted using the
2 . The security provided for in paragraph 1 may be              average of the spot rates referred to in the second
given in the form of a cash deposit or of a guarantee            subparagraph of Article 3 (2) to the tenderer in the
issued by a credit institution conforming to the                 currency of the Member State in which the operations
criteria laid down by the Member State .                         relating to the tendering are completed .
 ---pagebreak--- No L 156/ 10                       Official Journal of the European Communities                              23 . 6 . 79
4. The intervention agency shall ask that the                tion agency which appoints the successful tenderer, it
tenderer specifies the following information :               shall send as soon as possible to the latter the informa­
(a) after each shipment, a statement giving details of       tion necessary for releasing the security.
    the quantities loaded , the quality of the products
                                                                                     Article 8
    and their packaging ;
(b) the date of the departure of the ships ; the             As regards this tender the intervention agency is auth­
    expected date of arrival of the products at their        orized to make an initial payment of 80 % of the
    destination ;                                            value of the quantity given in the bill of lading, on
(c) all possible contingencies which might occur             presentation of that document and subject to the
    during transportation of the products .                  taking of a security for an amount equal to the initial
                                                             payment .
The intervention agency shall transmit the informa­
tion provided for to the Commission as soon as it is                                 Article 9
received .
                                                             This Regulation shall enter into force on the day of its
5.     When the intervention agency responsible for          publication in the Official Journal of the European
the operations relating to tendering is not the interven­     Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 22 June 1979 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President