CELEX: 31976R0453
Language: en
Date: 1976-02-27 00:00:00
Title: Commission Regulation (EEC) No 453/76 of 27 February 1976 opening an invitation to tender for the mobilization of round grain milled rice as food aid for Guinea Bissau

No L 53/74                             Official Journal of the European Communities                            28 . 2. 76
                                   COMMISSION REGULATION (EEC) No 453/76
                                                    of 27 February 1976
              opening an invitation to tender for the mobilization of round grain milled rice
                                               as food aid for Guinea Bissau
THE COMMISSION OF THE EUROPEAN                                   Whereas provision should be made for security to be
COMMUNITIES,                                                     given for the purpose of guaranteeing that the obliga­
                                                                  tions arising by virtue of participation in the invita­
Having regard to the Treaty establishing the European             tion to tender for supplies to Guinea will be fulfilled ;
Economic Community,
                                                                 Whereas the Italian intervention agency should be
                                                                  made responsible for the tendering procedure ;
Having regard to Council Regulation No 359/67/ EEC
of 25 July 1967 on the common organization of the
                                                                 Whereas the Commission must be informed quickly
market in rice (!), as last amended by Regulation
                                                                 of the tenders submitted in response to the invitation
(EEC) No 668/75 (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
Whereas on 14 August 1975 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 the equivalent of 2 500            Regulation (EEC) No 2543/73 (5), and in particular
metric tons of husked rice (in other words, 1 938                Article 3 thereof ;
metric tons of round grain milled rice) to Guinea
Bissau under its 1974/75 food-aid programme ;                    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 cif, that is at the
moment, when the goods are actually removed from                                            Article 1
the ship's hold at the port of unloading ;
                                                                  1 . Tenders are hereby invited for the supply to
Whereas in view of the different monetary circum­                Guinea Bissau, by way of Community action, of 1 938
stances in the Member States, the observation of these           metric tons of round grain milled rice.
conditions is not guaranteed by the application of
exchange rates applicable in the framework of the                2. The tendering procedure shall take place in Italy
common agricultural policy since monetary compensa­              in one lot. The product shall be mobilized on the
tory amounts do not apply in the rice sector ; whereas           Community market. The product shall be loaded for
it is advisable to take account of the monetary situa­           departure from any Community port.
tion as regards 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 cif, that is
must be made to the tenderer offering the best terms ;           at the moment when the goods are actually removed
                                                                 from the ship's hold at the port of unloading.
Whereas, should force majeure make it impossible to
complete the operation in question within the time               The recipient country shall bear all costs subsequent
limits specified, it must be made clear who is to bear           to delivery of the goods, including unloading costs
the liability for any resulting costs ;                          (such as unstowing, hoisting and reception) and any
                                                                 lighterage costs.
(>) OJ No 174, 31 . 7. 1967, p. 1 .
(2) OJ No L 72, 20 . 3 . 1975, p. 18 .                           («) OJ No 106, 30. 10. 1962, p. 2553/62.
(3) OJ No L 281 , 1 . 11 . 1975, p. 89.                          (5) OJ No L 263 , 19 . 9 . 1973, p. 1 .
 ---pagebreak--- 28 . 2. 76                          . Official Journal of the European Communities                          No L 53/75
Any demurrage costs or dispatch money at the port of             intervention agency may cancel the invitation to
unloading shall be a charge on or for the benefit of             tender.
the recipient country. The rates and detailed arrange­
ments relating thereto laid down in the contract                                           Article 5
between the authorized agent of the Community and
the carrier must have been agreed upon in advance by             1 . The successful tenderer shall give security of a
the authorized agent and the receiving agent of the              value of 10 units of account per metric ton ; the secu­
recipient country.                                               rity is intended to guarantee that the operations speci­
4. The successful tenderer shall deliver the product             fied in Article 1 are duly completed. The security
specified in paragraph 1 in new jute sacks of a net              shall be forfeit if those operations are not carried out
capacity of 50 kg.                                               within the prescribed time limit, save as regards quan­
                                                                 tities not delivered owing to force majeure.
