CELEX: 31977R1593
Language: en
Date: 1977-07-15 00:00:00
Title: Commission Regulation (EEC) No 1593/77 of 15 July 1977 opening an invitation to tender for the mobilization of round grain milled rice as food aid for Guinea Bissau

16 . 7 . 77                              Official Journal of the European Communities                        No L 177/9
                                   COMMISSION REGULATION (EEC) No 1593/77
                                                         of 15 July 1977
              opening an invitation to tender for the mobilization of round grain milled rice
                                                 as food aid for Guinea Bissau
THE COMMISSION OF THE EUROPEAN                                     tions arising by virtue of participation in the invita­
COMMUNITIES,                                                       tion to tender for supplies to Guinea Bissau 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 in ques­
                                                                   tion ;
Having regard to Council Regulation (EEC) No
 1418 /76 of 21 June 1976 on the common organiza­
tion of the market in rice (*),                                    Whereas the Commission must be informed quickly
                                                                   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
tions for the mobilization of cereals as food aid (2), and         Whereas the Monetary Committee will be consulted ;
in particular Article 6 thereof,                                   whereas, in view of the urgency, the measures envis­
                                                                   aged should be adopted in accordance with the condi­
                                                                   tions laid down in Article 3 (2) of Council Regulation
Whereas on 25 March 1976 the Council of the Euro­                   No 129 on the value of the unit of account and the
pean Communities declared that it proposed, by way                 exchange rates to be applied for the purposes of the
of Community action, to grant the equivalent of 1 250              common agricultural policy (3), as last amended by
tonnes of husked rice (in other words, 969 tonnes of               Regulation (EEC) No 2543/73 (4), and in particular
round grain milled rice) to Guinea Bissau under its                Article 3 thereof ;
 1975/76 food-aid programme ;
                                                                   Whereas the measures provided for in this Regulation
Whereas pursuant to Article 3 (3) of Council Regula­               are in accordance with the opinion of the Manage­
tion (EEC) No 2750/75 the goods may be purchased                   ment Committee for Cereals,
anywhere on the Community market ;
Whereas proposed invitation to tender should be for
supply of the products delivered in the ship's hold at              HAS ADOPTED THIS REGULATION :
the port of unloading ;
Whereas in view of the different monetary circum­                                             Article 1
stances in the Member States, the observation of these
conditions is not guaranteed by the application of                  1 . Tenders are hereby invited for the supply to
exchange rates applicable in the framework of the                  Guinea Bissau, by way of Community food-aid action,
common agricultural policy since monetary compensa­                of 969 tonnes of round grain milled rice.
tory amounts do not apply in the rice sector ; whereas
it is advisable to take account of the monetary situa­
                                                                   2. The tendering procedure shall take place in Italy
tion as regards different offers ;
                                                                   in one lot. The product shall be mobilized on the
                                                                   Community market. The product shall be loaded for
Whereas the award under the invitation to tender
                                                                   departure from any Community port.
must be made to the tenderer offering the best terms ;
                                                                   3 . The invitation to tender provided for in para­
Whereas, should force majeure make it impossible to                graph 1 is for supply of products delivered in the
complete the operation in question within the time                 ship's hold at the port of unloading (Bissau).
limits specified, it must be made clear who is to bear
the liability for any resulting costs ;                            The recipient country shall bear all costs subsequent
                                                                   to delivery of the goods, including unloading costs
Whereas provision should be made for security to be                (such as unstowing, hoisting and reception) and any
given for the purpose of guaranteeing that the obliga­             lighterage costs.
(!) OJ No L 166, 25 . 6 . 1976 , p . 1 .                           P) OJ No 106, 30 . 10 . 1962, p. 2553/62.
(2 ) OJ No L 281 , 1 . 11 . 1975, p . 89 .                         (4) OJ No L 263 , 19 . 9 . 1973, p . 1 .
 ---pagebreak--- No L 177/ 10                        Official Journal of the European Communities                            16. 7. 77
4. The successful tenderer shall deliver the product          intended to guarantee that the operations specified in
specified in paragraph 1 in new jute sacks of a net           Article 1 are duly completed. The security shall be
capacity of 50 kilograms.                                     forfeit if those operations are not carried out within
                                                              the prescribed time limit, save as regards quantities
Minimum weight of the sacks shall be 600 grams. The
                                                              not delivered owing to force majeure.
following shall be printed on the sacks :
'Arroz blanqueado / Dom da Comunidade economica               2. The security provided for in paragraph 1 may be
europeia'.                                                    given in the form of a cash deposit or of a guarantee
                                                              issued by a credit institution conforming to the
To allow for the possiblity of re-bagging, the                criteria laid down by the Member State.
