CELEX: 31978R0334
Language: en
Date: 1978-02-17 00:00:00
Title: Commission Regulation (EEC) No 334/78 of 17 February 1978 opening an invitation to tender for the mobilization of round grain milled rice as food aid for the United Nations High Commission for Refugees

18 . 2 . 78                           Official Journal of the European Communities                          No L 47/23
                                   COMMISSION REGULATION ( EEC) No 334/78
                                                    of 17 February 1978
               opening an invitation to tender for the mobilization of round grain milled rice
                      as food aid for the United Nations High Commission for Refugees
 THE COMMISSION OF THE EUROPEAN                                   tions arising by virtue of participation in the invita­
 COMMUNITIES,                                                     tion to tender for supplies to the United Nations
                                                                  High Commission for Refugees 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 mu^l be informed quickly
 tion of the market in rice ('), as amended by Regula­            of the tenders submitted in response to the invitation
 tion ( EEC) No 11 .58 /77 (2),                                   and of those accepted by the intervention agency ;
 Having regard to Council Regulation (EEC) No                    Whereas the Monetary Committee will be consulted ;
 2750/75 of 29 October 1975 laying down the condi­               whereas in view of the urgency, the measures envis­
 tions for the mobilization of cereals as food aid (3), and      aged should be adopted in accordance with the condi­
 in particular Article 6 thereof,                                 tions laid down in Article 3 (2) of Council Regulation
                                                                  No 129 on the value of the unit of account and the
                                                                  exchange rates to be applied for the purposes of the
 Whereas on 27 July 1976 the Council of the Euro­                common agricultural policy (4), as last amended by
 pean Communities declared that it proposed, by way               Regulation (EEC) No 2543/73 (5), and in particular
 of Community action , to grant the equivalent of 576            Article 3 thereof ;
 tonnes of husked rice (in other words 446 tonnes of
 round grain milled rice) to the United Nations High
 Commission for Refugees under its 1974/75 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 should be
 for supply of the products delivered Limassol, that is
at the moment when the goods are actually placed on                                       Article 1
the dock or in the lighter where applicable ;
                                                                  1 . Tenders are hereby invited for the supply to the
Whereas, in view of the different monetary circum­                United Nations High Commission for Refugees by
stances in the Member States, the observation of these           way of Community action of 446 tonnes of round
conditions is not guaranteed by the application of               grain milled rice .
exchange rates in the framework of the common agri­
cultural policy since monetary compensatory amounts              2. The tendering procedure shall take place in Italy
do not apply in the rice sector ; whereas it is advisable        in one lot. The product shall be loaded for departure
to take account of the monetary situation as regards             from any Community port.
different offers ;
                                                                 3 . The invitation to tender provided for in para­
Whereas the award under the invitation to tender                 graph 1 is for supply of products delivered Limassol,
must be made to the tenderer offering in the best                that is at the moment when the goods are actually
terms ;                                                          placed on the dock or in the lighter where applicable.
Whereas provision should be made for security to be              4. The successful tenderer shall deliver the product
given for the purpose of guaranteeing that the obliga­           specified in paragraph 1 in new jute sacks of a net
                                                                 capacity of 50 kilograms .
(') OJ No L. 166, 25. 6. 1976, p. 1 .
(2) OJ No L 136, 2. 6. 1977, p. 13 .                             (4) OJ No L 106, 30. 10 . 1962, p. 2553/62.
(}) OJ No L 281 , 1 . 11 . 1975, p. 89 .                         (5) OJ No L 263, 19 . 9. 1973, p. 1 .
 ---pagebreak---  No L 47/24                         Official Journal of the European Communities                            18 . 2 . 78
Minimum weight of the sacks shall be 600 grams . The           intended to guarantee that the operations specified in
following shall be printed on the sacks :                     Article 1 are duly completed. The security shall be
'Milled rice — Gift of the European Economic                   forfeit if those operations are not carried out within
Community to the people of Cyprus .'                           the prescribed time limit, save as regards quantities
                                                               not delivered owing to force majeure.
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty              2. The security provided for in paragaph 1 may be
sacks, of the same quality as those containing the            given in the form of a cash deposit or of a guarantee
goods but with the printing followed by a capital              issued by a credit institution conforming to the
letter 'R '.                                                  criteria laid down by the Member State.
                         Article 2
                                                                                        Article 6
 1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken        1 . The round grain milled rice referred to in Article
on 6 March 1978 .                                              1 to be supplied to the United Nations High Commis­
                                                              sion for Refugees must meet the following require­
2.     The closing date for the submission of tenders          ments :
shall be 6 March 1978 , at 12 noon .
                                                              — moisture : 15% ,
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 the United Nations High
2.     For the purpose of rendering the tenders compar­       Commission for Refugees of the round grain milled
able, the prices shall, where appropriate, be corrected       rice referred to in Article 1 must relate to a product
by the accession compensatory amount applicable on            with the following characteristics :
the closing date for submission of tenders to exports
from the Member State mentioned in the tender.                — moisture : 15% ,
                                                              — broken rice : 5 % maximum,
3.     The rates used for converting into units of            —    chalky grains : 5 % maximum,
account those offers made in national currencies shall        —    grains striated with red : 3 % maximum,
be :                                                          —    spotted grains : 1-5% maximum,
— the      central  rate in   cases where    the  relevant    —    stained grains : 1 % maximum,
     currency is held at any given moment within a            —    yellow grains : 0-050 % maximum,
     band of 2-25 % ,                                         —-   amber grains : 0-20 % maximum .
— in other cases, the average spot exchange rate
     during the period from Wednesday of one week to                                    Article 7
     Tuesday of the following week and which immedi­
     ately precedes the closing date for the submission        1 . The Italian intervention agency shall be respon­
     of tenders .                                             sible for the operations relating to the invitation to
                                                              tender provided for by this Regulation .
                         Article 4
                                                              2.     It shall forthwith communicate to the Commis­
The contract shall be awarded to the tenderer offering        sion the list of firms which have responded to the invi­
the best terms .                                              tation to tender, specifying the terms of each tender,
                                                              together with the name and business name of the
However, if the tenders submitted do not appear to            successful tenderer.
correspond to normal market prices and costs, the
intervention agency may cancel the invitation to              3 . Where the customs export formalities for the
tender.                                                       mobilized product are completed in a Member State
                                                              other than that in which the invitation to tender is
                         Article 5                            issued, the intervention agency of the latter Member
                                                              State shall be responsible for the operations following
1 . The successful tenderer shall give security of a          tendering, including payment to the successful
value of 10 units of account per tonne ; the security is      tenderer.
 ---pagebreak---  18 . 2. 78                        Official Journal of the European Communities                            No L 47/25
 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
vention agency of the Member State concerned and              received .
shall supply it with all the information which it may
require.                                                      5. When the intervention agency responsible for
                                                              the operations relating to tendering is not the interven­
 Furthermore, the amount of the successful tender             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                                   Article 8
relating to the tendering are completed.
                                                              As regards this tender, the intervention agency is auth­
4. The intervention agency shall ask that the                 orized to make an initial payment of 80 % of the
tenderer specifies the following information :                value of the quantity given in the bill of lading, on
(a) after each shipment, a statement giving details of        presentation of that document and subject to the
      the quantities loaded, the quality of the products      taking of a security for an amount equal to the initial
     and their packaging ;                                    payment .
(b) the date of the departure of the ships ; the
                                                                                       Article 9
     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, 17 February 1978 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President