CELEX: 31978R2519
Language: en
Date: 1978-10-27 00:00:00
Title: Commission Regulation (EEC) No 2519/78 of 27 October 1978 opening an invitation to tender for the mobilization of milled long grain rice as food aid for Lebanon

28 . 10 . 78                          Official Journal of the European Communities                         No L 301 /25
                                  COMMISSION REGULATION (EEC) No 2519/78
                                                     of 27 October 1978
               opening an invitation to tender for the mobilization of milled long grain rice as
                                                    food aid for Lebanon
 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 ('), as last amended by Regu­        of the tenders submitted in response to the invitation
 lation (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 4 140 tonnes of milled            Article 3 thereof ;
 long grain rice to Lebanon 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 tenders should be invited for the supply of              HAS ADOPTED THIS REGULATION :
the product to the port of shipment in the vicinity of
the vessel, the goods to be set down at the place nomi­
nated by the recipient or its agent ;
                                                                                            Article 1
Whereas in view of the different monetary circum­
stances in the Member States the observation of these             1 . Tenders are hereby invited for the supply to
conditions is not guaranteed by the application of               Lebanon by way of Community food-aid action of
exchange rates applicable in the framework of the                4 140 tonnes of milled long grain rice .
common agricultural policy since monetary compensa­
tory amounts do not apply in the rice sector ; whereas           2. The tendering procedure shall take place in Italy
it is advisable to take account of the monetary situa­           in one lot. The product shall be mobilized on the
tion as regards different offers ;                               Community market. The product shall be loaded for
                                                                 departure from any Community port.
Whereas the award under the invitation to tender
must be made to the tenderer offering the best terms ;           3 . The product referred to in paragraph 1 is to be
                                                                 delivered in new jute sacks of a net capacity of 50 kilo­
Whereas, should force majeure make it impossible to              grams to the port of shipment in the vicinity of the
complete the operation in question within the time               vessel . The goods must be set down at the place nomi­
limits specified, it must be made clear who is to bear           nated by the recipient country or its agent, the timing
the liability for any resulting costs ;                          of delivery being settled by the tenderer and the recip­
                                                                 ient country's agent.
(!) OJ No L 166, 25. 6. 1976, p. 1 .
(2) OJ No L 156, 14. 6. 1978 , p . 11 .                          (4) 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--- No L 301 / 26                        Official Journal of the European Communities                             28 . 10 . 78
Minimum weight of the sacks shall be 600 grams. The            availability of the vessels to be used for sea transporta­
following shall be printed on the sacks :                      tion, the resulting costs shall be borne by the interven­
                                                               tion agency.
'Riz blanchi / Don de la Communauté économique
européenne au Liban / Distribution gratuite'.
                                                                                          Article 6
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty               1 . Tfye successful tenderer shall give security of a
sacks, of the same quality as those containing the             value of 10 units of account per tonne ; the security is
goods but with the printing followed by a capital              intended to guarantee that the operations specified in
letter ' R'.                                                   Article 1 are duly completed . The security shall be
                                                               forfeit if those operations are not carried out within
                                                               the prescribed time limit, save as regards quantities
                          Article 2
                                                               not delivered owing to force majeure.
 1 . The decision on tenders received in response to           2. The security provided for in paragraph 1 may be
the invitation provided for in Article 1 shall be taken        in the form of a cash deposit or of a guarantee issued
on 13 November 1978 .
                                                               by a credit institution conforming to the criteria laid
                                                                down by the Member State.
2.     The closing date for the submission of tenders
shall be 13 November 1978 at 12 noon .
                                                                                          Article 7
3.     The    notice   of invitation  to  tender  shall  be
published in the Official Journal of the European               1 . The milled long grain rice referred to in Article
 Communities not less than nine days before the
                                                                1 to be supplied to Lebanon must meet the following
closing date for the submission of tenders.                     requirements :
                                                               — moisture : 15% ,
                          Article 3
                                                               — broken rice : 5 % maximum,
                                                               —     chalky grains : 5 % maximum,
 1 . The prices offered must be expressed in the
currency of the Member State in which the invitation           —     grains striated with red : 3 % maximum,
to tender was issued .                                         —     spotted grains : 1-5 % maximum,
                                                               —     stained grains : 1 % maximum,
2.     The rates used for converting into units of              —    yellow grains : 0-050 % maximum,
account those offers made in national currencies shall          —    amber grains : 0-20 % maximum .
be :
                                                                Rice not meeting these requirements shall be refused .
— the       central  rate  in  cases  where   the  relevant
     currency is held at any given moment within a              2. Tenders for supply to Lebanon of the milled
     band of 2-25 % ,                                           long grain rice referred to in Article 1 must relate to a
— in other cases the average spot exchange rate                 product with the following characteristics :
     during the period from Wednesday of one week to            — moisture : 15% ,
     Tuesday of the following week and which immedi­            — broken rice : 5 % maximum,
     ately precedes the time limit for the submission of        —    chalky grains : 5 % maximum,
     tenders .
                                                                —    grains striated with red : 3 % maximum,
                                                                —    spotted grains : 1 -5 % maximum,
                          Article 4                             —    stained grains : 1 % maximum,
                                                                —    yellow grains : 0-050 % maximum ,
The contract shall be awarded to the tenderer offering          —    amber grains : 0 20 % maximum .
the best terms .
                                                                                          Article 8
 However, if the tenders submitted do not appear to
correspond to normal market prices and costs, the
 intervention agency may cancel the invitation to                1 . The Italian intervention agency shall be respon­
 tender.                                                        sible for the operations relating to the invitation to
                                                                tender provided for by this Regulation .
                          Article 5                             2.     It shall forthwith communicate to the Commis­
                                                                sion the list of firms which have responded to the invi­
 If the tenderer is unable to deliver the goods in              tation to tender, specifying the terms of each tender,
compliance with Article 1 (3) on the date given in the          together with the name and business name of the
notice of invitation to tender as a result of the late          successful tenderer.
 ---pagebreak--- 28 . 10 . 78                       Official Journal of the European Communities                           No L 301 /27
3 . Where the customs export formalities for the              (b) the date of departure of the vessels.
mobilized product are completed in a Member State             The information indicated above shall be forwarded
other than that in which the invitation to tender is
                                                              by the intervention agency to the Commission imme­
issued, the intervention agency of the latter Member
State shall be responsible for the operations following       diately upon receipt.
tendering, including payment to the successful                5. When the intervention agency responsible for
tenderer.                                                     the operations relating to tendering is not the interven­
                                                              tion agency which appoints the successful tenderer, it
In such case, the intervention agency choosing the            shall send as soon as possible to the latter the informa­
successful tenderer shall immediately inform the inter­       tion necessary for releasing the security.
vention agency of the Member State concerned and
shall supply it with all the information which it may                                 Article 9
require.
                                                              On delivery of the goods at the port of shipment, a
Furthermore, the amount of the successful tender
                                                              handing-over certificate shall be supplied to the
shall be paid after it has been converted using the           successful tenderer, acting as agent for the Commu­
average of the spot rates referred to in the second           nity, by the agent of the recipient country or, in the
subparagraph of Article 3 (2) to the tenderer in the          absence of the latter, by the intervention agency of the
currency of the Member State in which the operations          Member State in whose territory the port of shipment
relating to the tendering are completed.                      is situated .
4. The intervention agency shall request the
successful tenderer to supply the following informa­                                  Article 10
tion :
                                                              This Regulation shall enter into force on the day of its
(a) after each shipment a certificate showing the quan­       publication in the Official Journal of the European
     tities dispatched and the quality of the products ;      Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels , 27 October 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President