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 round grain muled rice referred to in Article
                                                               1 to be supplied to Guinea Bissau must meet the
                          Article 2                           following requirements :
1 . The decision on tenders received in response to           — moisture : 1 5 % ;
the invitation provided for in Article 1 shall be taken       — broken rice : 5 % maximum ;
on 25 July 1977.                                              —    chalky grains : 5 % maximum ;
                                                              —    grains striated with red : 3 % maximum ;
2. The closing date for the submission of tenders             —    spotted grains : 1 -5 % maximum ;
shall be 25 July 1977, at 12 noon .                           —    stained grains : 1 % maximum ;
3.     The     notice of invitation  to  tender shall   be    —    yellow grains : 0 050 % maximum ;
published in the Official Journal of the European             —    amber grains : 0-20 % maximum .
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 to Guinea Bissau of the
                          Article 3                           round grain milled rice referred to in Article 1 must
                                                              relate to a product with the following characteristics :
1 . The prices offered must be expressed in the
currency of the Member State in which the invitation          — moisture : 1 5 % ;
to tender was issued .                                        — broken rice : 5 % maximum ;
                                                              —    chalky grains : 5 % maximum ;
2.     For the purpose of rendering the tenders compar­       —    grains striated with red : 3 % maximum ;
able, the prices shall, where appropriate, be corrected       —    spotted grains : 1 -5 % maximum ;
by the accession compensatory amount applicable on            —    stained grains : 1 % maximum ;
the closing date for submission of tenders to exports         —    yellow grains : 0-050 % maximum ;
from the Member State mentioned in the tender.
                                                              — amber grains : 0-20 % maximum .
3.     The rates used for converting into units of
account those offers made in national currencies shall                                  Article 7
be :
                                                               1 . The Italian intervention agency shall be respon­
— the      central   rate in  cases where    the  relevant    sible for the operations relating to the invitation to
     currency is held at any given moment within a            tender provided for by this Regulation .
     band of 2-25 % ,
                                                              2.     It shall forthwith communicate to the Commis­
— in other cases, the average spot exchange rate
     during the period from Wednesday of one week to          sion the list of firms which have responded to the invi­
     Tuesday of the following week and which immedi­          tation to tender, specifying the terms of each tender
     ately precedes the time limit for the submission of      together with the name and business name of the
                                                              successful tenderer.
     tenders .
                                                              3 . Where the customs export formalities for the
                          Article 4                           mobilized product are completed in a Member State
                                                              other than that in which the invitation to tender is
The contract shall be awarded to the tenderer offering
the best terms .                                              issued, the intervention agency of the latter Member
                                                              State shall be responsible for the operations following
However, if the tenders submitted do not appear to            tendering, including payment to the successful
reflect normal market prices and costs, the interven­         tenderer.
tion agency may cancel the invitation to tender.
                                                              In such case, the intervention agency choosing the
                          Article 5                           successful tenderer shall immediately inform the inter­
                                                              vention agency of the Member State concerned and
1 . The successful tenderer shall give security of a          shall supply it with all the information which it may
value of 10 units of account per tonne ; the security is      require .
 ---pagebreak--- 16 . 7 . 77                       Official Journal of the European Communities                           No L 177/ 11
Furthermore, the amount of the successful tender              5. When the intervention agency responsible for
shall be paid after it has been converted using the           the operations relating to tendering is not the interven­
average of the spot rates referred to in the second           tion agency which appoints the successful tenderer, it
subparagraph of Article 3 (2) to the tenderer in the          shall send as soon as possible to the latter the informa­
currency of the Member State in which the operations          tion necessary for releasing the security.
relating to the tendering are completed.
4. The intervention agency shall ask that the                                         Article 8
tenderer specifies the following information :
                                                              As regards this tender the intervention agency is auth­
(a) after each shipment, a statement giving details of
                                                              orized to make an initial payment of 80 % of the
     the quantities loaded, the quality of the products       value of the quantity given in the bill of lading, on
     and their packaging ;
                                                              presentation of that document and subject to the
(b) the date of the departure of the ships ; the              taking of a security for an amount equal to the initial
     expected date of arrival of the products at their        payment.
     destination ;
(c) all possible contingencies which might occur
                                                                                      Article 9
     during transportation of the products.
The intervention agency shall transmit the informa­           This Regulation shall enter into force on the day of its
tion provided for to the Commission as soon as it is          publication in the Official Journal of the European
received .                                                    Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 15 July 1977.
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President