CELEX: 31979R1974
Language: en
Date: 1979-09-07 00:00:00
Title: Commission Regulation (EEC) No 1974/79 of 7 September 1979 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the International Committee of the Red Cross

No L 228 / 8                               Official Journal of the European Communities                             8 . 9 . 79
                                     COMMISSION REGULATION ( EEC) No 1974/79
                                                        of 7 September 1979
               opening an invitation to tender for the mobilization of milled long grain rice as
                               food aid for the International Committee of the Red Cross
THE COMMISSION OF THE EUROPEAN                                       Whereas the award under the invitation to tender
COMMUNITIES,                                                         must be made to the tenderer offering the best terms ;
Having regard to the Treaty establishing the European                Whereas provisions should be made for security to be
Economic Community,                                                  given to guarantee fulfilment of the obligations arising
                                                                     by virtue of participation in the invitation to tender
Having regard to Council Regulation ( EEC) No                         for supplies to the International Committee of the
 1418 /76 of 21 June 1976 on the common organiza­                     Red Cross ;
tion of the market in rice ( l ), as last amended by Regu­
lation ( EEC) No 15.S2/79 (*),
                                                                     Whereas the Italian intervention agency should be
Having regard to Council Regulation ( EEC) No                         made responsible for the tendering procedure ;
2750 /75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and           Whereas the Commission must be informed quickly
in particular Article 6 thereof,                                      of the tenders submitted in response to the invitation
                                                                      and of those accepted by the intervention agency ;
Having regard to Council Regulation No 129 on the
value of the unit of account and the exchange rates to
be applied for the purposes of the common agricul­                    Whereas the measures provided for in this Regulation
tural policy (4 ), as last amended by Regulation ( EEC)               are in accordance with the opinion of the Manage­
                                                                      ment Committee for Cereals ,
 No 2543/73 (5), and in particular Article 3 thereof,
 Having regard to the opinion of the Monetary
Committee ,
                                                                      HAS ADOPTED THIS REGULATION :
Whereas on 8 May 1979 the Council of the European
Communities declared that it proposed , by way of
Community action , to grant 103-5 tonnes of milled
 long grain rice to the International Committee of the
                                                                                              Article 1
Red Cross under its 1978 /79 food-aid programme ;
Whereas pursuant to Article 3 (3) of Council Regula­                   1 . Tenders are hereby invited for the supply to the
tion (EEC) No 2750/ 75 goods may be purchased                         International Committee of the Red Cross, by way of
anywhere on the Community market ;                                    Community food-aid action , of 103-5 tonnes of milled
                                                                      long grain rice .
Whereas the proposed invitation to tender should be
for supply of the products delivered to Port Sudan ,
that is at the moment when the goods are actually                     2.    The tendering procedure shall take place in Italy
                                                                      in one lot .
 placed on the quay or in the lighter where applicable ;
Whereas in view of the different monetary circum­                     The product shall be mobilized on the Community
stances in the Member States , the observation of these               market . Shipment shall be from any Community port.
conditions is not guaranteed by the application of
exchange rates applicable in the framework of the
common agricultural policy since monetary compensa­                   3.    The invitation to tender provided for in para­
 tory amounts do not apply in the rice sector ; whereas               graph 1 is for supply of products delivered to Port
 it is advisable to take account of the monetary situa­               Sudan , that is at the moment when the goods are actu­
 tion as regards different offers ;                                   ally placed on the quay or in the lighter where appli­
                                                                      cable .
(>)  OJ No  L 166, 25 . 6 . 1976, p. 1 .
(2 ) OJ No  L 188 , 26 . 7 . 1979, p. 9 .
(3)  OJ No  L 281 , 1 . 1 1 . 1975, p. 89 .                           4. The successful tenderer shall deliver the product
(«)  OJ No  106, 30 . 10 . 1962, p . 2553/ 62 .                       specified in paragraph 1 in new jute sacks lined with
(5 ) OJ No  L 263 , 19 . 9 . 1973 , p. 1 .                            cotton sacks of a net capacity of 50 kilograms .
 ---pagebreak--- 8 . 9 . 79                            Official Journal of the European Communities                           No L 228 / 9
On the sacks shall be printed a red cross 15 x 15 cm ,          2. The security provided for in paragraph 1 may be
as well as the following :                                      given in the form of a cash deposit or of a guarantee
' ER-56 / Milled rice / Gift of the European Economic            issued by a credit institution conforming to the
Community / Action of the International Committee               criteria laid down by the Member State .
of the Red Cross / For free distribution .'
