CELEX: 31979R0206
Language: en
Date: 1979-02-02 00:00:00
Title: Commission Regulation (EEC) No 206/79 of 2 February 1979 opening an invitation to tender for the mobilization of semi-milled long grain rice as food aid for the International Committee of the Red Cross

3 . 2. 79                               Official Journal of the European Communities                           No L 29/9
                                  COMMISSION REGULATION (EEC) No 206/79
                                                      of 2 February 1979
              opening an invitation to tender for the mobilization of semi-milled long grain
                      rice as food aid for the International Committee of the Red Cross
THE COMMISSION OF THE EUROPEAN                                     Whereas provisions 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
                                                                   for supplies to the International Committee of the
Having regard to the Treaty establishing the European              Red Cross ;
Economic Community,
                                                                   Whereas the Italian intervention agency should be
Having regard to Council Regulation (EEC) No                       made responsible for the tendering procedure ;
1418/76 of 2.1 June 1976 on the common organiza­
tion of the market in rice ('), as last amended by Regu­
lation (EEC) No 1 260/78 (2),                                      Whereas the Commission must be informed quickly
                                                                   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 measures provided for in this Regulation
tions for the mobilization of cereals as food aid (3), and         are in accordance with the opinion of the Manage­
in particular Article 6 thereof,                                   ment Committee for Cereals,
Having regard to the opinion of the Monetary
Committee ,
                                                                   HAS ADOPTED THIS REGULATION :
Whereas on 30 January 1978 the Council of the Euro­
pean Communities declared that it proposed, by way
of Community action, to grant 500 tonnes of semi­                                         Article 1
milled long grain rice to the International Committee
of     the Red   Cross     under    its    1977/78   food-aid
programme ;                                                        1 . Tenders are hereby invited for the supply to the
                                                                   International Committee of the Red Cross, by way of
                                                                   Community food-aid action, of 500 tonnes of semi­
Whereas pursuant to Article 3 (3) of Council Regula­               milled long grain rice.
tion (EEC) No 2750/75 goods may be purchased
anywhere on the Community market ;
                                                                   2.    The tendering procedure shall take place in Italy
                                                                   in one lot.
Whereas the proposed invitation to tender should be
for supply of the products delivered Beira, that is at
the moment when the goods are actually placed on                   The product shall be mobilized on the Community
the dock or in the lighter where applicable ;                      market. Shipment shall be from any Community port.
                                                                   3 . The invitation to tender provided for in para­
Whereas in view of the different monetary circum­
stances in the Member States, the observation of these
                                                                   graph 1 is for supply of products delivered Beira, that
                                                                   is at the moment when the goods are actually placed
conditions is not guaranteed by the application of                 on the dock or in the lighter where applicable .
exchange rates applicable in the framework of the
common agricultural policy since monetary compensa­
tory amounts do not apply in the rice sector ; whereas             4. The successful tenderer shall deliver the product
it is advisable to take account of the monetary situa­             specified in paragraph 1 in new jute sacks lined with
tion as regards different offers ;                                 cotton sacks of a net capacity of 50 kilograms.
Whereas the award under the invitation to tender                   On the sacks shall be printed a red cross, 15 x 15
must be made to the tenderer offering the best terms ;             cm, as well as the following :
                                                                   'MZ— 16 / Rice / Gift of the EEC / Action of the
( 1 ) OJ No L 166, 25 . 6. 1976, p. 1 .
(2) OJ No L 156, 14. 6. 1978 , p. 11 .                             International Committee of the Red Cross / For free
(3) OJ No L 281 , 1 . 11 . 1975, p. 89 .                           distribution / Beira'.
