CELEX: 31978R1203
Language: en
Date: 1978-06-02 00:00:00
Title: Commission Regulation (EEC) No 1203/78 of 2 June 1978 opening an invitation to tender for the mobilization of round grain milled rice as food aid for the Republic of Liberia

L 147/ 12                       Official Journal of the European Communities                                3 . 6 . 78
                                  COMMISSION REGULATION ( EEC) No 1203/78
                                                      of 2 June 1978
              opening an invitation to tender for the mobilization of round grain milled rice
                                          as food aid for the Republic of Liberia
   HE COMMISSION OF THE EUROPEAN                                Whereas provision should be made for security to be
   IMMUNITIES,                                                  given for the purpose of guaranteeing that the obliga­
                                                                 tions arising by virtue of participation in the invita­
  iaving regard to the Treaty establishing the European          tion to tender will be fulfilled ;
 Economic Community,
                                                                 Whereas the Italian intervention agency should be
Having regard to Council Regulation (EEC) No                     made responsible for the tendering procedure in ques­
                                                                 tion ;
1418/76 of 21 June 1976 on the common organiza­
tion of the market in rice ('), as last amended by Regu­
lation (EEC) No 11 26/78 (2),                                    Whereas the Commission must be informed quickly
                                                                 of the tenders submitted in response to the invitation
                                                                 and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and       Whereas the Monetary Committee will be consulted ;
in particular Article 6 thereof,                                 whereas, in view of the urgency, the measures envis­
                                                                 aged should be adopted in accordance with the condi­
                                                                 tions laid down in Article 3 (2) of Council Regulation
Whereas on 8 February 1977 the Council of the Euro­              No 129 on the value of the unit of account and the
pean Communities declared that it proposed, by way               exchange rates to be applied for the purposes of the
of Community action, to grant the equivalent of 1 500            common agricultural policy (4), as last amended by
tonnes of husked rice (in other words, 1 162 tonnes of           Regulation (EEC) No 2543/73 (5), and in particular
round grain milled rice) to the Republic of Liberia              Article 3 thereof ;
under its 1976/77 food-aid programme ;                *
                                                                 Whereas the measures provided for in this Regulation
Whereas pursuant to Article 3 (3) of Council Regula­             are in accordance with the opinion of the Manage­
tion (EEC) No 2750/75 the goods may be purchased                  ment Committee for Cereals,
anywhere on the Community market ;
Whereas tenders should be invited for the supply of
the product to the port of shipment in the vicinity of            HAS ADOPTED THIS REGULATION :
the vessel, the goods to be set down at the place nomi­
nated by the r« Jpient or its agent ;
                                                                                           Article 1
Whereas, in view of the different monetary circum­
stances in the Member States, the observation of these            1 . Tenders are hereby invited for the supply to the
conditions is not guaranteed by the application of                Republic of Liberia, by way of Community food-aid
exchange rates applicable in the framework of the                 action , of 1 162 tonnes of round grain milled 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 three lots. The product shall be mobilized on the
tion as regards different offers ;                                Community market. Loading shall be carried out in a
                                                                  Community port.
Whereas the award under the invitation to tender
 must ^e made to the tenderer offering the best terms ;           3 . The product referred to in paragraph 1 is to be
                                                                  delivered in new jute sacks of a net capacity of 50 kilo­
Whereas, should force majeure make it impossible to               grams to the port of shipment in the vicinity of the
 complete the operation in question within the time               vessel . The goods must be set down at the place nomi­
 limits specified, it must be made clear who is to bear           nated by the recipient country or its agent, the timing
the liability for any resulting costs ;                           of delivery being settled by the tenderer and the recip­
                                                                  ient country's agent.
(!) OJ No L 166, 25 . 6 . 1976, p. 1 .
(2 ) OJ No L 142, 30 . 5 . 1978 , p. 23 .                         (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--- 3 . 6. 78                           Official Journal of the European Communities                           No L 147/ 13
Minimum weight of the sacks shall be 600 grams. The            availability of the vessels to be used for sea transporta­
following shall be printed on the sacks :                      tion, the resulting costs shall be borne by the interven­
                                                               tion agency.
'Rice/Gift of the European Economic Community to
Liberia/ For free distribution '.
