CELEX: 31977R1369
Language: en
Date: 1977-06-24 00:00:00
Title: Commission Regulation (EEC) No 1369/77 of 24 June 1977 opening an invitation to tender for the mobilization of round grain milled rice as food aid for the Democratic Republic of Sao Tome and Principe

No L 156/ 24                             Official Journal of the European Communities                               25 . 6 . 77
                                    COMMISSION REGULATION ( EEC) No 1369/77
                                                         of 24 June 1977
               opening an invitation to tender for the mobilization of round grain milled rice
                      as food aid for the Democratic Republic of Sao Tome and Principe
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
                                                                    tion to tender will be fulfilled ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                    Whereas the Italian intervention agency should be
                                                                    made responsible for the tendering procedure ;
Having regard to Council Regulation (EEC) No
1418/76 of 21 June 1976 on the common organiza­                     Whereas the Commission must be informed quickly
tion of the market in rice ('),                                     of the tenders submitted in response to the invitation
                                                                    and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                   Whereas the Monetary Committee will be consulted ;
tions for the mobilization of cereals as food aid (2), and          whereas, in view of the urgency, the measures envis­
in particular Article 6 thereof,                                    aged should be adopted in accordance with the condi­
                                                                    tions laid down in Article 3 (2) of Council Regulation
                                                                    No 129 on the value of the unit of account and the
Whereas on 8 February 1977 the Council of the Euro­                 exchange rates to be applied for the purposes of the
pean Communities declared that it proposed, by way                  common agricultural policy (3), as last amended by
of Community action , to grant the equivalent of 449                Regulation ( EEC) No 2543/73 (4), and in particular
tonnes of husked rice (in other words, 348 tonnes of                Article 3 thereof ;
round grain milled rice) to the Democratic Republic
of Sao Tome and Principe under its 1976/77 food-aid
                                                                    Whereas the measures provided for in this Regulation
programme ;
                                                                    are in accordance with the opinion of the Manage­
                                                                    ment Committee for Cereals,
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;
                                                                     HAS ADOPTED THIS REGULATION :
Whereas the proposed invitation to tender ihould be
for supply of the products to the dock or in the
lighter where applicable at the port of unloading ;                                             Article 1
Whereas in view of the different monetary circum­                    1 . Tenders are hereby invited for the supply to the
stances in the Member States , the observation of these              Democratic Republic of Sao Tome and Principe by
conditions is not guaranteed by the application of                  way of Community action , of 348 tonnes of round
exchange rates applicable in the framework of the                   grain milled rice .
 common agricultural policy since monetary compensa­
 tory amounts do not apply in the rice sector ; whereas              2. The tendering procedure shall take place in Italy
 it is advisable to take account of the monetary situa­              in one lot. The product shall be mobilized on the
 tion as regards different offers ;                                  Community market. The product shall be loaded for
                                                                     departure from any Community port.
 Whereas the award under the invitation to tender
                                                                     3 . The invitation to tender provided for in para­
 must be made to the tenderer offering the best terms ;              graph 1 is for supply of products to the dock, or in
                                                                     the lighter where applicable at the port of unloading.
 Whereas, should force majeure make it impossible to
 complete the operation in question within the time                  4. The successful tenderer shall deliver the product
 limits specified, it must be made clear who is to bear              specified in paragraph 1 in new jute sacks of a net
 the liability for any resulting costs ;                             capacity of 50 kilograms .
 (') OJ No L 166, 25 . 6 . 1976, p . 1 .                             (3 ) OJ No 106, 30 . 10 . 1962, p . 2.553/62 .
 (2 ) OJ No L 281 , 1 . 1 1 . 1975, p . 89 .                         (4 ) OJ No L 263 , 19 . 9 . 1973 , p . 1 .
