CELEX: 31978R2636
Language: en
Date: 1978-11-10 00:00:00
Title: Commission Regulation (EEC) No 2636/78 of 10 November 1978 opening a new invitation to tender for the mobilization of milled long grain rice as food aid for the League of Red Cross Societies

11 . 11 . 78                               Official Journal of the European Communities                        No L 318 /29
                                     COMMISSION REGULATION (EEC) No 2636/78
                                                        of 10 November 1978
               opening a new 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 award under the invitation to tender
COMMUNITIES,                                                          must be made to the tenderer offering the best terms ;
Having regard to the Treaty establishing the European                 Whereas provision should be made for security to be
Economic Community,                                                  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 Council Regulation (EEC) No
1418/76 of 21 June 1976 on the common organiza­
                                                                      Whereas the Italian intervention agency should be
tion of the market in rice (j ), as amended by Regula­
                                                                      made responsible for the tendering procedure in ques­
tion (EEC) No 1 260/78 (2),                                           tion ; .
Having regard to Council Regulation (EEC) No                          Whereas the Commission must be informed quickly
2750/75 of 29 October 1975 laying down the condi­                     of the tenders submitted in response to the invitation
tions for the mobilization of cereals as food aid (3), and            and of those accepted by the intervention agency ;
in particular Article 6 thereof,
                                                                      Whereas the Monetary Committee will be consulted :
Whereas on 30 January 1978 the Council of the Euro­                   whereas, in view of the urgency, the measures envis­
pean Communities declared that it proposed, by way                    aged should be adopted in accordance with the condi­
of Community action , to grant the equivalent of 145                  tions laid down in Article 3 (2) of Council Regulation
tonnes of husked rice (in other words, 100 tonnes of                  No 129 on the value of the unit of account and the
milled long grain rice) to the League of Red Cross                    exchange rates to be applied for the purposes of the
Societies under its 1977/78 food-aid programme ;                      common agricultural policy (5), as last amended by
                                                                      Regulation (EEC) No 2543/73 (6), and in particular
                                                                      Article 3 thereof ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;                                    Whereas the measures provided for in this Regulation
                                                                      are in accordance with the opinion of the Manage­
                                                                      ment Committee for Cereals,
Whereas the invitation to tender opened in the
Community under Commission Regulation (EEC) No
1795/78 of 28 July 1978 opening an invitation to
tender for the mobilization of milled long grain rice
                                                                      HAS ADOPTED THIS REGULATION :
as food aid for the League of Red Cross Societies (4)
was not allocated ; whereas a new invitation to tender
should therefore be opened ;
                                                                                             Article 1
Whereas the proposed invitation to tender should be
for supply of the products to the dock or in the                       1 . Tenders are hereby invited for the supply to the
lighter where applicable at the port of unloading ;                   League of Red Cross Societies, by way of Community
                                                                      food-aid action, of 100 tonnes of milled long grain
                                                                      rice .
Whereas in view of the different monetary circum­
stances in the Member States, the observation of these
                                                                      2. The tendering procedure shall take place in Italy
conditions is not guaranteed by the application of                    in one lot. The product shall be mobilized on the
exchange rates applicable in the framework of the                      Community market. The products shall be loaded for
common agricultural policy since monetary compensa­                   departure from any Community port.
tory amounts do not apply in the rice sector ; whereas
it is advisable to take account of the monetary situa­
tion as regards different offers ;                                    3 . The invitation to tender provided for in para­
                                                                      graph 1 is for supply of products to the dock, or in
(!) OJ   No  L 166,  25 . 6.  1976,  p. 1.                            the lighter where applicable in the port of Banjul.
(2) OJ   No  L 156,  14. 6.   1978 , p. 11 .
(3) OJ   No  L 281 , 1 . 11 . 1975,  p. 89 .                          (5) OJ No 106, 30. 10. 1962, p. 2553/62.
 4  OJ   No  L 205,  29 . 7.  1978 , p. 40 .                          (6) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- No L 318 /30                       Official Journal of the European Communities                              11 . 11 . 78
4.      The successful tenderer shall deliver the product     intended to guarantee that the operations specified in
specified in paragraph 1 in new jute sacks lined with        Article 1 are duly completed. The security shall be
cotton sacks of a net capacity of 50 kilograms.               forfeit if those operations are not carried out within
                                                              the prescribed time limit, save as regards quantities
On the sacks shall be printed a red cross, 15 x 15            not delivered owing to force majeure.
cm, as well as the following :
'Milled rice / Gift of the European Economic Commu­           2. The security provided for in paragraph 1 may be
nity / Action of the League of Red Cross Societies /          given in the form of a cash deposit or of a guarantee
For free distribution Banjul'.                                issued by a credit institution conforming to the
                                                              criteria laid down by the Member State.
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty
sacks, of the same quality as those containing the                                       Article 6
goods but with the printing followed by a capital
letter 'R'
                                                              1 . The milled long grain rice referred to in Article
                                                              1 must meet the following requirements :
                         Article 2
                                                              — moisture : 15% ,
 1.     The decision on tenders received in response to       — broken rice : 5 % maximum,
the invitation provided for in Article 1 shall be taken       —    chalky grains : 5 % maximum,
on 27 November 1978 .                                         —    grains striated with red : 3 % maximum,
                                                              —    spotted grains : 1 -5 % maximum,
2.      The closing date for the submission of tenders        —    stained grains : 1 % maximum,
shall be 27 November 1978 at 12 noon .                        —    yellow grains : 0-050 % maximum,
3.      The notice of invitation to tender shall be
                                                              —    amber grains : 0-20 % maximum.
published in the Official Journal of the European
 Communities, not less than nine days before the              Rice not meeting these requirements shall be refused.
closing date for the submission of tenders.
                                                              2. Tenders for supply of the milled long grain rice
                                                              referred to in Article 1 must relate to a product with
                         Article 3                            the following characteristics :
 1 . The prices offered must be expressed in the              — moisture : 15% ,
 currency of the Member State in which the invitation         — broken rice : 5 % maximum,
 to tender was issued.                                        —     chalky grains : 5 % maximum,
                                                              —    grains striated with red : 3 % maximum,
 2.     The rates used for converting into units of           —     spotted grains : 1 -5 % maximum,
 account those offers made in national currencies shall
 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      sibly for the operations relating to the invitation to
     tenders.                                                 tender provided for by this Regulation .
                         Article 4                             2.     It shall forthwith communicate to the Commis­
                                                              sion the list of firms which have responded to the invi­
The contract shall be awarded to the tenderer offering         tation to tender, specifying the terms of each tender
 the best terms.                                               together with the name and business name of the
                                                              successful tenderer.
 However, if the tenders submitted do not appear to
 reflect normal market prices and costs, the interven­         3 . Where the customs export formalities for the
 tion agency may cancel the invitation to tender.              mobilized product are completed in a Member State
                                                               other than that in which the invitation to tender
                         Article 5                             is 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 1 0 units of account per tonne ; the security is     tenderer.
 ---pagebreak---  11 . 11 . 78                      Official Journal of the European Communities                          No L 318 /31
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 (2) 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, 10 November 1978.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President