CELEX: 31978R1595
Language: en
Date: 1978-07-07 00:00:00
Title: Commission Regulation (EEC) No 1595/78 of 7 July 1978 opening an invitation to tender for the mobilization of husked long grain rice as food aid for the International Committee of the Red Cross

8 . 7. 78                             Official Journal of the European Communities                         No L 186/29
                                  COMMISSION REGULATION (EEC) No 1595/78
                                                       of 7 July 1978
               opening an invitation to tender for the mobilization of husked long grain rice as
                            food aid for the International Committee of the Red Cross
THE COMMISSION OF THE EUROPEAN                                   Whereas provision should be made for security to be
COMMUNITIES,                                                     given to guarantee fulfilment of the obligations arising
                                                                 by virtue of participation in the invitation to tender ;
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 (J), as amended by Regula­            of the tenders submitted in response to the invitation
tion (EEC) No 1260/78 (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       saged 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
Whereas on 30 January 1978 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 (4), as last amended by
of Community action, to grant 1 570 tonnes of                    Regulation (EEC) No 2543/73 (5), and in particular
                                                                 Article 3 thereof ;
husked long grain rice to the International Committee
of the Red Cross under its 1976/77 and 1977/78 food­
aid programmes ;                                                 Whereas the measures provided for in this Regulation
                                                                 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 H6 Chi Minh­
Ville, that is, at the moment when the goods are actu­
                                                                                         Article 1
ally placed on the dock, or in the lighter where appli­
cable ;
                                                                 1 . Tenders are hereby invited for the supply to the
Whereas in view of the different monetary circum­                International Committee of the Red Cross, by way of
stances in the Member States, the observation of these           Community food-aid action, of 1 570 tonnes of
conditions is not guaranteed by the application of               husked long grain rice.
exchange rates applicable in the framework of the
common agricultural policy since monetary compensa­              2.    The tendering procedure shall take place in Italy
tory amounts do not apply in the rice sector ; whereas           in one lot.
it is advisable to take account of the monetary situa­
tion as regards different offers ;                               The products shall be mobilized on the Community
                                                                 market.
Whereas the award under the invitation to tender
must be made to the tenderer offering the best terms ;           Shipment shall be from a Community port.
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 H6 Chi
limits specified, it must be made clear who is to bear           Minh-Ville that is at the moment when the goods are
the liability for any resulting costs ;                          actually placed on the dock or in the lighter where
                                                                 applicable.
o OJ No L 166, 25. 6. 1976, p. 1 .
(2) OJ No L 156, 14. 6. 1978, p. 11 .                            («) OJ No 106, 30. 10. 1962, p. 2553/62.
(3) OJ No L 281 , 1 . 11 . 1975, p. 89.                          (s) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- No L 186/30                         Official Journal of the European Communities                               8 . 7. 78
4. The successful tenderer shall deliver the product                                    Article 5
specified in paragraph 1 in new jute sacks of a net
capacity of 50 kilograms.                                      1 . The successful tenderer shall give security of a
                                                              value of 10 units of account per tonne. The security is
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
A red cross, 15 x 1 5 cm followed by :                         forfeit if those operations are not carried out within
'CICR / TF / K 78 / Riz décortiqué / Don de la                 the prescribed time limit, save as regards quantities
Communauté économique européenne / Action du
                                                               not delivered owing to force majeure.
Comité international de la Croix-Rouge / À distribuer          2. The security provided for in paragraph 1 may be
gratuitement / Hô Chi Minh-Ville'.                             given in the form of a cash deposit or of a guarantee
To allow for the possibility of re-bagging, the                issued by a credit institution conforming to the
successful tenderer shall supply 2 % of new empty              criteria laid down by the Member State.
sacks, of the same quality as those containing the                                                                    t
goods but with the printing followed by a capital                                       Article 6
letter *R\
                                                               1 . The husked long grain rice referred to in Article
                          Article 2                            1 to be supplied to the International Committee of
                                                              >the Red Cross must meet the following requirements :
 1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken        (a) rice, free of odour, of a sound and fair marketable
on 24 July 1978 .                                                   quality ;
2. The closing date for the submission of tenders              (b) moisture content : 1 5 % ;
shall be 24 July 1978 at 12 noon.                              (c) percentage of rice grains which are not of unim­
3.     The notice of invitation to tender shall be                  paired quality :
published in the Official Journal of the European                   — paddy grains : 1 %,
 Communities not less than nine days before the                     — broken rice : 5 %,
closing date for the submission of tenders.
