CELEX: 31978R1722
Language: en
Date: 1978-07-24 00:00:00
Title: Commission Regulation (EEC) No 1722/78 of 24 July 1978 opening an invitation to tender for the mobilization of husked long grain rice as food aid for the League of Red Cross Societies

25. 7. 78                            Official Journal of the European Communities                          No L 201 /5
                                 COMMISSION REGULATION (EEC) No 1722/78
                                                     of 24 July 1978
              opening an invitation to tender for the mobilization of husked long grain rice as
                                   food aid for the League of Red Cross Societies
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 ('), as last amended by Regu­        of the tenders submitted in response to the invitation
lation (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      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 8 February 1977 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 1 000 tonnes of                   Article 3 thereof ;
husked long grain rice to the League of Red Cross
Societies under its 1976/77 food-aid programme ;
                                                                Whereas the measures provided for in this Regulation
                                                                are in accordance with the opinion of the Manage­
Whereas pursuant to Article 3 (3) of Council Regula­            ment Committee for Cereals,
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;
Whereas the proposed invitation to tender should be
                                                                HAS ADOPTED THIS REGULATION :
for supply of the products delivered Jakarta, that is at
the moment when the goods are actually placed on
the dock or in the lighter where applicable ;
                                                                                       Article 1
Whereas in view of the different monetary circum­
stances in the Member States, the observation of these
                                                                1 . Tenders are hereby invited for the supply to the
conditions is not guaranteed by the application of              League of Red Cross Societies, by way of Community
exchange rates applicable in the framework of the               food-aid action, of 1 000 tonnes of husked long grain
common agricultural policy since monetary compensa­             rice.
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 ;                              2.    The tendering procedure shall take place in Italy
                                                                in one lot.
Whereas the award under the invitation to tender
must be made to the tenderer offering the best terms ;         The product shall be mobilized on the Community
                                                                market. Shipment shall be from any Community port.
Whereas, should force majeure make it impossible to
complete the operation in question within the time              3. The invitation to tender provided for in para­
limits specified, it must be made clear who is to bear         graph 1 is for supply of products delivered Jakarta
the liability for any resulting costs ;                        that is at the moment when the goods are actually
                                                                placed on the dock or in the lighter where applicable.
(>) OJ No L 166, 25. 6. 1976, p. 1 .
(2) OJ No L 156, 14. 6. 1978, p. 11 .                          (4) OJ No 106, 30. 10. 1962, p. 2553/62.
P) OJ No L 281 , 1 . 11 . 1975, p. 89.                         (5) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- No L 201 /6                            Official Journal of the European Communities                             25. 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 1 0 units of account per tonne ; the security is
Minimum weight of the sacks shall be 600 grams.                   intended to guarantee that the operations specified in
                                                                 Article 1 are duly completed. The security shall be
On the sacks shall be printed a red cross, 15 x 15                forfeit if those operations are not carried out within
cm, as well as the following :                                    the prescribed time limit, save as regards quantities
                                                                  not delivered owing to force majeure.
'Husked rice / Gift of the European Economic
Community / Action of the League of Red Cross                     2. The security provided for in paragraph 1 may be
Societies / For free distribution Jakarta.'                      given in the form of a cash deposit or of a guarantee
                                                                 issued by a credit institution conforming to the
To allow for the possibility 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
goods but with the printing followed by a capital                                         Article 6
letter *R\
                                                                 The husked long grain rice referred to in Article 1 to
                                                                 be supplied to the League of Red Cross Societies must
                            Article 2                            meet the following requirements :
1 . The decision on tenders received in response to              (a) rice, free of odour, of a sound and fair marketable
 :he invitation provided for in Article 1 shall be taken              quality ;
 on 7 August 1978 .                                              (b) moisture content : 1 5 % ;
 I. The closing date for the submission of tenders               (c) percentage of rice grains which are not of unim­
 shall be 7 August 1978 at 12 noon.                                   paired quality :
  3.     The    notice   of invitation to   tender shall  be          — paddy grains : 1 % ,
  published in the Official Journal of the European                   — broken rice : 5 % ,
  Communities, not less than nine days before the                     — green grains or grains showing natural malfor­
  :losing date for the submission of tenders.                              mation 5 % (including up to 0.5 % of red
                                                                          grains) ;
                            Article 3                            (d) tolerance of extraneous matter, consisting of :
                                                                      — mineral or vegetable inedible substances
         The prices offered must be expressed in the                       provided that they are not toxic 0.01 % ,
   urrency of the Member State in which the invitation
   d tender was issued.                                               — extraneous grains or parts thereof, edible
                                                                          0.1 0 % ;
         The rates used for converting into units of             (e) when wholly milled, percentage of wholly milled
   ccount those offers made in national currencies shall
                                                                      rice grains which are not of unimpaired quality :
   e :
                                                                      — chalky grains : 5 % ,
   - the     central   rate in   cases where    the relevant
                                                                      — spotted grains : 1 *5 %,
       currency is held at any given moment within a
       band of 2*25 % ,                                               — yellow grains : 0.05 % ,
                                                                      — stained grains : maximum 1 % ,
    - in other cases, the average spot exchange rate                  — amber grains : 0.20 % .
       during the period from Wednesday of one week to
       Tuesday of the following week and which immedi­           Rice not meeting these requirements shall be refused.
       ately precedes the time limit for the submission of
       tenders.
                                                                                          Article 7
                            Article 4                            1 . The Italian intervention agency shall be respon­
                                                                 sible for the operations relating to the invitation to
     le contract shall be awarded to the tenderer offering       tender provided for by this Regulation.
     e 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,
   •tervention agency may cancel the invitation to               together with the name and business name of the
  ender.                                                         successful tenderer.
 ---pagebreak--- 25. 7. 78                         Official Journal of the European Communities                            No L 201 /7
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
subparagraph of Article 3 (2) to the tenderer in the         As regards this tender, the intervention agency is auth­
currency of the Member State in which the operations
                                                             orized to make an initial payment of 80 % of the
                                                             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, 24 July 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President