CELEX: 31978R2344
Language: en
Date: 1978-10-06 00:00:00
Title: Commission Regulation (EEC) No 2344/78 of 6 October 1978 opening a new invitation to tender for the mobilization of semi-milled long grain rice as food aid for the United Nations High Commission for Refugees

7. 10 . 78                              Official Journal of the European Communities                         No L 282/ 15
                                   COMMISSION REGULATION (EEC) No 2344/78
                                                      of 6 October 1978
              opening a new 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 the award under the invitation to tender
COMMUNITIES,                                                      must be made to the tenderer offering the best terms ;
Having regard to the Treaty establishing the European             Whereas, should force majeure make it impossible to
Economic Community,                                               complete the operation in question within the time
                                                                  limits specified, it must be made clear who is to bear
                                                                   the liability for any resulting costs ;
Having regard to Council Regulation (EEC) No
1418/76 of 21 June 1976 on the common organiza­
tion of the market in rice ( J ), as amended by Regula­           Whereas provision should be made for security to be
tion (EEC) No 1260/78 (2),                                        given to guarantee fulfilment of the obligations arising
                                                                   by virtue of participation in the invitation to tender ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                  Whereas the Italian intervention agency should be
tions for the mobilization of cereals as food aid (3), and         made responsible for the tendering procedure ;
in particular Article 6 thereof,
                                                                   Whereas the Commission must be informed quickly
Whereas on 30 January 1978 the Council of the Euro­                of the tenders submitted in response to the invitation
pean Communities declared that it proposed, by way                 and of those accepted by the intervention agency ;
of Community action, to grant the equivalent of 1 250
tonnes of husked rice (in other words, 925 tonnes of               Whereas the Monetary Committee will be consulted ;
semi-milled long grain rice) to the United Nations                 whereas, in view of the urgency, the measures envis­
High Commission for Refugees under its 1977/78                     aged should be adopted in accordance with the condi­
food-aid programme ;                                               tions laid down in Article 3 (2) of Council Regulation
                                                                   No 129 on the value of the unit of account and the
Whereas pursuant to Article 3 (3) of Council Regula­               exchange rates to be applied for the purposes of the
tion (EEC) No 2750/75 the goods may be purchased                   common agricultural policy (5), as last amended by
anywhere on the Community market ;                                 Regulation (EEC) No 2543/73 (6), and in particular
                                                                   Article 3 thereof ;
Whereas the invitation to tender opened in the
Community under Commission Regulation (EEC) No                     Whereas the measures provided for in this Regulation
 1799/78 of 28 July 1978 opening an invitation to                  are in accordance with the opinion of the Manage­
tender for the mobilization of semi-milled long grain              ment Committee for Cereals,
rice as food aid for the United Nations High Commis­
sion for Refugees (4) was not allocated ; whereas a new
invitation to tender should therefore be opened ;
                                                                   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
it is advisable to take account of the monetary situa­             2. The tendering procedure shall take place in Italy
tion as regards different offers ;                                 in one lot. The product shall be mobilized on the
                                                                   Community market. The product shall be loaded for
(») OJ  No L  166, 25. 6.   1976, p. 1.                            departure from any Community port.
(2) OJ  No L  156, 14. 6.   1978, p. 11 .
(>) OJ  No L 281 , 1 . 11 . 1975, p. 89.                           (») OJ No 106, 30. 10. 1962, p. 2553/62.
(4) OJ  No L 205,  29. 7.   1978, p. 52.                           (') OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- No L 282/ 16                        Official Journal of the European Communities                             7. 10 . 78
3.     The invitation to tender provided for in para­                                    Article 5
graph 1 is for supply of the products delivered to
Vientiane via Bangkok.                                         1 . The successful tenderer shall give security of a
                                                              value of 10 units of account per tonne ; the security }s
4.     The successful tenderer shall deliver the product      intended to guarantee that the operations specified in
specified in paragraph 1 in new jute sacks lined with         Article 1 are duly completed. The security shall be
cotton sacks of a net capacity of 50 kilgorams.                forfeit if those operations are not carried out within
                                                               the prescribed time limit, save as regards quantities
The following shall be printed on the sacks :                  not delivered owing to force majeure.
'Riz semi-blanchi / Don de la Communauté écono­
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 2                             Article 1 to be supplied to the United Nations High
                                                               Commission for Refugees must meet the following
 1 . The decision on tenders received in response to           requirements :
the invitation provided for in Article 1 shall be taken
on 23 October 1978 .                                           — moisture : 15% ,
                                                               — broken rice : 5 % maximum,
2.      The closing date for the submission of tenders         —    chalky grains : 5 % maximum,
shall be 23 October 1978 at 12 noon .
                                                               —    grains striated with red : 3 % maximum,
 3.     The notice of invitation to tender shall be            —    spotted grains : 1 -5 % maximum,
                                                               —    stained grains : 1 % maximum,
 published in the Official Journal of the European
 Communities not less than nine days before the                —    yellow grains : 0.050 % maximum,
                                                               —    amber grains : 0.20 % maximum.
closing date for the submission of tenders.
                                                               Rice not meeting these requirements shall be refused.
                         Article 3
                                                               2. Tenders for supply to the United Nations High
 1 . The prices offered must be expressed in the               Commission for Refugees of the semi-milled long
 currency of the Member State in which the invitation          grain rice referred to in Article 1 must relate to a
 to tender was issued .
                                                               product with the following characteristics :
 2.     The rates used for converting into units of            — moisture : 15% ,
 account those offers made in national currencies shall
                                                               — broken rice : 5 % maximum,
 be :
                                                               —    chalky grains : 5 % maximum,
— the       central rate  in  cases  where    the relevant     —    grains striated with red : 3 % maximum,
      currency is held at any given moment within a            —    spotted grains : 1.5% maximum,
      band of 2.25 % ,                                         —    stained grains : 1 % maximum,
                                                               —    yellow grains : 0 050 % maximum,
 — in other cases, the average spot exchange rate
                                                               —    amber grains : 0.20 % maximum.
      during the period from Wednesday of one week to
      Tuesday of the following week and which immedi­
      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---  7. 10 . 78                       Official Journal of the European Communities                          No L 282/ 17
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 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 (2) 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, 6 October 1978 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President