CELEX: 31975R3110
Language: en
Date: 1975-11-28 00:00:00
Title: Regulation (EEC) No 3110/75 of the Commission of 28 November 1975 opening an invitation to tender for the mobilization of round grain milled rice as food aid for the Cape Verde Islands

No L 309/ 50                            Official Journal of the European Communities                             29 . 11 . 75
                             REGULATION ( EEC) No 3110/75 OF THE COMMISSION
                                                     of 28 November 1975
               opening an invitation to tender for the mobilization of round grain milled rice
                                            as food aid for the Cape Verde Islands
THE COMMISSION OF THE EUROPEAN                                     tions arising by virtue of participation in the invita­
COMMUNITIES,                                                       tion to tender for supplies to the Cape Verde Islands
                                                                   will be fulfilled ;
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 No 359/
67/ EECC ) of 25 July 1967 on the common organiza­                 Whereas the Commission must be informed quickly
tion of the market in rice, as last amended by Regula­             of the tenders submitted in response to the invitation
tion (EEC) No 668 /75 (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 (3 ) of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid , and
                                                                   whereas, in view of the urgency, the measures envis­
                                                                   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 (4) on the value of the unit of account and the
Whereas on 14 August 1975 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, as last amended by Regu­
of Community action , to grant the equivalent of 500
                                                                   lation (EEC) No 2543/73 (5), and in particular Article
metric tons of husked rice (in other words, 387-5                  3 thereof ;
metric tons of round grain milled rice) to the Cape
Verde Islands under its 1974/75 food-aid programme ;
                                                                   Whereas the measures provided for in this Regulation
Whereas pursuant to Article 3 (3) of Council Regula­               are in accordance with the Opinion of the Manage­
tion (EEC) No 2750/75 the goods may be purchased                   ment Committee for Cereals,
anywhere on the Community market ;
Whereas the proposed invitation to tender should be
 for supply of the products delivered cif, that is at the           HAS ADOPTED THIS REGULATION :
 moment when the goods are actually removed from
the ship's hold at the port of unloading ;
                                                                                               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 the
conditions is not guaranteed by the application of                  Cape Verde Islands, by way of Community action, of
exchange rates applicable in the framework of the                   387-5 metric tons of round grain milled 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
 Whereas the award under the invitation to tender
                                                                    departure from any Community port.
 must be made to the tenderer offering the best terms ;
                                                                    3 . The invitation to tender provided for in para­
 Whereas, should force majeure make it impossible to                graph 1 is for supply of products delivered cif, that is
 complete the operation in question within the time                 at the moment when the goods are actually removed
 limits specified, it must be made clear who is to bear             from the ship's hold at the port of unloading.
 the liability for any resulting costs ;
                                                                    4. The successful tenderer shall deliver the product
 Whereas provision should be made for security to be                specified in paragraph 1 cif to the port of Porto
 given for the purpose of guaranteeing that the obliga­             Grande in new jute sacks of a net capacity of 50 kilo­
                                                                    grammes .
 (') OJ No 174, 31 . 7 . 1967, p . 1 .
 (') OJ No L 72, 20 . 3 . 1975 , p . 18 .                           (4) OJ No 106, 30 . 10 . 1962, p . 2553/ 62.
 (3 ) OJ No L 281 , 1 . 11 . 1975, p . 89 .                         (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- 29 . 11 . 75                         Official Journal of the European Communities                        No L 309/ 51
The following shall be printed on the sacks :                                            Article 6
'Arroz — Dom da Comunidade economica europeia                   1 . The round grain milled rice referred to in Article
as Ilhas de Capoverde — Distribuito gratuita.'                  1 to be supplied to the Cape Verde Islands 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
on 15 December 1975 .                                           — chalky grains : 3 % maximum ;
                                                                —   grains striated with red : 3 % maximum ;
2.     The closing date for the submission of tenders           —   spotted grains : 1 % maximum ;
shall be 15 December 1975 at 12 noon .
