CELEX: 31978R0513
Language: en
Date: 1978-03-10 00:00:00
Title: Commission Regulation (EEC) No 513/78 of 10 March 1978 opening an invitation to tender for the mobilization of husked long grain rice as food aid for the United Nations High Commission for Refugees

No L 69 / 14                          Official Journal of the European Communities                             11 . 3 . 78
                                   COMMISSION REGULATION ( EEC) No 513/78
                                                     of 10 March 1978
              opening an invitation to tender for the mobilization of husked 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 1 1 58 /77 (2),                                   and of those accepted by the intervention agency ;
                                                                 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 (3), 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
Whereas on 8 February 1977 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 1 250 tonnes of                   Article 3 thereof ;
husked long grain rice to the United Nations High
Commission for Refugees under its 1976/77 food-aid               Whereas the measures provided for in this Regulation
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 Boma and Matadi,
that is at the moment when the goods are actually                                         Article 1
placed on the dock or in the lighter where applicable ;
                                                                 1 . Tenders are hereby invited for the supply to the
Whereas in view of the different monetary circum­                United Nations High Commission for Refugees, by
stances in the Member States, the observation of these           way of Community food-aid action , of 1 250 tonnes of
conditions is not guaranteed by the application of               husked long grain rice .
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 two lots of 625 tonnes each .
it is advisable to take account of the monetary situa­
tion as regards different offers ;                               The products shall be mobilized on the Community
                                                                 market.
Whereas the award under the invitation to tender
must be made to the tenderer offering the best terms ;           Shipment shall be from a Community port.
Whereas, should force majeure make it impossible to              3 . The invitation to tender provided for in para­
complete the operation in question within the time              graph 1 is for supply of products delivered Boma and
limits specified, it must be made clear who is to bear           Matadi, that is at the moment when the goods are actu­
the liability for any resulting costs ;                          ally placed on the dock or in the lighter where appli­
                                                                 cable .
(>) OJ No L 166, 25. 6. 1976, p. 1 .
(2) OJ No L 136, 2. 6. 1977, p. 13.                             (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---  11 . 3 . 78                          Official Journal of the European Communities                          No L 69/ 15
4. The successful tenderer shall deliver the product             intervention agency may cancel the invitation to
specified in paragraph 1 in new jute sacks of a net              tender.
capacity of 50 kilograms .
Minimum weight of the sacks shall be 600 grams . The                                     Article 5
following shall be printed on the sacks :
'Riz / Don de la CEE / Action UNHCR au Zaïre / À                 1 . The successful tenderer shall give security of a
                                                                 value of 10 units of account per tonne ; the security is
distribuer gratuitement'.                                        intended to guarantee that the operations specified in
To allow for the possibility of re-bagging, the                  Article 1 are duly completed. The security shall be
successful tenderer shall supply 2 % of new empty                forfeit if those operations are not carried out within
sacks of the same quality as those containing the                the prescribed time limit, save as regards quantities
goods but with the printing followed by a capital                not delivered owing to force majeure.
letter 'R'.
                                                                 2. The security provided for in paragraph 1 may be
                                                                given in the form of a cash deposit or of a guarantee
                           Article 2                             issued by a credit institution conforming to the
                                                                 criteria laid down by the Member State.
 1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken
on 28 March 1978 .                                                                       Article 6
2.      The closing date for the submission of tenders           1 . The husked long grain rice referred to in Article
shall be 28 March 1978 at 12 noon .                              1 to be supplied to the United Nations High Commis­
                                                                 sion for Refugees must meet the following require­
3.      The    notice   of invitation  to  tender  shall  be     ments :
published in the Official Journal of the European
Communities, not less than nine days before the                  (a) rice, free of odour, of a sound and fair marketable
closing date for the submission of tenders .                         quality ;
                                                                 (b) moisture content : 1 5 % ;
                           Article 3
                                                                 (c) percentage of rice grains which are not of unim­
1 . The prices offered must be expressed in the                      paired quality :
currency of the Member State in which the invitation                 — paddy grains : 1 % ,
to tender was issued .
                                                                     — broken rice : 5 % ,
2. For the purpose of rendering the tenders compar­                  — green grains or grains showing natural malfor­
able, the prices shall, where appropriate, be corrected                   mation : 5 % (including up to 0-5 % of red
by the accession compensatory amount applicable on                        grains) ;
the closing date for submission of tenders to exports            (d) tolerance of extraneous matter, consisting of :
from the Member State mentioned in the tender .
                                                                     — mineral or vegetable inedible substances
3.      The rates used for converting into units of                       provided that they are not toxic : 0.01 % ,
account those offers made in national currencies shall
be :
                                                                     — extraneous grains or parts thereof, edible :
                                                                          0.10 % ;
— the       central   rate in   cases where    the  relevant
                                                                 (e) when wholly milled, percentage of wholly milled
      currency is held at any given moment within a                   rice grains which are not of unimpaired quality :
      band of 2-25 % ,
                                                                     — chalky grains : 5 % ,
— in other cases, the average spot exchange rate
      during the period from Wednesday of one week to                — spotted grains : 1.5 % ,
      Tuesday of the following week and which immedi­                — yellow grains : 0.05 % ,
      ately precedes the time limit for the submission of
      offers .                                                       — amber grains : 0.20 % .
                                                                 Rice not meeting these requirements shall be refused.
                           Article 4
The contract shall be awarded to the tenderer offering                                    Article 7
the best terms .
                                                                 1 . The Italian intervention agency shall be respon­
However, if the tenders submitted do not appear to               sible for the operations relating to the invitation to
correspond to normal market prices and costs, the                tender provided for by this Regulation .
 ---pagebreak--- No L 69/ 16                        Official Journal of the European Communities                               11 . 3 . 78
2.    It shall forthwith communicate to the Commis­           (b) the date of the departure of the ships ; the
sion the list of firms which have responded to the invi­          expected date of arrival of the products at their
tation to tender, specifying the terms of each tt iuicr,          destination ;
together with the name and business name of the               (c) all possible contingencies which might occur
successful tenderer.
                                                                  during transportation of the products .
3 . Where the customs export formalities for the
                                                              The intervention agency shall transmit the informa­
mobilized product are completed in a Member State
other than that in which the invitation to tender is          tion provided for to the Commission as soon as it is
                                                              received .
issued, the intervention agency of the latter Member
State shall be responsible for the operations following       5 . When the intervention agency responsible for
tendering, including payment to the successful                the operations relating to tendering is not the interven­
tenderer.
                                                              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 8
require .
Furthermore, the amount of the successful tender              As regards this tender, the intervention agency is auth­
                                                              orized to make an initial payment of 80 % of the
shall be paid after it has been converted using the
                                                              value of the quantity given in the bill of lading, on
average of the spot rates referred to in the second
subparagraph of Article 3 (3) to the tenderer in the          presentation of that document and subject to the
currency of the Member State in which the operations
                                                              taking of a security for an amount equal to the initial
                                                              payment.
relating to the tendering are completed.
4. The intervention agency shall ask that the                                          Article 9
tenderer specifies the following information :
(a) after each shipment, a statement giving details of        This Regulation shall enter into force on the day of its
    the quantities loaded, the quality of the products        publication in the Official Journal of the European
    and their packaging ;                                      Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 10 March 1978 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President