CELEX: 31977R1009
Language: en
Date: 1977-05-13 00:00:00
Title: Commission Regulation (EEC) No 1009/77 of 13 May 1977 opening an invitation to tender for the mobilization of round grain milled rice as food aid for the Cape Verde Islands

No L 121 /8                              Official Journal of the European Communities                            14 . 5 . 77
                                    COMMISSION REGULATION ( EEC) No 1009/77
                                                         of 13 May 1977
               opening an invitation to tender (or the mobilization of round grain milled rice
                                            as food aid for the Cape Verde Islands
THE COMMISSION OF THE EUROPEAN                                     tions arising by virtue of participation in the invita­
COMMUNITIES,                                                       tion to tender for supplies to the Cape Verde Islands
                                                                   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 ;
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 ('),                                    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                  Whereas the Monetary Committee will be consulted ;
tions for the mobilization of cereals as food aid (2), and         whereas, in view of the urgency, the measures envis­
in particular Article 6 thereof,                                    aged should be adopted in accordance with the condi­
                                                                    tions laid down in Article 3 (2) of Council Regulation
Whereas on 16 December 1976 the Council of the                      No 129 on the value of the unit of account and the
European Communities declared that it proposed, by                  exchange rates to be applied for the purposes of the
way of Community action , to grant the equivalent of                common agricultural policy (3), as last amended by
3 250 tonnes of husked rice (in other words, 2 518                  Regulation (EEC) No 2543/73 (4), and in particular
tonnes of round grain milled rice) to the Cape Verde                Article 3 thereof ;
Islands under its 1976/77 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 the proposed invitation to tender should be
for supply of the products delivered in the ship's hold             HAS ADOPTED THIS REGULATION :
at 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 the
exchange rates applicable in the framework of the                   Cape Verde Islands, by way of Community action , of
 common agricultural policy since monetary compensa­                2 518 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
 tion as regards different offers ;                                 2. The tendering procedure shall take place in Italy
                                                                    in two lots. 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
 :omplete the operation in question within the time                 ship's hold at the port of unloading (Sao Vincente :
 limits specified, it must be made clear who is to bear              1 000 tonnes ; Praia : 1 518 tonnes). The recipient
 the liability for any resulting costs ;                            country shall bear all costs subsequent to delivery of
                                                                     the goods, including unloading costs (such as
 Whereas provision should be made for security to be                 unstowing, hoisting and reception) and any lighterage
 given for the purpose of guaranteeing that the obliga­             costs .
  ') OJ No L 166, 25 . 6 . 1976, p . 1 .                            (3 ) OJ No 106, 30 . 10 . 1962, p. 2553/62.
I2 ) OJ No L 281 , 1 . 1 1 . 1975, p . 89 .                         (4 ) OJ No L 263 , 19 . 9 . 1973, p . 1 .
 ---pagebreak---  14. 5 . 77                          Official Journal of the European Communities                          No L 121 /9
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
Minimum weight of the sacks shall be 600 grams. The            the prescribed time limit, save as regards quantities
following shall be printed on the sacks :                      not delivered owing to force majeure.
'Arroz blanqueado / Dom da Comunidade Economica                2. The security provided for in paragraph 1 may be
Europeia / Destinado a distribuição gratuita'.                 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
                                                                                          Article 6
goods but with the printing followed by a capital
letter ' R'.                                                    1 . The round grain milled rice referred to in Article
                                                                1 to be supplied to the Cape Verde Islands must meet
                          Article 2                            the following requirements :
 1 . The decision on tenders received in response to           — moisture : 15 % ;
the invitation provided for in Article 1 shall be taken        — broken rice : 5 % maximum ;
on 27 May 1977.                                                —    chalky grains : 5 % maximum ;
                                                               —    grains striated with red : 3 % maximum ;
2. The closing date for the submission of tenders
shall be 27 May 1977 at 12 noon .
                                                               —     spotted grains : 1-5% maximum ;
                                                               —     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
closing date for the submission of tenders.                     Rice not meeting these requirements shall be refused.
                                                               2. Tenders for supply to the Cape Verde Islands of
                          Article 3                             the round grain milled rice referred to in Article 1
1.     The prices offered must be expressed in the              must relate to a product with the following characteris­
                                                                tics :
currency of the Member State in which the invitation
to tender was issued .                                         — moisture : 1 5 % ;
                                                               — broken rice : 5 % maximum :
2.     For the purpose of rendering the tenders compar­        —     chalky grains : 5 % maximum ;
able, the prices shall, where appropriate, be corrected        —    grains striated with red : 3 % maximum ;
by the accession compensatory amount applicable on             —     spotted grains : 1 -5 % maximum ;
the closing date for submission of tenders to exports          —     stained grains : 1 % maximum ;
from the Member State mentioned in the tender.
                                                               —     yellow grains : 0-050 % maximum ;
3.     The rates used for converting into units of             —     amber grains : 0-20 /o maximum .
account those offers made in national currencies shall
be :                                                                                      Article 7
— the      central   rate in   cases where    the  relevant     1 . The Italian intervention agency shall be respon­
     currency is held at any given moment within a              sible for the operations relating to the invitation to
     band of 2-25 % ,                                           tender provided for by this Regulation .
— in other cases, the average spot exchange rate                2.     It shall forthwith communicate to the Commis­
     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
     offers .
                                                                successful tenderer.
                          Article 4                             3 . Where the customs export formalities for the
                                                                mobilized product are completed in a Member State
The contract shall be awarded to the tenderer offering         other than that in which the invitation to tender is
the best terms .
                                                                issued, the intervention agency of the latter Member
However, if the tenders submitted do not appear to              State shall be responsible for the operations following
correspond to normal market prices and costs, the               tendering, including payment to the successful
intervention agency may cancel the invitation to                tenderer.
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--- No L 121 / 10                    Official Journal of the European Communities                                14 . 5 . 77
Furthermore, the amount of the successful tender             The intervention agency shall transmit the informa­
shall be paid after it has been converted using the          tion provided for to the Commission as soon as it is
average of the spot rates referred to in the second          received .
subparagraph of Article 3 (2) to the tenderer in the
currency of the Member State in which the operations         5. When the intervention agency responsible for
relating to the tendering are completed .                    the operations relating to tendering is not the interven­
4. The intervention agency shall ask that the                tion agency which appoints the successful tenderer, it
tenderer specifies the following information :               shall send as soon as possible to the latter the informa­
                                                             tion necessary for releasing the security.
(a) after each shipment, a statement giving details of
    the quantities loaded, the quality of the products
    and their packaging ;
(b) the date of the departure of the ships ; the                                      Article 8
    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, 13 May 1977.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President