                                                                —   stained grains : 0-50 % maximum ;
3.     The    notice   of invitation  to tender shall    be
                                                                —   yellow grains : 0-050 % maximum ;
published in the Official Journal of the European
 Communities, not less than nine days before the                — amber grains : 0-125 % maximum .
closing date for the submission of tenders.                     Rice not meeting these requirements shall be refused.
                          Article 3                             2. Tenders for supply to the Cape Verde Islands of
                                                                the round grain milled rice referred to in Article 1
 1.    The prices offered must be expressed in the              must relate to a product with the following characteris­
currency of the Member State in which the invitation            tics :
to tender was issued .
                                                                — moisture : 1 5 % ;
2.      For the purpose of rendering the tenders compar­        — broken rice : 5 % maximum ;
able , the prices shall, where appropriate, be corrected
by the accession compensatory amount applicable on              —    chalky grains : 3 % maximum ;
the closing date for submission of tenders to exports           —   grains striated with red : 3 % maximum ;
from the Member State mentioned in the tender.                  —    spotted grains : 1 % maximum ;
 3.    The rates used for converting into units of              —    stained grains : 0-5 % maximum ;
account those offers made in national currencies shall          —    yellow grains : 0-050 % maximum ;
be :                                                            —    amber grains : 0-125 % maximum .
— the      central   rate  in  cases where    the  relevant
     currency is held at any given moment within a                                       Article 7
     band of 2-25 % ,
— in other cases, the average spot exchange rate                1 . The Italian intervention agency shall be respon­
     during the period from Wednesday of one week to            sible for the operations relating to the invitation to
     Tuesday of the following week and which immedi­            tender provided for by this Regulation .
     ately precedes the time limit for the submission of        2.     It shall forthwith communicate to the Commis­
     offers .
                                                                sion the list of firms which have responded to the invi­
                                                                tation to tender, specifying the terms of each tender,
                          Article 4                             together with the name and business name of the
                                                                successful tenderer.
The contract shall be awarded to the tenderer offering
the best terms .
                                                                3 . Where the customs export formalities for the
 However, if the tenders submitted do not appear to             mobilized product are completed in a Member State
                                                                other than that in which the invitation to tender is
correspond to normal market prices and costs, the
 intervention agency may cancel the invitation to               issued, the intervention agency of the latter Member
 tender.                                                        State shall be responsible for the operations following
                                                                tendering, including payment to the successful
                          Article 5                             tenderer.
 1.     The successful tenderer shall give security of a        In such case, the intervention agency choosing the
value of 10 units of account per metric ton ; the secu­         successful tenderer shall immediately inform the inter­
 rity is intended to guarantee that the operations speci­       vention agency of the Member State concerned and
 fied in Article 1 are duly completed. The security             shall supply it with all the information which it may
shall be forfeit if those operations are not carried out        require .
within the prescribed time limit, save as regards quan­         Furthermore, the amount of the successful tender
tities not delivered owing to force majeure.
                                                                shall be paid after it has been converted using the
 2.     The security provided for in paragraph 1 may be         average of the spot rates referred to in the second
given in the form of a cash deposit or of a guarantee           subparagraph of Article 3 (2) to the tenderer in the
 issued by a credit institution conforming to the               currency of the Member State in which the operations
 criteria laid down by the Member State.                        relating to the tendering are completed .
 ---pagebreak--- No L 309/52                      Official Journal of the European Communities                               29 . 11 . 75
4. The intervention agency shall ask that the                5. When the intervention agency responsible for
tenderer specifies the following information :               the operations relating to tendering is not the interven­
(a) after each shipment, a statement giving details of       tion agency which appoints the successful tenderer, it
    the quantities loaded, the quality of the products       shall send as soon as possible to the latter the informa­
    and their packaging ;                                    tion necessary for releasing the security.
(b) the date of the departure of the ships ; the
    expected date of arrival of the products at their
    destination ;
                                                                                     Article 8
(c) all possible contingencies which might occur
    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, 28 November 1975 .
                                                                       For the Commission
                                                                         P.J. LARDINOIS
                                                                   Member of the Commission