CELEX: 31979R1631
Language: en
Date: 1979-07-27 00:00:00
Title: Commission Regulation (EEC) No 1631/79 of 27 July 1979 opening an invitation to tender for the mobilization of semi-milled long grain rice as food aid for the United Nations High Commission for Refugees

28 . 7. 79                              Official Journal of the European Communities                         No L 190/41
                                   COMMISSION REGULATION ( EEC) No 1631 /79
                                                        of 27 July 1979
              opening an invitation to tender for the mobilization of semi-muled long grain
                   rice as food aid for the United Nations High Commission for Refugees
THE COMMISSION OF THE EUROPEAN                                     tory amounts do not apply in the rice sector ; whereas
COMMUNITIES,                                                       it is advisable to take account of the monetary situa­
                                                                   tion as regards different offers ;
Having regard to the Treaty establishing the European
Economic Community,                                               Whereas the award under the invitation to tender
                                                                   must be made to the tenderer offering the best terms ;
Having regard to Council Regulation (EEC) No
1418/76 of 21 June 1976 on the common organiza­                    Whereas, should force majeure make it impossible to
tion of the market in rice ('), as amended by Regula­              complete the operation in question within the time
tion (EEC) No 1260/78 (2),                                         limits specified, it must be made clear who is to bear
                                                                   the liability for any resulting costs ;
Having regard to Council Regulation ( EEC) No
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and         Whereas provision should be made for security to be
in particular Article 6 thereof,                                  given to guarantee fulfilment of the obligations arising
                                                                   by virtue of participation in the invitation to tender ;
Having regard to Council Regulation No 129 on the
value of the unit of account and the exchange rates to             Whereas the Italian intervention agency should be
be applied for the purposes of the common agricul­                 made responsible for the tendering procedure ;
tural policy (4), as last amended by Regulation (EEC)
No 2543/73 (5), and in particular Article 3 thereof,               Whereas the Commission must be informed quickly
                                                                   of the tenders submitted in response to the invitation
Having regard to the opinion of the Monetary                       and of those accepted by the intervention agency ;
Committee ,
                                                                   Whereas the measures provided for in this Regulation
Whereas on 8 May 1979 the Council of the European                  are in accordance with the opinion of the Manage­
Communities declared that it proposed, by way of                   ment Committee for Cereals,
Community action , to grant the equivalent of 4 082
tonnes of husked rice (in other words, 3 000 tonnes of
semi-milled long grain rice) to the United Nations
High Commission for Refugees under its 1978/79                     HAS ADOPTED THIS REGULATION :
food-aid programme ;
Whereas pursuant to Article 3 (3) of Council Regula­
                                                                                           Article 1
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;
                                                                    1 . Tenders are hereby invited for the supply to the
Whereas the proposed invitation to tender should be                 United Nations High Commission for Refugees, by
for supply of the products to the dock or in the                   way of Community action , of 3 000 tonnes of semi­
lighter where applicable at the port of unloading                  milled long grain rice .
Hong Kong ;
                                                                    2. The tendering procedure shall take place in Italy
Kong) ;                                                            in three lots . The product shall be mobilized on the
                                                                   Community market . The product shall be loaded for
Whereas, in view of the different monetary circum­                 departure from any Community port.
stances in the Member States, the observation of these
conditions is not guaranteed by the application of                 3.     The invitation to tender provided for in para­
exchange rates applicable in the framework of the                  graph 1 is for supply of products to the dock or in the
common agricultural policy since monetary compensa­                 lighter where applicable, in the port of Hong Kong :
(') OJ  No L 166, 25. 6. 1976, p. 1 .                              — lot No 1 : 1 000 tonnes ,
(2) OJ  No L 156, 14. 6 . 1978 , p. 11 .
P)  OJ  No L 281 , 1 . 11 . 1975, p. 89 .                          — lot No 2 : 1 000 tonnes ,
(«) OJ  No  106, 30 . 10 . 1962, p. 2553/ 62 .
