CELEX: 31978R1799
Language: en
Date: 1978-07-28 00:00:00
Title: Commission Regulation (EEC) No 1799/78 of 28 July 1978 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

No L 205/ 52                         Official Journal of the European Communities                            29 . 7. 78
                                  COMMISSION REGULATION (EEC) No 1799/78
                                                      of 28 July 1978
               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
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
 1418 /76 of 21 June 1976 on the common organiza­               Whereas the Commission must be informed quickly
 tion of the market in rice ('), as amended by Regula­          of the tenders submitted in response to the invitation
 tion (EEC) No 1260/78(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 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 (3), 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
                                                                exchange rates to be applied for the purposes of the
Whereas on 30 January 1978 the Council of the Euro­
                                                                 common agricultural policy (4), as last amended by
 pean Communities declared that it proposed, by way              Regulation (EEC) No 2543/73 (5), and in particular
 of Community action, to grant the equivalent of 1 250          Article 3 thereof ;
 tonnes of husked rice (in other words, 925 tonnes of
 semi-milled long grain rice) to the United Nations
 High Commission for Refugees under its 1977/78                 Whereas the measures provided for in this Regulation
 food-aid programme ;                                           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 the proposed invitation to tender should be
 for supply of the products delivered to Vientiane via
 Bangkok ;                                                                              Article 1
Whereas, in view of the different monetary circum­               1 . Tenders are hereby invited for the supply to the
stances in the Member States, the observation of these           United Nations High Commission for Refugees, by
conditions is not guaranteed by the application of              way of Community action, of 925 tonnes of semi­
 exchange rates applicable in the framework of the               milled long grain 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
                                                                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 invitation to tender provided for in para­
                                                                graph 1 is for supply of the products delivered to
Whereas, should force majeure make it impossible to             Vientiane via Bangkok.
complete the operation in question within the time
limits specified, it must be made clear who is to bear          4. The successful tenderer shall deliver the product
the liability for any resulting costs ;                         specified in paragraph 1 in new jute sacks lined with
                                                                cotton sacks of a net capacity of 50 kilograms.
(!) OJ No L 166, 25. 6. 1976, p. 1 .
(2) OJ No L 156, 14. 6. 1978, p. 11 .                           (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 . 7 . 78                        Official Journal of the European Communities                         No L 205/ 53
  The following shall be printed on the sacks :                the prescribed time limit, save as regards quantities
  'Riz semi-blanchi / Don de la Communauté écono­              not delivered owing to force majeure.
  mique européenne / Action humanitaire de l'UNHCR             2. The security provided for in paragraph 1 may be
  au Laos'.
                                                               given in the form of a cash deposit or of a guarantee
                                                                issued by a credit institution conforming to the
  To allow for the possibility of re-bagging, the
                                                               criteria laid down by the Member State.
  successful tenderer shall supply 2 % of new empty
  sacks, of the same quality as those containing the
  goods but with the printing followed by a capital                                      Article 6
  letter 'R'.
                                                                1 . The semi-milled long grain rice referred to in
                                                               Article 1 to be supplied to the United Nations High
                           Article 2
                                                                Commission for Refugees must meet the following
                                                                requirements :
   1 . The decision on tenders received in response to
  the invitation provided for in Article 1 shall be taken      — moisture : 15 % ,
  on 21 August 1978 .                                          — broken rice : 5 % maximum,
  2.     The closing date for the submission of tenders        —    chalky grains : 5 % maximum,
- shall be 21 August 1978 at 12 noon.                          —    grains striated with red : 3 % maximum,
  3.     The    notice of invitation  to tender shall be       —    spotted grains : 1 .5 % maximum,
  published in the Official Journal of the European            —    stained grains 1 % maximum,
   Communities not less than nine days before the              —    yellow grains : 0.050 % maximum,
  closing date for the submission of tenders.                  —    amber grains : 0.20 % maximum .
                           Article J                            Rice not meeting these requirements shall be refused.
   1 . The prices offered must be expressed in the              2. Tenders for supply to the United Nations High
  currency of the Member State in which the invitation          Commission for Refugees of the semi-milled long
  to tender was issued .                                       grain rice referred to in Article 1 must relate to a
                                                                product with the following characteristics :
  2.     The rates used for converting into units of            — moisture : 15 % ,
  account those offers made in national currencies shall
  be :                                                          — broken rice : 5 % maximum ,
  — the      central  rate in  cases  where   the  relevant    —    chalky grains : 5 % maximum,
       currency is held at any given moment within a           —    grains striated with red : 3 % maximum,
       band of 2-25 % ,                                        —    spotted grains : 1 .5 % maximum,
  — in other cases, the average spot exchange rate             —    stained grains : 1 % maximum,
       during the period from Wednesday of one week to          —   yellow grains : 0.050 % maximum,
       Tuesday of the following week and which immedi­          —   amber grains : 0-20 % maximum .
       ately precedes the time limit for the submission of
       offers .
                                                                                         Article 7
                           Article 4
                                                                1 . The Italian intervention agency shall be respon­
  The contract shall be awarded to the tenderer offering        sible for the operations relating to the invitation to
  the best terms .                                              tender provided for by this Regulation .
                                                                2.    It shall forthwith communicate to the Commis­
   However, if the tenders submitted do not appear to
  corrrespond to normal market prices and costs, the            sion the list of firms which have responded to the invi­
  intervention agency may cancel the invitation to              tation to tender, specifying the terms of each tender,
  tender.                                                       together with the name and business name of the
                                                                successful tenderer.
                           Article 5                            3. Where the customs export formalities for the
                                                                mobilized product are completed in a Member State
   1 . The successful tenderer shall give security of a         other than that in which the invitation to tender is
  value of 10 units of account per tonne ; the security is      issued, the intervention agency of the latter Member
  intended to guarantee that the operations specified in        State shall be responsible for the operations following
  Article 1 are duly completed . The security shall be          tendering, including payment to the successful
  forfeit if those operations are not carried out within        tenderer.
 ---pagebreak--- No L 205/54                       Official Journal of the European Communities                               29 . 7 . 78
In such case, the intervention agency choosing the           The intervention agency shall transmit the informa­
successful tenderer shall immediately inform the inter­      tion provided to the Commission as soon as it is
vention agency of the Member State concerned and             received .
shall supply it with all the information which it may
require.                                                     5. When the intervention agency responsible for
                                                             the operations relating to tendering is not the interven­
Furthermore, the amount of the successful tender             tion agency which appoints the successful tenderer, it
shall be paid after it has been converted using the          shall send as soon as possible to the latter the informa­
average of the spot rates referred to in the second          tion necessary for releasing the security.
subparagraph of Article 3 (2) to the tenderer in the
currency of the Member State in which the operations                                  Article 8
relating to the tendering are completed.
                                                             As regards this tender, the intervention agency is auth­
4. The intervention agency shall ask that the                orized to make an initial payment of 80 % of the
tenderer specifies the following information :               value of the quantity given in the bill of lading, on
(a) after each shipment, a statement giving details of       presentation of that document and subject to the
    the quantities loaded, the quality of the products       taking of a security for an amount equal to the initial
    and their packaging ;                                    payment.
(b) the date of the departure of the ships ; the
                                                                                      Article 9
    expected date of arrival of the products at their
    destination ;
                                                             This Regulation shall enter into force on the day of its
(c) all possible contingencies which might occur             publication in the Official Journal of the European
    during transportation of the products.                   Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 28 July 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President