CELEX: 31979R2243
Language: en
Date: 1979-10-12 00:00:00
Title: Commission Regulation (EEC) No 2243/79 of 12 October 1979 opening an invitation to tender for the mobilization of milled long grain rice as food aid for Dominica

No L 258/8                              Official Journal of the European Communities                           13 . 10 . 79
                                     COMMISSION REGULATION (EEC) No 2243/79
                                                       of 12 October 1979
               opening an invitation to tender for the mobilization of milled long grain rice as
                                                     food aid for Dominica
 THE COMMISSION OF THE EUROPEAN                                    it is advisable to take account of the monetary situa­
 COMMUNITIES,                                                      tion as regards different offers ;
 Having regard to the Treaty establishing the European             Whereas the award under the invitation to tender
 Economic Community,                                               must be made to the tenderer offering the best terms ;
 Having regard to Council Regulation (EEC) No                      Whereas provisions should be made for security to be
 1418/76 of 21 June 1976 on the common organiza­                   given to guarantee fulfilment of the obligations arising
 tion of the market in rice ('), as last amended by Regu­          by virtue of participation in the invitation to tender
 lation (EEC) No 1552/79(2),                                       for supplies to Dominica ;
 Having regard to Council Regulation (EEC) No                      Whereas the Italian intervention agency should be
 2750/75 of 29 October 1975 laying down the condi­                 made responsible for the tendering procedure ;
 tions for the mobilization of cereals as food aid (3), and
 in particular Article 6 thereof,
                                                                   Whereas the Commission must be informed quickly
                                                                   of the tenders submitted in response to the invitation
 Having regard to Council Regulation No 129 on the                 and of those accepted by the intervention agency ;
value of the unit of account and the exchange rates to
 be applied for the purposes of the common agricul­
 tural policy (4), as last amended by Regulation (EEC)             Whereas the measures provided for in this Regulation
 No 2543/73 (5), and in particular Article 3 thereof,              are in accordance with the opinion of the Manage­
                                                                   ment Committee for Cereals,
 Having regard to the opinion of the Monetary
 Committee,
Whereas on 8 May 1979 the Council of the European                  HAS ADOPTED THIS REGULATION :
 Communities declared that it proposed, by way of
 Community action, to grant 500 tonnes of milled long
grain rice to Dominica under its 1978/79 food-aid
programme ;                                                                                Article 1
Whereas pursuant to Article 3 (3) of Council Regula­               1 . Tenders are hereby invited for the supply to
tion (EEC) No 2750/75 goods may be purchased                       Dominica, by way of Community food-aid action, of
anywhere on the Community market ;                                 500 tonnes of milled long grain rice.
Whereas the proposed invitation to tender should be                2. The tendering procedure shall take place in Italy
for supply of the products delivered to Roseau, that is            in one lot. The product shall be mobilized on the
at the moment when the goods are actually placed on                Community market. Shipment shall be from any
the quay or in the lighter where applicable ;                      Community port.
Whereas in view of the different monetary circum­                  3 . The invitation to tender provided for in para­
stances in the Member States, the observation of these             graph 1 is for supply of products delivered to Roseau,
conditions is not guaranteed by the application of                 that is at the moment when the goods are actually
exchange rates applicable in the framework of the                  placed on the quay or in the lighter where applicable.
common agricultural policy since monetary compensa­
tory amounts do not apply in the rice sector ; whereas
                                                                   4. The successful tenderer shall deliver the product
(0  OJ  No  L 166, 25. 6. 1976, p. 1 .                             specified in paragraph 1 in new jute sacks of a net
(2) OJ  No  L 188, 26. 7. 1979, p. 9.                              capacity of 50 kilograms.
(3) OJ  No  L 281 , 1 . 11 . 1975, p. 89 .
(4) OJ  No  106, 30 . 10 . 1962, p. 2553/62.
(5) OJ  No  L 263, 19 . 9. 1973, p. 1 .                            The minimum weight of the sacks shall be 600 grams.
 ---pagebreak--- 13 . 10 . 79                        Official Journal of the European Communities                          No L 258/9
The following shall be printed on the sacks :                  2. The security provided for in paragraph 1 may be
                                                              given in the form of a cash deposit or of a guarantee
'Rice / Gift of the European Economic Community to             issued by a credit institution conforming to the
Dominica / For free distribution .'
                                                               criteria laid down by the Member State.
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty
                                                                                         Article 6
sacks, of the same quality as those containing the
goods but with the printing followed by a capital
letter 'R'.                                                    1 . The milled long grain rice referred to in Article
                                                               1 to the supplied to Dominica must meet the
                                                               following requirements :
                         Article 2
                                                               — moisture : 15% ,
 1 . The decision on tenders received in response to           — broken rice : 5 % maximum,
the invitation provided for in Article 1 shall be taken        —    chalky grains : 5 % maximum,
on 29 October 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 29 October 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             Rice not meeting these requirements shall be refused.
 Communities not less than nine days before the
closing date for the submission of tenders.
                                                               2. Tenders for supply to Dominica of the milled
                                                               long grain rice referred to in Article 1 must relate to a
                         Article 3                             product with the following characteristics :
 1 . The prices offered must be expressed in the               — moisture : 15% ,
 currency of the Member State in which the invitation          — broken rice : 5 % maximum,
 to tender was issued.                                         —    chalky grains : 5 % maximum,
                                                               —    grains striated with red : 3 % maximum,
 2.     The rates used for converting into ECU those           —    spotted grains : 1 -5 % maximum,
 offers made in national currencies shall be :                 —    stained grains : 1 % maximum,
 — the      central rate  in  cases  where    the relevant     —    yellow grains : 0*050 % maximum,
      currency is held at any given moment within a            —    amber grains : 0-20 % maximum.
      band of 2-25 % ,
 — in other cases, the average spot exchange rate                                        Article 7
      during the period from Wednesday of one week to
      Tuesday of the following week and which immedi­           1 . The Italian intervention agency shall be respon­
      ately precedes the time limit for the submission of       sible for the operations relating to the invitation to
      tenders.
                                                                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 1 2 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 258/ 10                      Official Journal of the European Communities                              13 . 10 . 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 :
                                                             As regards this tender the intervention agency is auth­
(a) after each shipment, a statement giving details of
                                                             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 ta 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.                                                    Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 12 October 1979 .
                                                                      For the Commission
                                                                       Finn GUNDELACH
                                                                          Vice-President