(5) OJ  No L 263, 19 . 9 . 1973, p. 1 .                            — lot No 3 : 1 000 tonnes .
 ---pagebreak--- No L 190/42                       Official Journal of the European Communities                            28 . 7. 79
4. The successful tenderer shall deliver the product        — in the case of the successful tenderer, when the
specified in paragraph 1 in new jute sacks of a net              operations concerned have been carried out within
capacity of 50 kilograms.                                        the prescribed time limit and on submission of
                                                                 the original export licence, duly granted and
The following shall be printed on the sacks :                    endorsed by the competent authorities of the
'White rice — Gift of the European Economic                      Member State mentioned in the tender pursuant
Community to United Nations High Commission for                  to Article 3 (2),
Refugees.'                                                  — in the case of the successful tenderer, for quanti­
To allow for the possibility of re-bagging, the                  ties not supplied by reason of force majeure.
successful tenderer shall supply 2 % of new empty
                                                            2. The security required under paragraph 1 may be
sacks, of the same quality as those containing the          provided in the form of a cash deposit or of a
goods but with the printing followed by a capital
letter 'R\                                                  guarantee issued by a credit institution conforming to
                                                            criteria laid down by each Member State.
                        Article 2
                                                                                      Article 6
1.    The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken      1 . The semi-milled long grain rice referred to in
on 10 August 1979.                                          Article 1 to be supplied to the United Nations High
2. The closing date for the submission of tenders           Commission for Refugees must meet the following
                                                            requirements :
shall be 10 August 1979 at 12 noon .
3.    The    notice of invitation  to tender shall be
                                                            — moisture : 15% ,
published in the Official Journal of the European           — broken rice : 5 % maximum,
Communities not less than nine days before the              —    chalky grains : 5 % maximum,
closing date for the submission of tenders.                 —    grains striated with red : 3 % maximum,
                        Article 3                           —    spotted grains : 1 -5 % maximum,
                                                            —    stained grains : 1 % maximum ,
1 . The prices offered must be expressed in the             —    yellow grains : 0-050 % maximum ,
currency of the Member State in which the invitation
to tender was issued .                                      —    amber grains : 0-20 % maximum .
2.    The rates used for converting into ECU those          Rice not meeting these requirements shall be refused.
offers made in national currencies shall be :
— the     central  rate in  cases  where   the  relevant    2. Tenders for supply to the United Nations High
                                                            Commission for Refugees of the semi-milled long
    currency is held at any given moment within a           grain rice referred to in Article 1 must relate to a
    band of 2-25 % ,
                                                            product with the following characteristics :
— in other cases, the average spot exchange rate
    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 ,
    offers .
                                                            —    grains striated with red : 3 % maximum,
                        Article 4                           —    spotted grains : 1-5% maximum ,
                                                            —    stained grains : 1 % maximum,
The contract shall be awarded to the tenderer offering
the best terms .                                            —    yellow grains : 0-050 % maximum ,
                                                            —    amber grains : 0-20 % maximum .
However, if the tenders submitted do not appear to
correspond to normal market prices and costs, the
intervention agency may cancel the invitation to                                      Article 7
tender.
                                                             1 . The Italian intervention agency shall be respon­
                        Article 5                           sible for the operations relating to the invitation to
                                                            tender provided for by this Regulation .
1 . The tenderer shall give security in an amount of
12 ECU per tonne of goods.                                  2.     It shall forthwith communicate to the Commis­
It shall be released :
                                                            sion the list of firms which have responded to the invi­
                                                            tation to tender, specifying the terms of each tender,
— in the case of all tenderers whose tenders are            together with the name and business name of the
    unsuccessful or are not accepted,                       successful tenderer.
 ---pagebreak--- 28 . 7 . 79                       Official Journal of the European Communities                           No L 190 /43
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 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 Article 3 (2) to     As regards this tender, the intervention agency is auth­
the tenderer in the currency of the Member State in           orized to make an initial payment of 80 % of the
which the operations relating to the tendering are            value of the quantity given in the bill of lading, on
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, 27 July 1979 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President