CELEX: 31977R1752
Language: en
Date: 1977-07-29 00:00:00
Title: Commission Regulation (EEC) No 1752/77 of 29 July 1977 opening an invitation to tender for the mobilization of long grain milled rice as food aid for the United Republic of Tanzania

30 . 7. 77                               Official Journal of the European Communities                            No L 191 /65
                                      COMMISSION REGULATION (EEC) No 1752/77
                                                            of 29 July 1977
                opening an invitation to tender for the mobilization of long grain milled rice as
                                        food aid for the United Republic of Tanzania
  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                          Whereas the Commission must be informed quickly
   1418/76 of 21 June 1976 on the common organiza­                      of the tenders submitted in response to the invitation
  tion of the market in rice (*),
                                                                        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 (2), 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
 Whereas on 8 February 1977 the Council of the Euro­                    exchange rates to be applied for the purposes of the
  pean Communities declared that it proposed, by way                    common agricultural policy (3), as last amended by
  of Community action , to grant the equivalent of 2 500                Regulation (EEC) No 2543/73 (4), and in particular
  tonnes of husked rice, (in other words 1 880 tonnes of               Article 3 thereof ;
  long grain milled rice) to the United Republic of
 Tanzania under its 1976/77 food-aid programme ;                       Whereas the measures provided for in this Regulation
                                                                       are in accordance with the opinion of the Manage­
                                                                        ment Committee for Cereals,
 Whereas pursuant to Article 3 (3) of Council Regula­
 tion (EEC) No 2750/75 the goods may be purchased
 anywhere on the Community market ;
                                                                        HAS ADOPTED THIS REGULATION :
 Whereas tenders should be invited for the supply of
 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
                                                                        1 . Tenders are hereby invited for the supply to the
 Whereas in view of the different monetary circum­
 stances in the Member States, the observation of these
                                                                       United Republic of Tanzania by way of Community
                                                                       food-aid action of 1 880 tonnes of long grain milled
 conditions is not guaranteed by the application of                    rice .
 exchange rates applicable in the framework of the
 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 products 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
                                                                      grams to the port of shipment in the vicinity of the
Whereas, should force majeure make it impossible to                   vessel . The goods must be set down at the place nomi­
complete the operation in question within the time                     nated by the recipient country or its agent, the timing
limits specified, it must be made clear who is to bear                of delivery being settled by the tenderer and the recip­
the liability for any resulting costs ;                               ient country's agent.
(') OJ No L 166, 25 . 6 . 1976, p . 1 .                               ( 3 ) OJ No 106, 30 . 10 . 1962, p . 2553/62.
( 2 ) OJ No L 28 1 , 1.11 . 1975 , p . 89 .                           (4 ) OJ No L 263 , 19 . 9 . 1973 , p . 1 .
 ---pagebreak--- No L 191 /66                        Official Journal of the European Communities                               30 . 7, 77
Minimum weight of the sacks shall be 600 grams. The            notice of invitation to tender as a result of the late
following shall be printed on the sacks :                      availability of the vessels to be used for sea transporta­
'Rice — Gift of the European Economic Community                tion, the resulting costs shall be borne by the interven­
to Tanzania'.                                                  tion agency.
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 successful tenderer shall give security of a
goods but with the printing followed by a capital              value of 10 units of account per tonne ; the security is
letter ' R'.
                                                               intended to guarantee that the operations specified in
                                                               Article 1 art duly completed. The security shall be
                         Article 2                             forfeit if those operations are not carried out within
                                                               the prescribed time limit, save as regards quantities
 1 . The decision on tenders received in response to           not delivered owing to force majeure.
the invitation provided for in Article 1 shall be taken
on 22 August 1977.                                             2. The security provided for in paragraph 1 may be
2. The closing date for the submission of tenders              in the form of a cash deposit or of a guarantee issued
shall be 22 August 1977 at 12 noon.                            by a credit institution conforming to the criteria laid
                                                               down by the Member State.
 3.     The   notice of invitation   to tender shall   be
 published in the Official Journal of the European                                       Article 7
 Communities not less than nine days before the
closing date for the submission of tenders.                     1 . The long grain milled rice referred to in Article
                                                                1 to be supplied to the United Republic of Tanzania
                         Article 3                             must meet the following requirements :
 1 . The prices offered must be expressed in the               — moisture : 1 5 % ;
 currency of the Member State in which the invitation          — broken rice : 1 5 % maximum :
 to tender was issued .                                        —    chalky grains : 5 % maximum ;
                                                               —    grains striated with red : 3 % maximum ;
 2.     For the purpose of rendering the tenders compar­       —    spotted grains : 1 -5 % maximum ;
 able, the prices shall, where appropriate, be corrected       —    stained grains : 1 % maximum ;
 by the accession compensatory amount applicable on            —    yellow grains : 0-050 % maximum ;
 the closing date for submission of tenders to exports         —     amber grains : 0-20 % maximum .
 from the Member State mentioned in the tender.
 3.     The rates used for converting into units of             Rice not meeting these requirements shall be refused.
 account those offers made in national currencies shall
 be :
                                                                2. Tenders for supply to the United Republic of
                                                               Tanzania of the long grain milled rice referred to in
 — the      central rate  in  cases  where    the relevant     Article 1 must relate to a product with the following
      currency is held at any given moment within , a           characteristics :
      band of 2-25 % ,
                                                                — moisture : 1 5 % ;
 — in other cases, the average spot exchange rate               — broken rice : 1 5 % maximum :
      during the period from Wednesday of one week to           —    chalky grains : 5 % maximum ;
      Tuesday of the following week and which immedi­           —    grains striated with red : 3 % maximum ;
      ately precedes the time limit for the submission of       —    spotted grains : 1-5 % maximum ;
      tenders .
                                                                —    stained grains : 1 % maximum ;
                                                                —    yellow grains : 0 050 % maximum ;
                         Article 4                              —    amber grains : 0-20 % maximum .
 The contract shall be awarded to the tenderer offering
  the best terms .                                                                       Article 8
  However, if the tenders submitted do not appear to             1 . The Italian intervention agency shall be respon­
  correspond to normal market prices and costs, the             sible for the operations relating to the invitation to
  intervention agency may cancel the invitation to              tender provided for by this Regulation .
  tender.
                                                                2.     It shall forthwith communicate to the Commis­
                          Article 5                             sion the list of firms which have responded to the invi­
                                                                tation to tender, specifying the terms of each tender,
  If the tenderer is unable to deliver the goods in             together with the name and business name of the
  compliance with Article 1 (3) on the date given in the         successful tenderer.
 ---pagebreak--- 30 . 7 . 77                        Official Journal of the European Communities                          No L 191 / 67
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
issued, the intervention agency of the latter Member          by the intervention agency to the Commission imme­
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 (3) 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, 29 July 1977.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President