CELEX: 31978R1598
Language: en
Date: 1978-07-07 00:00:00
Title: Commission Regulation (EEC) No 1598/78 of 7 July 1978 opening an invitation to tender for the mobilization of long grain semi-milled rice as food aid for the Republic of Chad

No L 186/38                           Official Journal of the European Communities                              8 . 7. 78
                                  COMMISSION REGULATION (EEC) No 1598/78
                                                       of 7 July 1978
              opening an invitation to tender for the mobilization of long grain semi-milled
                                       rice as food aid for the Republic of Chad
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 (1), as amended by Regula­            of the tenders submitted in response to the invitation
tion (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 30 January 1978 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 278 tonnes of long                 Article 3 thereof ;
grain semi-milled rice to Chad under its 1977/78
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
 for supply of the products delivered to N'Djamena ;              HAS ADOPTED THIS REGULATION :
Whereas in view of the different monetary circum­
 stances in the Member States, the observation of these
 conditions is not guaranteed by the application of                                       Article 1
 exchange rates applicable in the framework of the
 common agricultural policy since monetary compensa­
 tory amounts do not apply in the rice sector ; whereas           1 . Tenders are hereby invited for the supply to the
 it is advisable to take account of the monetary situa­           Republic of Chad, by way of Community action, of
 tion as regards different offers ;                               278 tonnes of long grain semi-milled rice.
 Whereas the award under the invitation to tender                 2. The tendering procedure shall take place in Italy
 must be made to the tenderer offering the best terms ;           in one lot. The product shall be mobilized on the
                                                                  Community market. The product shall be loaded for
                                                                  departure from any Community port.
 Whereas, should force majeure make it impossible to
 complete the operation in question within the time
 limits specified, it must be made clear who is to bear           3 . The invitation to tender provided for in para­
 the liability for any resulting costs ;                          graph 1 is for supply of the products delivered to
                                                                  N'Djamena.
 (i) OJ No L 166, 25. 6. 1976, p. 1 .
 (*) OJ No L 156, 14. 6. 1978, p. 11 .                            (<) OJ No 106, 30 . 10. 1962, p. 2553/62.
 (J) OJ No L 281 , 1 . 11 . 1975, p. 89.                          (5) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- 8. 7. 78                           Official Journal of the European Communities                        No L 186/39
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 10 units of account per tonne. The security is
The following shall be printed on the sacks :                intended to guarantee that the operations specified in
                                                             Article 1 are duly completed. The security shall be
 Riz semi blanchi / Don de la CEE a la république du         forfeit if those operations are not carried out within
Tchad / À distribuer gratuitement'.                          the prescribed time limit, save as regards quantities
                                                             not delivered owing to force majeure.
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty            2. The security provided for in paragraph 1 may be
sacks, of the same quality as those containing the           given in the form of a cash deposit or of a guarantee
goods but with the printing followed by a capital            issued by a credit institution conforming to the
letter 'R'.                                                  criteria laid down by the Member State.
                                                                                       Article 6
                         Article 2
                                                              1 . The long grain semi-milled rice referred to in
1 . The decision on tenders received in response to          Article 1 to be supplied to Chad, must meet the
the invitation provided for in Article 1 shall be taken      following requirements :
on 24 July 1978 .
                                                             — moisture : 15 % ,
2. The closing date for the submission of tenders            — broken rice : 20 % maximum,
shall be 24 July 1978 at 12 noon.                            —    chalky grains : 5 % maximum,
3.     The   notice of invitation to tender shall be         —    grains striated with red : 3 % maximum,
published in the Official Journal of the European            —    spotted grains : 1 .5 % maximum,
Communities not less than nine days before the               —    stained grains : 1 % maximum,
closing date for the submission of tenders.
                                                             —    yellow grains : 0.050 % maximum,
                                                             —    amber grains : 0.20 % maximum.
                         Article 3
                                                              Rice not meeting these requirements shall be refused.
1 . The prices offered must be expressed in the
currency of the Member State in which the invitation          2.    Tenders for supply to Chad of the long grain
to tender was issued.                                        semi-milled rice referred to in Article 1 must relate to
                                                             a product with the following characteristics :
2.     The rates used for converting into units of           — moisture : 15 % ,
account those offers made in national currencies shall
be :                                                         — broken rice : 20 % maximum,
                                                             —    chalky grains : 5 % maximum,
— the      central rate  in  cases where    the  relevant
     currency is held at any given moment within a           —    grains striated with red : 3 % maximum,
     band of 2.25 %„                                         —    spotted grains : 1 .5 % maximum,
— in other cases, the average spot exchange rate             —    stained grains : 1 % maximum,
     during the period from Wednesday of one week to         —    yellow grains : 0.050 % maximum,
     Tuesday of the following week and which immedi­
     ately precedes the time limit for the submission of     —    amber grains : 0.20 % maximum.
     offers.
                                                                                       Article 7
                        Article 4
                                                              1 . The Italian intervention agency shall be respon­
                                                             sible for the operations relating to the invitation to
The contract shall be awarded to the tenderer offering       tender provided for by this Regulation.
the 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,
intervention agency may cancel the invitation to             together with the name and business name of the
tender.                                                      successful tenderer.
 ---pagebreak--- No L 186/40                       Official Journal of the European Communities                                8. 7. 78
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          As regards this tender, the intervention agency is auth­
subparagraph of Article 3 (2) to the tenderer in the         orized to make an initial payment of 80 % of the
currency of the Member State in which the operations         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, 7 July 1978.
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President