CELEX: 31977R1187
Language: en
Date: 1977-06-03 00:00:00
Title: Commission Regulation (EEC) No 1187/77 of 3 June 1977 opening an invitation to tender for the mobilization of round grain milled rice as food aid for the International Committee of the Red Cross

4. 6. 77                              Official Journal of the European Communities                             No L 138 /9
                                  COMMISSION REGULATION (EEC) No 1187/77
                                                      of 3 June 1977
              opening an invitation to tender for the mobilization of round grain milled rice
                          as food aid for the International Committee of the Red Cross
THE COMMISSION OF THE EUROPEAN                                  tion to tender for supplies to the International
COMMUNITIES,                                                    Committee of the Red Cross will be fulfilled ;
Having regard to the Treaty establishing the European           Whereas the Italian intervention agency should be
Economic Community,                                             made responsible for the tendering procedure ;
                                                                Whereas the Commission must be informed quickly
Having regard to Council Regulation (EEC) No                    of the tenders submitted in response to the invitation
1418/76 of 21 June 1976 on the common organiza­                 and of those accepted by the intervention agency ;
tion of the market in rice ('),
                                                                Whereas the Monetary Committee will be consulted ;
Having regard to Council Regulation (EEC) No                    whereas, in view of the urgency, the measures envis­
2750/75 of 29 October 1975 laying down the condi­               aged should be adopted in accordance with the condi­
tions for the mobilization of cereals as food aid (2), and      tions laid down in Article 3 (2) of Council Regulation
in particular Article 6 thereof,                                 No 129 on the value of the unit of account and the
                                                                exchange rates to be applied for the purposes of the
                                                                common agricultural policy (3), as last amended by
Whereas on 8 February 1977 the Council of the Euro­              Regulation ( EEC) No 2543/73 (4), and in particular
pean Communities declared that it proposed, by way              Article 3 thereof ;
of Community action, to grant the equivalent of
2 151-29 tonnes of husked rice (in other words
1 667-5 tonnes of round grain milled rice) to the Inter­        Whereas the measures provided for in this Regulation
national   Committee       of the   Red    Cross  under  its    are in accordance with the opinion of the Manage­
1975/76 and 1976/77 food-aid programmes ;                        ment Committee for Cereals,
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased
                                                                 HAS ADOPTED THIS REGULATION :
anywhere on the Community market ;
Whereas the proposed invitation to tender should be
                                                                                           Article 1
for supply of the products to the dock or in the
lighter where applicable at the port of unloading ;
                                                                 1 . Tenders are hereby invited for supply to the
                                                                 International Committee of the Red Cross, by way of
Whereas in view of the different monetary circum­                Community action , of 1 667-5 tonnes of round grain
stances in the Member States, the observation of these           milled rice .
conditions is not guaranteed by the application of
exchange rates applicable in the framework of the
common agricultural policy since monetary compensa­              2. The tendering procedure shall take place in Italy
tory amounts do not apply in the rice sector ; whereas           in five lots. The product shall be mobilized on the
it is advisable to take account of the monetary situa­           Community market. The product shall be loaded for
tion as regards different offers ;                               departure from any Community port.
                                                                 5 . The invitation to tender provided for in para­
Whereas the award under the invitation to tender
                                                                graph 1 is for supply of products to the dock, or in
must be made to the tenderer offering the best terms ;           the lighter where applicable in the port of Manila .
Whereas provision should be made for security to be              6. The successful tenderer shall deliver the product
given for the purpose of guaranteeing that the obliga­           specified in paragraph 1 in new jute sacks lined with
tions arising by virtue of participation in the invita­          cotton sacks of a net capacity of 50 kilograms.
(') OJ No L 166, 25. 6 . 1976, p. 1 .                           (3 ) OJ No 106, 30 . 10 . 1962, p . 2553/ 62 .
 2) OJ No L 281 , 1 . 11 . 1975, p. 89 .                        (<) OJ No L 263 , 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- No L 138 / 10                         Official Journal of the European Communities                              4. 6. 77
On the sacks shall be printed a red cross, 1 5 cm x 1 5         intended to guarantee that the operations specified in
cm as well as the following :                                   Article 1 are duly completed. The security shall be
'Milled rice / Gift of the European Economic Commu­             forfeit if those operations are not carried out within
nity / Action of the International Committee of the             the prescribed time limit, save as regards quantities
Red Cross / For free distribution .'                            not delivered owing to force majeure.
