CELEX: 31979R2477
Language: en
Date: 1979-11-09 00:00:00
Title: Commission Regulation (EEC) No 2477/79 of 9 November 1979 opening an invitation to tender for the mobilization of semi-milled long grain rice as food aid for the United Nations High Commissioner for Refugees

No L 281 /22                              Official Journal of the European Communities                            10 . 11 . 79
                                       COMMISSION REGULATION ( EEC) No 2477/79
                                                         of 9 November 1979
               opening an invitation to tender for the mobilization of semi-milled long grain
                   rice as food aid for the United Nations High Commissioner for Refugees
 THE COMMISSION OF THE EUROPEAN                                       common agricultural policy since monetary compensa­
 COMMUNITIES,                                                          tory amounts do not apply in the rice sector ; whereas
                                                                       it is advisable to take account of the monetary situa­
  Having regard to the Treaty establishing the European                tion as regards different offers ;
  Economic Community,
                                                                      Whereas the award under the invitation to tender
  Having regard to Council Regulation ( EEC) No                        must be made to the tenderer offering the best terms ;
  1418 /76 of 21 June 1976 on the common orgaization
 of the market in rice ('), as amended by Regulation                  Whereas, should force majeure make it impossible to
 (EEC) No 1552/79 0,                                                  complete the operation in question within the time
                                                                      limits specified, it must be made clear who is to bear
 Having regard to Council Regulation (EEC) No                         the liability for any resulting costs ;
 2750/75 of 29 October 1975 laying down the condi­
 tions for the mobilization of cereals as food aid (3), and           Whereas provision should be made for security to be
 in particular Article 6 threof,                                      given to guarantee fulfilment of the obligations arising
                                                                      by virtue of participation in the invitation to tender ;
 Having regard to Council Regulation No 129 on the
 value of the unit of account and the exchange rates to               Whereas the Italian intervention agency should be
 be applied for the purposes of the common agricul­                   made responsible for the tendering procedure ;
 tural policy (4), as last amended by Regulation ( EEC)
 No 2543/73 (5), and in particular Article 3 thereof,
                                                                      Whereas the Commission must be informed quickly
                                                                      of the tenders submitted in response to the invitation
 Having regard to the opinion of the Monetary                         and of those accepted by the intervention agency ;
 Committee ,
                                                                      Whereas the measures provided for in this Regulation
 Whereas on 8 May 1979 the Council of the European                    are in accordance with the opinion of the Manage­
 Communities declared that it proposed, by way of                     ment Committee for Cereals ,
 Community action , to grant the equivalent of 3 650
 tonnes of husked rice (in other words, 2 700 tonnes of
 semi-milled long grain rice) to the United Nations
 High Commissioner for Refugees under its 1978 /79
 food-aid programme ;                                                 HAS ADOPTED THIS REGULATION :
 Whereas pursuant to Article 3 (3) of Council Regula­
 tion ( EEC) No 2750/75 the goods may be purchased
                                                                                               Article 1
 anywhere on the Community market ;
 Whereas the proposed invitation to tender should be                   1 . Tenders are hereby invited for the supply to the
 for supply of the products on the quay or in the                     United Nations High Commissioner for Refugees, by
 lighter where applicable at the port of unloading Ho                 way of Community action , of 2 700 tonnes of semi­
 Chi Minh Ville ;                                                     milled long grain rice .
Whereas, in view of the different monetary circum­                    2. The tendering procedure shall take place in Italy
 stances in the Member States , the observation of these              in one lot. The product shall be mobilized on the
conditions is not guaranteed by the application of                    Community market . The product shall be loaded for
exchange rates applicable in the framework of the                     departure from any Community port.
(')  OJ No  L 166, 25 . 6. 1976, p . 1 .                              3 . The invitation to tender provided for in para­
(2 ) OJ No  L 188 , 26 . 7. 1979 , p. 11 .
  3  OJ No  L 281 , 1 . 11 . 1975, p . 89 .                           graph 1 is for supply of products on the quay or in
(•») OJ No  106, 30 . 10 . 1962, p . 2553/62 .                        the lighter where applicable, in the port of Ho Chi
(5 ) OJ No  L 263 , 19 . 9 . 1973 , p . 1 .                           Minh Ville .
 ---pagebreak---   10 . 11 . 79                        Official Journal of the European Communities                         No L 281 /23
 4. The successful tenderer shall deliver the product            to guarantee that the operations specified in Article 1
 specified in paragraph 1 in new jute sacks lined with           are duly compeleted. The security shall be forfeit if
 cotton sacks of a net capacityy of 50 kilograms.                those operations are not carried out within the pres­
                                                                 cribed time limit, save as regards quantities not deliv­
 The following shall be printed on the sacks :                   ered 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
 pour les réfugiés'.                                             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
                                                                 Commissioner 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         — moisture : 15% ,
on 26 November 1979 .
                                                                — broken rice : 5 % maximum ,
 2.     The closing date for the submission of tenders          — chalky grains : 5 % maximum ,
shall be 26 November 1979 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
 Communities not less than nine days before the                 — stained grains : 1 % maximum,
closing date for the submission oftenders.                      — yellow grains : 0 050 % maximum ,
                                                                — amber grains : 0-20 % maximum .
                           Article 3
                                                                 Rice not meeting these requirements shall be refused .
 1 . The prices offered must be expressed in the
currency of the Member State in which the invitation            2. Tenders for supply to the United Nations High
to tender was issued .
                                                                Commissioner for Refugees of the semi-milled long
2.      The rates used for converting into ECU those            grain rice referred td in Article 1 must relate to a
offers, made in national currencies shall be :                  product with the following characteristics :
— the       central   rate in   cases where    the  relevant    — moisture : 15% ,
      currency is held at any given moment within a             — broken rice : 5 % maximum ,
      band of 2-25 % ,
                                                                —     chalky grains : 5 % maximum ,
— in other cases, the average spot exchange rate
      during the period from Wednesday of one week to           —    grains striated with red : 3 % maximum ,
      Tuesday of the following week and which immedi­           —    spotted grains : 1-5% maximum,
      ately precedes the time limit for the submission of
      offers .                                                 —     stained grains : 1 % maximum ,
                                                                —    yellow grains : 0 050 % maximum,
                           Article 4                            —    amber grains : 0-20 % maximum .
The contract shall be ajvarded to the tenderer offering
the best terms .                                                                         Article 7
However, if the tenders submitted do not appear to               1 . The Italian intervention agency shall be respon­
correspond to normal market prices and costs, the               sible for the operations relating to the invitation to
intervention agency may cancel the invitation to                tender provided for by this Regulation .
tender.
                                                                2.     It shall forthwith communicate to the Commis­
                           Article 5                            sion the list of firms which have responded to the invi­
                                                                tation to tender, specifying the terms of each tender,
1 . The successful tenderer shall give security of a            together with the name and business name of the
value of 1 2 ECU per tonne ; the security is intended           successful tenderer.
 ---pagebreak---  No L 281 /24                     Official Journal of the European Communities                              10 . 11 . 79
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 Article 3 (2) to    As regards this tender, the intervention agency is auth­
the tenderer in the currency of the Member State in          orized to make an initial payment of 80 % of the
which the operations relating to the tendering are           value of the quantity given in the bill of lading, on
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, 9 November 1979 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President