CELEX: 31979R0307
Language: en
Date: 1979-02-16 00:00:00
Title: Commission Regulation (EEC) No 307/79 of 16 February 1979 opening an invitation to tender for the mobilization of milled rice as food aid for the United Nations Relief and Works Agency for Palestine Refugees (UNRWA)

17 . 2. 79                            Official Journal of the European Communities                          No L 42/ 17
                                   COMMISSION REGULATION (EEC) No 307/79
                                                    of 16 February 1979
              opening an invitation to tender for the mobilization of milled rice as food aid
              for the United Nations Relief and Works Agency for Palestine Refugees
                                                          (UNRWA)
THE COMMISSION OF THE EUROPEAN                                   limits specified it must be made clear who is to bear
 COMMUNITIES,                                                    the liability for any resulting costs ;
 Having regard to the Treaty establishing the European           Whereas provision should be made for security to be
 Economic Community,                                             given for the purpose of guaranteeing that the obliga­
                                                                 tion arising by virtue of participation in the invitation
 Having regard to Council Regulation (EEC) No                    to tender for supplies to UNRWA will be fulfilled ;
 1418/76 of 21 June 1976 on the common organiza­
tion of the market in rice ('), as amended by Regula­            Whereas the French intervention agency should be
tion ( EEC) No 1260/78 (2),                                      made responsible for the tendering procedure in ques­
                                                                 tion ;
 Having regard to Council Regulation (EEC) No
 2750 /75 of 29 October 1975 laying down the condi­              Whereas the Commission must be informed quickly
tions for the mobilization of cereals as food aid (3), and       of the tenders submitted in response to the invitation
in particular Article 6 thereof,                                 and of those accepted by the intervention agency ;
Having regard to the opinion of the Monetary
Committee ,
                                                                 Whereas the measures provided for in this Regulation
                                                                 are in accordance with the opinion of the Manage­
                                                                 ment Committee for Cereals,
Whereas on 30 January 1978 the Council of the Euro­
pean Communities declared that it proposed, by way
of Community action, to grant the equivalent of 220
tonnes of husked rice (in other words 171 tonnes of
                                                                  HAS ADOPTED THIS REGULATION :
 round grain milled rice) to UNRWA under its
 1977/78 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
                                                                 UNRWA by way of Community food-aid action, of
Whereas the proposed invitation to tender should be               171 tonnes of round grain milled rice.
for supply of the products delivered Ashdod, that is at
the moment when the goods are actually placed on                 2. The tendering procedure shall take place in
the dock or in the lighter where applicable ;                     France in one lot. The product shall be mobilized on
                                                                 the Community market. The product shall be loaded
Whereas in view of the different monetary circum­                for departure from any Community port.
stances in the Member States, the observation of these
conditions is not guaranteed by the application of
exchange rates applicable in the framework of the                3 . The invitation to tender provided for in para­
common agricultural policy since monetary compensa­              graph 1 is for supply of products delivered Ashdod,
tory amounts do not apply in the rice sector ; whereas           that is at the moment when the goods are actually
it is advisable to take account of the monetary situa­           placed on the dock or in the lighter where applicable.
tion as regards different offers ;
                                                                 4. The successful tenderer shall deliver the product
Whereas the award under the invitation to tender                 specified in paragraph 1 in new jute sacks of a net
must be made to the tenderer offering the best terms ;           capacity of 50 kilograms (pre-slung).
Whereas, should force majeure make it impossible to              Minimum weight of the sacks shall be 600 grams. The
complete the operation in question within the time               following shall be printed on the sacks :
(') OJ No L 166, 25. 6 . 1976, p. 1 .                            'Milled rice / Gift of the European Economic Commu­
(2) OJ No L 156, 14. 6 . 1978 , p . 11 .                         nity to UNRWA / For free distribution to Palestine
(3) OJ No L 281 , 1 . 11 . 1975, p. 89 .                         refugees.'
 ---pagebreak---   No L 42/ 18                       Official Journal of the European Communities                             17. 2. 79
 To allow for the possibility of re-bagging, the              guarantee issued by a credit institution conforming to
 successful tenderer shall supply 2 % of new empty             criteria laid down by each Member State.
 sacks, of the same quality as those containing the
 goods but with the printing followed by a capital                                     Article 6
 letter ' R\
                                                               1 . The round grain milled rice referred to in Article
                         Article 2                             1 to be supplied to UNRWA must meet the following
                                                               requirements :
  1 . The decision on tenders received in response to         — moisture : 15% ,
 the invitation provided for in Article 1 shall be taken      — broken rice : 5 % maximum ,
 on 2 March 1979 .