 ---pagebreak--- No L 29/ 10                         Official Journal of the European Communities                              3 . 2. 79
To allow for the possibility of re-bagging, the                                          Article 6
successful tenderer shall supply 2 % of new empty
sacks, of the same quality as those containing the             1 . The semi-milled long grain rice referred to in
goods but with the printing followed by a capital              Article 1 to be supplied to the International
letter *R\                                                     Committee of the Red Cross must meet the following
                                                               requirements :
                         Article 2                             — moisture : 15 % ,
                                                               — broken rice : 5 % maximum,
1 . The decision on tenders received in response to            —    chalky grains : 5 % maximum,
the invitation provided for in Article 1 shall be taken
on 19 February 1979.                                           —    grains striated with red : 3 % maximum,
                                                               —    spotted grains : 1 -5 % maximum,
2.      The closing date for the submission of tenders         —    stained grains : 1 % maximum,
shall be 19 February 1979 at 12 noon.
                                                               —    yellow grains : 0-050 % maximum,
3.      The notice of invitation to tender shall be            —    amber grains : 0-20 % maximum.
published in the Official Journal of the European
Communities, not less than nine days before the                Rice not meeting these requirements shall be refused.
closing date for the submission of tenders.
                                                               2. Tenders for supply to the International
                                                               Committee of the Red Cross of the semi-milled long
                         Article 3                             grain rice referred to in Article 1 must relate to a
                                                               product with the following characteristics :
 1 . The prices offered must be expressed in the
currency of the Member State in which the invitation           — moisture : 15% ,
to tender was issued.                                          — broken rice : 5 % maximum,
2.      The rates used for converting into units of            —    chalky grains : 5 % maximum,
account those offers made in national currencies shall         —    grains striated with red : 3 % maximum,
be :                                                           —    spotted grains : 1 -5 % maximum,
— the       central rate  in  cases where    the  relevant     —    stained grains : 1 % maximum,
     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
The contract shall be awarded to the tenderer offering         sion the list of firms which have responded to the invi­
 the best terms .                                              tation to tender, specifying the terms of each tender,
                                                                together with the name and business name of the
 However, if the tenders submitted do not appear to            successful tenderer.
 correspond to normal market prices and costs, the
                                                                3 . Where the customs export formalities for the
 intervention agency may cancel the invitation to
 tender.                                                        mobilized product are completed in a Member State
                                                                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 10 units of account per tonne ; the security is
 intended to guarantee that the operations specified in         In such case, the intervention agency choosing the
 Article 1 are duly completed. The security shall be            successful tenderer shall immediately inform the inter­
 forfeit if those operations are not carried out within         vention agency of the Member State concerned and
 the prescribed time limit, save as regards quantities          shall supply it with all the information which it may
 not delivered owing to force majeure.                          require.
 2. The security provided for in paragraph 1 may be             Furthermore, the amount of the successful tender
 given in the form of a cash deposit or of a guarantee          shall be paid after it has been converted using the
 issued by a credit institution conforming to the               average of the spot rates referred to in the second
 criteria laid down by the Member State.                        subparagraph of Article 3 (2) to the tenderer in the
 ---pagebreak--- 3 . 2. 79                         Official Journal of the European Communities                             No L 29/ 11
currency of the Member State in which the operations          tion agency which appoints the successful tenderer, it
relating to the tendering are completed.                      shall send as soon as possible to the latter the informa­
                                                              tion necessary for releasing the security.
4. The intervention agency shall ask that the
tenderer specifies the following information :
(a) after each shipment, a statement giving details of                                Article 8
     the quantities loaded, the quality of the products
     and their packaging ;                                    As regards this tender the intervention agency is auth­
(b) the date of the departure of the ships ; the              orized to make an initial payment of 80 % of the
     expected date of arrival of the products at their        value of the quantity given in the bill of lading, on
     destination ;                                            presentation of that document and subject to the
                                                              taking of a security for an amount equal to the initial
(c) all possible contingencies which might occur              payment.
     during transportation of the products.
The intervention agency shall transmit the informa­                                  Article 9
tion provided for to the Commission as soon as it is
received.
                                                              This Regulation shall enter into force on the day of its
5. When the intervention agency responsible for               publication in the Official Journal of the European
the operation relating to tendering is not the interven­      Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 2 February 1979.
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President