To allow for the possibility of re-bagging, the                 2. The security provided for in paragraph 1 may be
successful tenderer shall supply 2 % of new empty               given in the form of a cash deposit or of a guarantee
sacks, of the same quality as those containing the              issued by a credit institution conforming to the
goods but with the printing followed by a capital               criteria laid down by the Member State.
letter 'R\
                                                                                           Article 6
                           Article 2
                                                                 1 . The round grain milled rice referred to in Article
 1 . The decision on tenders received in response to             1 to be supplied to the International Committee of
the invitation provided for in Article 1 shall be taken         the Red Cross must meet the following requirements :
on 20 June 1977.
                                                                — moisture : 1 5 % ;
2. The closing date for the submission of tenders               — broken rice : 5 % maximum ;
shall be 20 June 1977 at 12 noon .
                                                                —    chalky grains : 5 % maximum ;
3.      The    notice   of invitation  to  tender shall   be    —    grains striated with red : 3 % maximum ;
published in the Official Journal of the European               —     spotted grains : 1 -5 % maximum ;
 Communities not less than nine days before the
closing date for the submission of tenders.                     —     stained grains : 1 % maximum ;
                                                                —     yellow grains : 0 050 % maximum ;
                           Article 3                            —     amber grains : 0-20 % maximum .
 1 . The prices offered must be expressed in the                 Rice not meeting these requirements shall be refused.
currency of the Member State in which the invitation
to tender was issued .                                           2. Tenders for supply to the International
                                                                 Committee of the Red Cross of the round grain
 2.     For the purpose of rendering the tenders compar­         milled rice referred to in Article 1 must relate to a
 able, the prices shall, where appropriate, be corrected         product with the following characteristics :
 by the accession compensatory amount applicable on
 the closing date for submission of tenders to exports           — moisture : 1 5 % ;
 from the Member State mentioned in the tender.                  — broken rice : 5 % maximum ;
 3.     The rates used for converting into units of              —    chalky grains : 5 % maximum ;
 account those offers made in national currencies shall          —    grains striated with red : 3 % maximum ;
 be :                                                            —    spotted grains : 1 -5 % maximum ;
 — the      central   rate  in  cases  where   the  relevant     —    stained grains : 1 % maximum ;
      currency is held at any given moment within a              —    yellow grains : 0 050 % maximum ;
      band of 2-25 % ,
                                                                 —    amber grains : 0-20 % maximum .
  — in other cases the average spot exchange rate
      during the period from Wednesday of one week to                                      Article 7
      Tuesday of the following week and which immedi­
      ately precedes the time limit for the submission of         1 . The Italian intervention agency shall be respon­
      tenders .                                                  sible for the operations relating to the invitation to
                                                                 tender provided for by this Regulation .
                           Article 4
                                                                 2.     It shall forthwith communicate to the Commis­
  rhe contract shall be awarded to the tenderer offering         sion the list of firms which have responded to the invi­
   he best terms .                                               tation to tender, specifying the terms of each tender,
                                                                 together with the name and business name of the
  however, if the tenders submitted do not appear to             successful tenderer.
  :orrespond to normal market prices and costs, the
   ntervention agency may cancel the invitation to               3. Where the customs export formalities for the
   ender.                                                        mobilized product are completed in a Member State
                                                                 other than that in which the invitation to tender is
                           Article 5                             issued, the intervention agency of the latter Member
                                                                 State shall be responsible for the operations following
  1 . The successful tenderer shall give security of a           tendering, including payment to the successful
  ^alue of 10 units of account per tonne ; the security is       tenderer.
 ---pagebreak--- 4. 6. 77                          Official Journal of the European Communities                           No L 138/ 11
 In such case, the intervention agency choosing the          (c) all possible contingencies which might occur
successful tenderer shall immediately inform the inter­          during transportation of the products.
vention agency of the Member State concerned and
shall supply it with all the information which it may        The intervention agency shall transmit the informa­
require.                                                     tion provided for to the Commission as soon as it is
 Futhermore, the amount of the successful tender shall       received .
be paid after it has been converted using the average
of the spot rates referred to in the second subpara­         5. When the intervention agency responsible for
graph of Article 3 (3) to the tenderer in the currency       the operations relating to tendering is not the interven­
of the Member State in which the operations relating         tion agency which appoints the successful tenderer, it
to the tendering are completed.                              shall send as soon as possible to the latter the informa­
4. The intervention agency shall ask that the                tion necessary for releasing the security.
tenderer specifies the following information :
(a) after each shipment, a statement giving details of
                                                                                      Article 8
    the quantities loaded, the quality of the products
    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, 3 June 1977.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President