                                                              —    chalky grains : 5 % maximum ,
 2.     The closing date for submission of tenders shall      —    grains striated with red : 3 % maximum,
 be 2 March 1979 at 12 noon .                                 —    spotted grains : 1-5% maximum ,
                                                              —    stained grains : 1 % maximum,
 3.     The   notice of  invitation to   tender shall  be     —    yellow grains : 0-050 % maximum ,
 published in the Official Journal of the European            —    amber grains : 0-20 °/o maximum .
 Communities not less than nine days before the
 closing date for submission of tenders .                     Rice not meeting these requirements shall be refused.
                                                              2. Tenders for supply to UNRWA of the round
                        Article 3                             grain milled rice referred to in Article 1 must relate to
                                                              a product with the following characteristics :
 1 . The prices offered must be expressed in the
 currency of the Member State in which the invitation         — moisture : 15% ,
 to tender was issued .                                       — broken rice : 5 % maximum ,
                                                              —    chalky grains : 5 % maximum ,
 2.     The rates used for converting into units of           —    grains striated with red : 3 % maximum ,
account those offers made in national currencies shall
                                                              —    spotted grains : 15% maximum ,
be :
                                                              —    stained grains : 1 % maximum ,
— in the case when the currencies concerned are               —    yellow grains : 0 050 % maximum,
      kept at any given moment within a band of               —    amber grains : 0-20 % maximum .
      2-25 % , a conversion rate resulting from their
     central rate,                                                                     Article 7
— in other cases, the average of the spot rates of the
     currencies concerned recorded in the Member               1 . The French intervention agency shall be respon­
     State in which the invitation to tender is issued        sible for organizing the invitation to tender provided
     during a period from the Wednesday of one week           for by this Regulation .
     to the Tuesday of the following week being the           2.     It shall forthwith communicate to the Commis­
     period immediately preceding the closing date for        sion the list of firms which have responded to the invi­
     submission of tenders .
                                                              tation to tender, specifying the terms of each tender,
                                                              together with the name and business name of the
                        Article 4                             successful tenderer.
The contract shall be awarded to the tenderer offering        3 . Where the customs export formalities for the
the best terms .                                              mobilized product are completed in a Member State
                                                              other than that in which the invitation to tender is
However, if the tenders submitted do not appear to            issued, the intervention agency of the latter Member
reflect normal market prices and costs, the interven­         State shall be responsible for the operations following
tion" agency may cancel the invitation to tender.             tendering, including payment to the successful
                                                              tenderer.
                        Article 5
                                                              In such case, the intervention agency choosing the
1 . The tenderer shall give security of a value of 10         successful tenderer shall immediately inform the inter­
units of account per tonne of the product ; for the           vention agency of the Member State concerned and
successful tenderer the security is intended to               shall supply it with all the information which it may
guarantee that the operations specified in Article 1 are      require .
duly completed. The security shall be forfeited if those
operations are not carried out within the prescribed          Furthermore, the amount of the successful tender,
time limit, save as regard quantities not delivered           shall be paid after it has been converted using the
owing to force majeure.                                       average of the spot rates referred to in the second
                                                              subparagraph of Article 3 (2) to the tenderer in the
2. The security required under paragraph 1 may be             currency of the Member State in which the operations
provided in the form of a cash deposit or of a                relating to the tendering are completed.
 ---pagebreak---  17 . 2 . 79                        Official Journal of the European Communities                           No L 42/ 19
4. The intervention agency shall request the                  tion agency which appoints the successful tenderer, it
successful tenderer to supply the following informa­          shall send as soon as possible to the latter the informa­
tion :                                                        tion necessary for releasing the security.
(a) after each shipment, a statement giving details of
      the quantities loaded, the quality of the products                              Article 8
      and the type of packing ;
                                                              As regards this tender the intervention agency is auth­
(b) the date of the departure of the ships : the esti­        orized to make an initial payment of 80 % of the
      mated date of arrival of the products at their desti­   value of the quantity given in the bill of lading, on
      nation ;
                                                              presentation of that document and subject to the
(c) all possible contingencies which might occur              taking of a security for an amount equal to the initial
      during transportation of the products .                 payment .
The information indicated above shall be forwarded
                                                                                      Article 9
by the intervention agency to the Commission imme­
diately upon receipt.
                                                              This Regulation shall enter into force on the day of its
5 . When the intervention agency responsible for              publication in the Official Journal of the European
the operations relating to tendering is not the interven­     Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 16 February 1979 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President