                                                                                         Article 6
To allow for the possibility of re-bagging the
successful tenderer shall supply 2 % of new empty              1 . The successful tenderer shall give security of f
sacks, of the same quality as those containing the             value of 10 units of account per tonne ; the security is
goods but with the printing followed by a capital              intended to guarantee that the operations specified in
letter 'R\
                                                               Article 1 are duly completed . The security shall be
                                                               forfeit if those operations are not carried out within
                         Article 2                             the prescribed time limit, save as regards quantities
                                                               not delivered owing to force majeure.
 1.     The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken        2. The security provided for in paragraph 1 may be
on 19 June 1978 .                                              given in the form of a cash deposit or of a guarantee
                                                               issued by a credit institution conforming to the
2. The closing date for the submission of tenders              criteria laid down by the Member State .
shall be 19 June 1978 at 12 noon .
3.      The   notice of invitation   to tender shall    be                               A rticle 7
published in the Official Journal of the European
 Communities not less than nine days before the                 1 . The round grain milled rice referred to in Article
closing date for the submission of tenders.                     1 to be supplied to the Republic of Liberia must meet
                                                               the following requirements :
                         Article 3                             — moisture : 15 % ,
                                                               — broken rice : 5 % maximum,
 1 . The prices offered must be expressed in the               —    chalky grains : 5 % maximum,
 currency of the Member State in which the invitation          —    grains striated with red : 3 % maximum,
 to tender was issued .                                        —    spotted grains : 1 -5 % maximum ,
                                                               —    stained grains : 1 % maximum ,
 2.     The rates used for converting into units of            —    yellow grains : 0-050 % maximum,
 account those offers made in national currencies shall        —    amber grains : 0-20 % maximum .
 be :
                                                               Rice not meeting these requirements shall be refused.
— the       central rate  in  cases  where   the  relevant
      currency is held at any given moment within a            2. Tenders for supply to the Republic of Liberia of
      band of 2-25 % ,                                         the round grain milled rice referred to in Article 1
 — in other cases, the average spot exchange rate              must relate to a product with the following characteris­
                                                               tics :
      during the period from Wednesday of one week to
      Tuesday of the following week and which immedi­          — moisture : 15 % ,
      ately precedes the time limit for the submission of      — broken rice : 5 % maximum,
      tenders .
                                                               —    chalky grains : 5 % maximum,
                                                               —    grains striated with red : 3 % maximum,
                         Article 4                             —    spotted grains : 1 -5 % maximum,
                                                               —    stained grains : 1 % maximum,
The contract shall be awarded to the tenderer offering         —    yellow grains : 0-050 % maximum,
 the best terms.                                               —    amber grains : 0-20 % maximum .
                                                                                         Article 8
 However, if the tenders submitted do not appear to
 correspond to normal market prices and costs, the
 intervention agency may cancel the invitation to               1 . The Italian intervention agency shall be respon­
 tender.                                                       sible for the operations relating to the invitation to
                                                                tender provided for by this Regulation .
                          Article 5                             2.    It shall forthwith communicate to the Commis­
                                                               sion the list of firms which have responded to the invi­
 If the tenderer is unable to deliver the goods in             tation to tender, specifying the terms of each tender,
 compliance with Article 1 (3) on the date given in the         together with the name and business name of the
 notice of invitation to tender as a result of the late        successful tenderer.
 ---pagebreak--- No L 147/ 14                        Official Journal of the European Communities                               3 . 6 . 78
3 . Where the customs export formalities for the              (b) the date of departure of the vessels.
mobilized product are completed in a Member State             The information indicated above shall be forwarded
other than that in which the invitation to tender is
issued, the intervention agency of the latter Member          by the intervention agency to the Commission imme­
State shall be responsible for the operations following       diately upon receipt.
tendering, including payment to the successful                 5. When the intervention agency responsible for
tenderer.                                                     the operations relating to tendering is not the interven­
                                                              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 9
require.
                                                              On delivery of the goods at the port of shipment, a
Furthermore, the amount of the successful tender
                                                              handing-over certificate shall be supplied to the
shall be paid after it has been converted using the           successful tenderer, acting as agent for the Commu­
average of the spot rates referred to in the second           nity, by the agent of the recipient country or, in the
subparagraph of Article 3 (2) to the tenderer in the          absence of the latter, by the intervention agency of the
currency of the Member State in which the operations          Member State in whose territory the port of shipment
relating to the tendering are completed.                      is situated.
4. The intervention agency shall request the
successful tenderer to supply the following informa­                                  Article 10
tion :
                                                              This Regulation shall enter into force on the day of its
(a) after each shipment, a certificate showing the quan­      publication in the Official Journal of the European
    tities dispatched and the quality of the products ;        Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 2 June 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President