CELEX: 31978R0336
Language: en
Date: 1978-02-17
Title: Commission Regulation (EEC) No 336/78 of 17 February 1978 opening an invitation  to tender for the mobilization of long grain milled rice as food aid for the Republic of Chad

18 . 2. 78                               Official Journal of the European Communities                              No L 47/29
                                        COMMISSION REGULATION ( EEC) No 336/78
                                                         of 17 February 1978
                opening an invitation to tender for the mobilization of long grain milled rice as
                                                 food aid for the Republic of Chad
  THE COMMISSION OF THE EUROPEAN                                       Whereas the Italian intervention agency should be
  COMMUNITIES,                                                         made responsible for the tendering procedure in ques­
                                                                       tion ;
  Having regard to the Treaty establishing the European
  Economic Community,                                                  Whereas the Commission must be informed quickly
                                                                       of the tenders submitted in response to the invitation
  Having regard to Council Regulation (EEC) No                         and of those accepted by the intervention agency ;
   1418/76 of 21 June 1976 on the common organiza­
  tion of the market in rice ('), as amended by Regula­                Whereas the Monetary Committee will be consulted ;
  tion (EEC) No 11 58 /77 (2),                                         whereas, in view of the urgency, the measures envis­
                                                                       aged should be adopted in accordance with the condi­
  Having regard to Council Regulation (EEC) No
                                                                       tions laid down in Article 3 (2) of Council Regulation
  2750/75 of 29 October 1975 laying down the condi­                    No 129 on the value of the unit of account and the
  tions for the mobilization of cereals as food aid (3), and
  in particular Article 6 thereof,                                     exchange rates to be applied for the purposes of the
                                                                       common agricultural policy (4), as last amended by
  Whereas on 25 March 1976 the Council of the Euro­                    Regulation (EEC) No 2543/73 (5), and in particular
                                                                       Article 3 thereof ;
  pean Communities declared that it proposed, by way
  of Community action , to grant the equivalent of 1 500
  tonnes of husked rice (in other words 1 164 tonnes of                Whereas the measures provided for in this Regulation
  long grain milled rice) to the Republic of Chad under                are in accordance with the opinion of the Manage­
  its 1975/76 food-aid programme ;                                     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 to N'Djamena ;                                             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               Republic of Chad, by way of Community food-aid
 conditions is not guaranteed by the application of                    action , of 1 164 tonnes of long grain milled 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 one lot . The product shall be mobilized on the
 it is advisable to take account of the monetary situa­                Community market. The product shall be loaded for
 tion as regards different offers ;                                    departure from any Community port.
 Whereas the awards under the invitation to tender
 must be made to the tenderer offering the best terms ;                3 . The invitation to tender provided for in para­
                                                                      graph 1 is for supply of the products delivered to
 Whereas, should force majeure make it impossible to                   N'Djamena .
 complete the operation in question within the time
 limits specified, it must be made clear who is to bear               4. The successful tenderer shall deliver the product
 the liability for any resulting costs ;                               specified in paragraph 1 in new jute sacks of a net
                                                                      capacity of 50 kilograms .
 Whereas provision should be made for security to be
given for the purpose of guaranteeing that the obliga­                 Minimum weight of the sacks shall be 600 grams . The
 tions arising by virtue of participation in the invita­               following shall be printed on the sacks :
 tion to tender for supplies to the Republic of Chad
 will be fulfilled ;                                                    Riz blanchi / Don de la Communauté économique
                                                                      européenne à la République du Tchad '.
(') OJ No L 166, 25 . 6 . 1976 , p . 1 .
(-') 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--- No L 47/30                            Official Journal of the European Communities                             18 . 2 . 78
To allow for the possibility of re-bagging, the                  issued by a credit institution conforming to the
successful tenderer shall supply 2 % of new empty               criteria laid down by the Member State.
sacks, of the same quality as those containing the
goods, but with the printing followed by a capital                                        Article 6
letter ' R'.