                                                                                          Article 6
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty                1 . The milled long grain rice referred to in Article
sacks, of the same quality as those containing the               1 to be supplied to the International Committee of
goods but with the printing followed by a capital                the Red Cross must meet the following requirements :
 letter ' R \
                                                                — moisture : 15% ,
                                                                 — broken rice : 5 % maximum ,
                           Article 2
                                                                 —    chalky grains : 5 % maximum ,
 1.     The decision on tenders received in response to          —    grains striated with red : 3 % maximum ,
 the invitation provided for in Article 1 shall be taken         —    spotted grains : 15% maximum ,
 on 17 September 1979 .
                                                                 —    stained grains : 1 % maximum ,
 2.     The closing date for the submission of tenders           —    yellow grains : 0 050 % maximum ,
 shall be 17 September 1979 at 12 noon .                         —    amber grains : 0-20 % maximum .
 3.     The    notice   of invitation  to  tender shall   be
                                                                 Rice not meeting these requirements shall be refused .
 published in the Official Journal of the European
 Communities, not less than nine days before the                 2.     Tenders for supply to the International
 closing date for the submission of tenders .                    Committee of the Red Cross of the milled long grain
                                                                 rice referred to in Article 1 must relate to a product
                           Article 3                             with the following characteristics :
                                                                 — moisture : 15% ,
  1 . The prices offered must be expressed in the
                                                                 — broken rice : 5 % maximum ,
 currency of the Member State in which the invitation
 to tender was issued .                                          —    chalky grains : 5 % maximum ,
                                                                 —    grains striated with red : 3 % maximum ,
 2.     The rates used for converting into ECU those
 offers made in national currencies shall be :                   —    spotted grains : 1-5% maximum ,
                                                                 —    stained grains : 1 % maximum ,
 — the       central  rate  in  cases  where   the  relevant
      currency is held at any given moment within a              —    yellow grains : 0 050 % maximum ,
      band of 2-25 % ,                                           —    amber grains : 0-20 % maximum .
 — in other cases, the average spot exchange rate
      during the period from Wednesday of one week to                                     Article 7
      Tuesday of the following week and which immedi­
      ately precedes the time limit for the submission of         1.    The Italian intervention agency shall be respon­
      tenders .                                                  sible for the operations relating to the invitation to
                                                                  tender provided for by this Regulation .
                           Article 4                              2.    It shall forthwith communicate to the Commis­
                                                                  sion the list of firms which have responded to the invi­
 The contract shall be awarded to the tenderer offering           tation to tender, specifying the terms of each tender,
 the best terms .
                                                                  together with the name and business name of the
                                                                  successful tenderer .
  However, if the tenders submitted do not appear to
 correspond to normal market prices and costs, the                3.    Where the customs export formalities for the
  intervention agency may cancel the invitation to                mobilized product are completed in a Member State
 tender .
                                                                  other than that in which the invitation to tender is
                                                                  issued , the intervention agency of the latter Member
                           Article 5                              State shall be responsible for the operations following
                                                                  tendering, including payment to the successful
  1.    The successful tenderer shall give security of a          tenderer .
 value of 12 ECU per tonne ; the security is intended
  to guarantee that the operations specified in Article 1         In such case, the intervention agency choosing the
 are duly completed . The security shall be forfeit if            successful tenderer shall immediately inform the inter­
  those operations are not carried out within the pres­           vention agency of the Member State concerned and
 cribed time limit, save as regards quantities not deliv­         shall supply it with all the information which it may
 ered owing to force majeure.                                     require .
 ---pagebreak--- No L 228 / 10                     Official Journal of the European Communities                                 8 . 9 . 79
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 operation relating to tendering is not the interven­
average of the spot rates referred to in Article 3 (2) to    tion agency which appoints the successful tenderer, it
the tenderer in the currency of the Member State in          shall send as soon as possible to the latter the informa­
which the operations relating to the tendering are           tion necessary for releasing the security .
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       As regards this tender the intervention agency is auth­
                                                             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 .                                                   Com >n unities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 7 September 1979 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President