 ---pagebreak--- 25 . 6 . 77                          Official Journal of the European Communities                        No L 156/ 25
Minimum weight of the sacks shall be 600 grams . The           Article 1 are duly completed. The security shall be
following shall be printed on the sacks :                      forfeit if those operations are not carried out within
'Arroz — Dom da Comunidade economica europeia a                the prescribed time limit, save as regards quantities
Republica democratica de Sâo Tomé e Principe'.                 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
                                                               criteria laid down by the Member State.
goods but with the printing followed by a capital
letter 'R'.
                                                                                         Article 6
                          Article 2                             1 . The round grain milled rice referred to in Article
                                                                1 to be supplied to Sao Tome and Principe must meet
 1 . The decision on tenders received in response to           the following requirements :
the invitation provided for in Article 1 shall be taken
on 11 July 1977 .                                              — moisture : 15 /o ,
                                                               — broken rice : 5 % maximum ,
2. The closing date for the submission of tenders              —    chalky grains : 5 % maximum ,
shall be on 11 July 1977 at 12 noon .                          —    grains striated with red : 3 % maximum,
3.     The    notice   of invitation  to  tender  shall  be    —    spotted grains : 1-5% maximum ,
published in the Official Journal of the European              —    stained grains : 1 % maximum,
Communities not less than nine days before the                 —    yellow grains : 0-050 % maximum ,
closing date for the submission of tenders.                    —    amber grains : 0 20 % maximum .
                          Article 3
                                                               Rice not meeting these requirements shall be refused.
                                                               2. Tenders for supply to Sao Tome and Principe of
 1 . The prices offered must be expressed in the               the round grain milled rice referred to in Article 1
currency of the Member State in which the invitation           must relate to a product with the following characteris­
to tender was issued .
                                                               tics :
2.      For the purpose of rendering the tenders compar­       — moisture : 15% ,
able, the prices shall, where appropriate, be corrected        — broken rice : 5 % maximum ,
by the accession compensatory amount applicable on             —    chalky grains : 5 % maximum ,
the closing date for submission of tenders to exports          —    grains striated with red : 3 % maximum,
from the Member State mentioned in the tender.                 —    spotted grains : 1 -5 % maximum ,
3.     The rates used for converting into units of             —    stained grains : 1 % maximum ,
account those offers made in national currencies shall         —    yellow grains : 0-050 % maximum ,
be :                                                           —    amber grains : 0-20 % maximum .
— 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 repon­
— 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           2.     It shall forthwith communicate to the Commis­
     ately precedes the time limit for the submission of       sion the list of firms which have responded to the invi­
     tenders .                                                  tation to tender, specifying the terms of each tender,
                                                               together with the name and business name of the
                          Article 4                            successful tenderer.
The contract shall be awarded to the tenderer offering          3 . Where the customs export formalities for the
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 .
                          Article 5                             In such case , the intervention agency choosing the
                                                               successful tenderer shall immediately inform the inter­
 1.    The successful tenderer shall give security of a        vention agency of the Member State concerned and
value of 10 units of account per tonne ; the security is       shall supply it with all the information which it may
intended to guarantee that the operations specified in          require.
 ---pagebreak--- No L 156/26                      Official Journal of the European Communities                                 25 . 6 . 77
Furthermore, the amount of the successful tender             The intervention agency shall transmit the informa­
shall be paid after it has been converted using the          tion provided for to the Commission as soon as it is
average of the spot rates referred to in the second          received .
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations         5. When the intervention agency responsible for
relating to the tendering are completed.                     the operations relating to tendering is not the interven­
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
                                                             tion necessary for releasing the security.
(a) after each shipment, a statement giving details of
    the quantities loaded, the quality of the products
    and their packaging ;
(b) the date of the departure of the ships ; the                                           Article 8
    expected date of arrival of the products at their
    destination ;                                            This Regulation shall enter into force on the day of its
(c) all possible contingencies which might occur             publication in the Official Journal of the European
    during transportation of the products.                   Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 24 June 1977.
                                                                        For the Commission
                                                                         Guido BRUNNER
                     S                                             Member of the Commission
                                                        ANNEX
                Number
                  of lot
                                      Port of unloading          Minimum rate of unloading        Tonnage cif
                    1     Sao Tome                              Customs of the port                  348