                                                                 1 . The long grain milled rice referred to in Article
                           Article 2                             1 to be supplied to the Republic of Chad must meet
                                                                 the following requirements :
 1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken         — moisture : 15% ,
on 6 March 1978 .                                               — broken rice : 20 % maximum ,
                                                                —    chalky grains : 5 % maximum ,
2.     The closing date for the submission of tenders           —    grains striated with red : 3 % maximum ,
shall be 6 March 1978 at 12 noon .                              —    spotted grains : 1 -5 % maximum ,
3.     The     notice   of invitation  to  tender  shall  be    —    stained grains : 1 % maximum ,
published in the Official Journal of the European               —    yellow grains : 0-050 % maximum ,
 Communities, not less than nine days before the                —    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 Republic of Chad of
                                                                the long grain milled rice referred to in Article 1 must
 1 . The prices offered must be expressed in the                relate to a product with the following characteristics :
currency of the Member State in which the invitation
to tender was issued .                                          — moisture : 15% ,
                                                                — broken rice : 20 % maximum,
2.     For the purpose of rendering the tenders compar­         —    chalky grains : 5 % maximum ,
able, the prices shall, where appropriate, be corrected         —    grains striated with red : 3 % maximum,
by the accession compensatory amount applicable on              —    spotted grains : 1-5% maximum ,
the closing date for submission of tenders to exports           —    stained grains : 1 % maximum ,
from the Member State mentioned in the tender.                  —    yellow grains : 0 050 % maximum ,
                                                                —    amber grains : 0 20 % maximum .
3.     The rates used for converting into units of
account those offers made in national currencies shall
be :                                                                                      Article 7
— the      central    rate in   cases where    the  relevant     1 . The Italian intervention agency shall be respon­
     currency is held at any given moment within a              sible , for the operations relating to the invitation to
     band of 2-25 % ,                                           tender provided for by this Regulation .
— in other cases, the average spot exchange rate                2.     It shall forthwith communicate to the Commis­
     during the period from Wednesday of one week to
     Tuesday of the following week and which immedi­            sion the list of firms which have responded to the invi­
     ately precedes the time limit for the submission of        tation to tender, specifying the terms of each tender,
     tenders .                                                  together with the name and business name of the
                                                                successful tenderer.
                           Article 4                            3 . Where the customs export formalities for the
The contract shall be awarded to the tenderer offering          mobilized product are completed in a Member State
                                                                other than that in which the invitation to tender is
the best terms .
                                                                issued, the intervention agency of the latter Member
However, if the tenders submitted do not appear to              State shall be responsible for the operations following
reflect normal market prices and costs, the interven­           tendering, including payment to the successful
tion agency may cancel the invitation to tender.                tenderer.
                           Article 5                            In such case, the intervention agency choosing the
                                                                successful tenderer shall immediately inform the inter­
1 . The successful tenderer shall give security of a            vention agency of the Member State concerned and
value of 10 units of account per tonne ; the security is        shall supply it with all the information which it may
intended to guarantee that the operations specified in          require .
Article 1 are duly completed . The security shall be
                                                                Furthermore , the amount of the successful tender
forfeit if those operations are not carried out within
the prescribed time limit, save as regards quantities           shall be paid after it has been converted using the
not delivered owing to force majeure.                           average of the spot rates referred to in the second
                                                                subparagraph of Article 3 (2) to the tenderer in the
2. The security provided for in paragraph 1 may be              currency of the Member State in which the operations
given in the form of a cash deposit or of a guarantee           relating to the tendering are completed .
 ---pagebreak--- 18 . 2. 78                         Official Journal of the European Communities                            No L 47/ 31
4. The intervention agency shall request the                  tion agency which appoints the successful tenderer, it
successful tenderer to supply the following informa­          shall send as soon as possible to the latter the informa-,
tion :                                                        tion necessary for releasing the security.
(a) after each shipment, a statement giving details of
     the quantities loaded, the quality of the products                               Article 8
     and their packaging ;
                                                              As regards this tender, the intervention agency is auth­
(b) the date of the departure of the vessels ; the            orized to make an initial payment of 80 % of the
     expected date of arrival of the products at their        value of the quantity given in the bill of lading, on
     destination ;
                                                              presentation of that document and subject to the
(c) all possible contingencies which might occur              taking of a security for an amount equal to the initial
     during transportation of the products.                   payment.
The information indicated above shall be forwarded
by the intervention agency to the Commission imme­                                    Article 9
diately upon receipt.
                                                              This Regulation shall enter into force on the day of its
5. When the intervention agency responsible for               publication in the Official Journal of the European
the operations relating to tendering is not the interven­     Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 17 February 1978 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President