CELEX: 31978R0586
Language: en
Date: 1978-03-22 00:00:00
Title: Commission Regulation (EEC) No 586/78 of 22 March 1978 opening an invitation to tender for the mobilization of husked long grain rice as food aid for the Socialist Republic of Vietnam

No L 79 /30                            Official Journal of the European Communities                             23 . 3 . 78
                                    COMMISSION REGULATION ( EEC) No 586/78
                                                      of 22 March 1978
              opening an invitation to tender for the mobilization of husked long grain rice as
                                     food aid for the Socialist Republic of Vietnam
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
                                                                 Whereas the Commission must be informed quickly
1418/76 of 21 June 1976 on the common organiza­
tion of the market in rice ( J ), as amended by Regula­          of the tenders submitted in response to the invitation
tion (EEC) No 1158 /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 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 40 000 tonnes of                   Article 3 thereof ;
husked long grain rice to the Socialist Republic of
Vietnam under its 1977/78 food-aid programme ;                   Whereas the measures provided for in this Regulation
                                                                  are in accordance with the opinion of the Manage­
Whereas pursuant to Article 3 (3) of Council Regula­              ment Committee for Cereals,
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 Haiphong, that is
at the moment when the goods are actually placed on
the dock or in the lighter where applicable ;                                                 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            Socialist Republic of Vietnam by way of Community
conditions is not guaranteed by the application of                food-aid action , of 40 000 tonnes of husked long grain
                                                                  rice .
exchange rates applicable in the framework of the
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 four lots of 10 000 tonnes each .
tion as regards different offers ;
                                                                  The products shall be mobilized on the Community
Whereas the award under the invitation to tender                  market .
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
complete the operation in question within the time                3 . The invitation to tender provided for in para­
limits specified, it must be made clear who is to bear            graph 1 is for supply of products delivered Haiphong,
the liability for any resulting costs ;                           that is at the moment when the goods are actually
                                                                  placed on the dock or in the lighter where applicable.
(') 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--- 23 . 3 . 78                        Official Journal of the European Communities                          No L 79/31
4.    The successful tenderer shall deliver the product                                Article 5
specified in paragraph 1 in new jute sacks of a net
capacity of 50 kilograms.                                     1 . The successful tenderer shall give security of a
                                                             value of 10 units of account per tonne ; the security is
Minimum weight of the sacks shall be 600 grams. The          intended to guarantee that the operations specified in
following shall be printed on the sacks :                    Article 1 are duly completed. The security shall be
                                                              forfeit if those operations are not carried out within
'Riz décortiqué/Don de la Communauté économique
                                                             the prescribed time limit, save as regards quantities
européenne au Viêt-nam/À distribuer gratuitement'.           not delivered owing to force majeure.
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty            2. The security provided for in paragraph 1 may be
sacks, of the same quality as those containing the           given in the form of a cash deposit or of a guarantee
goods but with the printing followed by a capital            issued by a credit institution conforming to the
letter 'R\                                                   criteria laid down by the Member State.
                                                                                       Article 6
                        Article 2
 1.    The decision on tenders received in response to       The husked long grain rice referred to in Article 1 to
the invitation provided for in Article 1 shall be taken      be supplied to the Socialist Republic of Vietnam must
on 10 April 1978 .                                            meet the following requirements :
                                                             (a) rice, free of odour, of a sound and fair marketable
2. The closing date for the submission of tenders
                                                                   quality ;
shall be 10 April 1978 at 12 noon .
                                                             (b) moisture content : 1 5 % ;
3.     The   notice of invitation to tender shall be
published in the Official Journal of the European            (c) percentage of rice grains which are not of unim­
 Communities, not less than nine days before the                   paired quality :
closing date for the submission of tenders.                        — paddy grains : 1 % ,
                                                                   — broken rice : 5 % ,
                        Article 3
                                                                   — green grains or grains showing natural malfor­
 1 . The prices offered must be expressed in the                       mation 5 % (including up to 0-5 % of red
currency of the Member State in which the invitation                   grains) ;
to tender was issued .
                                                              (d) tolerance of extraneous matter, consisting of :
2. For the purpose of rendering the tenders compar­                — mineral or vegetable inedible substances
able, the prices shall, where appropriate, be corrected                provided that they are not toxic 0-01 % ,
by the accession compensatory amount applicable on                 — extraneous grains or parts thereof, edible
the closing date for submission of tenders to exports                  0-10 % ;
from the Member State mentioned in the tender.
                                                              (e) when wholly milled, percentage of wholly milled
3.     The rates used for converting into units of                 rice grains which are not of unimpaired quality :
account those offers made in national currencies shall
be :                                                               —   chalky grains : 5 % ,
— the      central rate  in cases   where   the  relevant
                                                                   —   spotted grains : 1-5 % ,
     currency is held at any given moment within a                 —   yellow grains : 0-05 % ,
     band of 2-25 % ,                                              —   stained grains : maximum 1 % ,
— in other cases, the average spot exchange rate                   —   amber grains : 0-20 % .
     during the period from Wednesday of one week to
     Tuesday of the following week and which immedi­          Rice not meeting these requirements shall be refused.
     ately precedes the time limit for the submission of
     offers.
                                                                                       Article 7
                        Article 4                              1 . The Italian intervention agency shall be respon­
                                                              sible for the operations relating to the invitation to
The contract shall be awarded to the tenderer offering        tender provided for by this Regulation .
the best terms.
                                                              2.     It shall forthwith communicate to the Commis­
 However, if the tenders submitted do not appear to           sion the list of firms which have responded to the invi­
correspond to normal market prices and costs, the             tation to tender, specifying the terms of each tender,
intervention agency may cancel the invitation to              together with the name and business name of the
 tender.                                                      successful tenderer.
 ---pagebreak--- No L 79 /32                       Official Journal of the European Communities                               23 . 3 . 78
3. Where the customs export formalities for the              (c) all possible contingencies which might occur
mobilized product are completed in a Member State                during transportation of the products.
other than that in which the invitation to tender is
issued, the intervention agency of the latter Member         The intervention agency shall transmit the informa­
State shall be responsible for the operations following      tion provided for to the Commission as soon as it is
tendering, including payment to the successful               received .
tenderer.
                                                             5. When the intervention agency responsible for
In such case, the intervention agency choosing the           the operations relating to tendering is not the interven­
successful tenderer shall immediately inform the inter­      tion agency which appoints the successful tenderer, it
vention agency of the Member State concerned and             shall send as soon as possible to the latter the informa­
shall supply it with all the information which it may        tion necessary for releasing the security.
require.
Furthermore , the amount of the successful tender                                     Article 8
shall be paid after it has been converted using the
average of the spot rates referred to in the second          As regards this tender, the intervention agency is auth­
subparagraph of Article 3 (3) to the tenderer in the         orized to make an initial payment of 80 % of the
currency of the Member State in which the operations         value of the quantity given in the bill of lading, on
relating to the tendering are completed.                     presentation of that document and subject to the
4. The intervention agency shall ask that the                taking of a security for an amount equal to the initial
tenderer specifies the following information :               payment.
(a) after each shipment, a statement giving details of
    the quantities loaded, the quality of the products                                Article 9
    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, 22 March 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President