The following shall be printed on the sacks :
                                                                 2. The security provided for in paragraph 1 may be
'Arroz — Dom da Comunidade economica europeia a                  given in the form of a cash deposit or of a guarantee
Guine-Bissau.'                                                   issued by a credit institution conforming to the
                                                                 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 15 March 1976.                                                 1 to be supplied to Guinea Bissau must meet the
                                                                 following requirements :
 2.    The closing date for the submission of tenders
 shall be on 15 March 1976 at 12 noon.                           — moisture : 1 5 % ;
                                                                 — broken rice : 5 % maximum :
 3.    The notice of invitation to tender shall be
 published in the Official Journal of the European               —    chalky grains : 3 % 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 % maximum ;
                                                                 —    stained grains : 0-50 % maximum ;
                         Article 3
                                                                 —    yellow grains : 0-050 % maximum ;
 1 . The prices offered must be expressed in the                 —     amber grains : 0-125 % maximum.
 currency of the Member State in which the invitation
 to tender was issued.                                            Rice not meeting these requirements shall be refused.
 2. For the purpose of rendering the tenders compar­              2. Tenders for supply to Guinea Bissau of the
 able, the prices shall, where appropriate, be corrected          round grain milled rice referred to in Article 1 must
 by the accession compensatory amount applicable on               relate to a product with the following characteristics :
 the closing date for submission of tenders to exports            — moisture : 1 5 % ;
 from the Member State mentioned in the tender.
                                                                  — broken rice : 5 % maximum :
 3.     The rates used for converting into units of               —    chalky grains : 3 % maximum ;
 account those offers made in national currencies shall
 be :
                                                                  —   grains striated with red : 3 % maximum ;
                                                                  —    spotted grains : 1 % maximum ;
 — the      central rate  in  cases    where    the relevant
                                                                  —    stained grains : 0-50 % maximum ;
      currency is held at any given moment within a
      band of 2-25 % ,                                            —    yellow grains : 0-050 % maximum ;
 — in other cases the average spot exchange rate                  —    amber grains : 01 25 % maximum.
      during the period from Wednesday of one week to
      Tuesday of the following week and which immedi­                                      Article 7
      ately precedes the time limit for the submission of
      offers.                                                      1 . The Italian intervention agency shall be respon­
                                                                  sible for the operations relating to the invitation to
                         Article 4                                tender provided for by this Regulation.
                                                                  2.     It shall forthwith communicate to the Commis­
 The contract shall be awarded to the tenderer offering
 the best terms.                                                  sion the list of firms which have responded to the invi­
                                                                  tation to tender, specifying the terms of each tender,
  However, if the tenders submitted do not appear to              together with the name and business name of the
 correspond to normal market prices and costs, the                successful tenderer.
 ---pagebreak--- No L 53 /76                       Official Journal of the European Communities                                28 . 2. 76
3. Where the customs export formalities for the              (b) the date of the departure of the ships ; the
mobilized product are completed in a Member State                expected date of arrival of the products at their
other than that in which the invitation to tender is             destination ;
issued, the intervention agency of the latter Member
State shall be responsible for the operations following      (c) all possible contingencies which might occur
tendering, including payment to the successful                   during transportation of the products.
tenderer.
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
                                                             received.
vention agency of the Member State concerned and
shall supply it with all the information which it may
require.                                                     5. When the intervention agency responsible for
Furthermore, the amount of the successful tender
                                                             the operations relating to tendering is not the interven­
                                                             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
relating to the tendering are completed.
4. The intervention agency shall ask that the                                              Article 8
tenderer specifies the following information :
(a) after each shipment, a statement giving details of       This Regulation shall enter into force on the day of its
    the quantities loaded, the quality of the products       publication in the Official Journal of the European
    and their packaging ;                                     Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 27 February 1976.
                                                                       For the Commission
                                                                          P.J. LARDINOIS
                                                                   Member of the Commission
                                                        ANNEX
                Number                                                                              Metric
                 of lot
                                      Port of unloading          Minimum rate of unloading
                                                                                                  tonnage cif
                   1       Bissau                               Customs of the port                 1 938