                                                                    — green grains or grains showing natural malfor­
                   1      Article 3                                     mation 5 % (including up to 0-5 % of red
                                                                        grains) ;
 1 . The prices offered must be expressed in the
currency of the Member State in which the invitation           (d) tolerance of extraneous matter, consisting of :
to tender was issued.
                                                                    — mineral or vegetable inedible substances
2. For the purpose of rendering the tenders compar­                     provided that they are not toxic : 0-01 % ,
able, the prices shall, where appropriate, be corrected             — extraneous grains or parts thereof, edible :
by the monetary compensatory amount applicable on                       010 % ;
the closing date for submission of tenders to exports
 from the Member State mentioned in the tender.                (e) when wholly milled, percentage of wholly milled
                                                                    rice grains which are not of unimpaired quality :
 3.    The rates used for converting into units of
account those offers made in national currencies shall              — chalky grains : 5 % ,
be :                                                                — spotted grains : 1-5 % ,
— the      central   rate in  cases  where   the  relevant          — yellow grains : 0-05 % ,
     currency is held at any given moment within a                  — stained grains : 1 %,
     band of 2-25 % ,
                                                                    — amber grains : 0-20 % .
— in other cases, the average spot exchange rate
     during the period from Wednesday of one week to           Rice not meeting these requirements shall be refused.
     Tuesday of the following week and which immedi­
     ately precedes the time limit for the submission of
     offers.                                                                            Article 7
                          Article 4
                                                                1 . The Italian intervention agency shall be respon­
                                                               sible for the operations relating to the invitation to
The contract shall be awarded to the tenderer offering         tender provided for by this Regulation.
 the best terms.
                                                                2.    It shall forthwith communicate to the Commis­
 However, if the tenders submitted do not appear to            sion the list of firms which have responded to the invi­
 correspond to normal market prices and costs, the              tation to tender, specifying the terms of each tender,
 intervention agency may cancel the invitation to               together with the name and business name of the
 tender.                                                       successful tenderer.
 ---pagebreak--- 8 . 7. 78                         Official Journal of the European Communities                             No L 186/31
3. Where the customs export formalities for the               (c) all possible contingencies which might occur
mobilized product are completed in a Member State                 during transportation of the products.
other than that in which the invitation to tender is
issued, the intervention agency of the latter Member          The intervention agency shall transmit the informa­
State shall be responsible for the operations following       tion provided for to the Commission as soon as it is
tendering, including payment to the successful                received.                                  ,
tenderer.
                                                              5. When the intervention agency responsible for
In such case, the intervention agency choosing the            the operations relating to tendering is not the interven­
successful tenderer shall immediately inform the inter­       tion agency which appoints the successful tenderer, it
vention agency of the Member State concerned and              shall send as soon as possible to the latter the informa­
shall supply it with all the information which it may         tion necessary for releasing the security.
require.
Furthermore, the amount of the successful tender                                      Article 8
shall be paid after it has been converted using the
average of the spot rates referred to in the second           As regards this tender, the intervention agency is auth­
subparagraph of Article 3 (3) to the tenderer in the          orized to make an initial payment of 80 % of the
currency of the Member State in which the operations          value of the quantity given in the bill of lading, on
relating to the tendering are completed.                      presentation of that document and subject to the
4. The intervention agency shall ask that the                 taking of a security for an amount equal to the initial
tenderer specifies the following information :                payment.
(a) after each shipment, a statement giving details of
     the quantities loaded, the quality of the products                               Article 9
     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, 7 July 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President