CELEX: 31978R1661
Language: en
Date: 1978-07-14 00:00:00
Title: Commission Regulation (EEC) No 1661/78 of 14 July 1978 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the Comoros

15. 7. 78                             Official Journal of the European Communities                          No L 192/39
                                  COMMISSION REGULATION (EEC) No 1661 /78
                                                      of 14 July 1978
              opening an invitation to tender for the mobilization of milled long grain rice as
                                                food aid for the Comoros
THE COMMISSION OF THE EUROPEAN                                   tions arising by virtue of participation in the invita­
COMMUNITIES,                                                     tion to tender for supplies to the Comoros will be
                                                                 fulfilled ;
Having regard to the Treaty establishing the European
Economic Community,                                             Whereas the Italian intervention agency should be
                                                                 made responsible for the tendering procedure in ques­
Having regard to Council Regulation (EEC) No                     tion ;
1418/76 of 21 June 1976 on the common organiza­
tion of the market in rice ('), as amended by Regula­            Whereas the Commission must be informed quickly
tion (EEC) No 1260/78 (2),                                       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               Whereas the Monetary Committee will be consulted ;
tions for the mobilization of cereals as food aid (3), and       whereas, in view of the urgency, the measures envis­
in particular Article 6 thereof,                                 aged should be adopted in accordance with the condi­
                                                                 tions laid down in Article 3 (2) of Council Regulation
Whereas on 30 January 1978 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 1 012 tonnes of milled             common agricultural policy (4), as last amended by
long grain rice to the Comoros under its 1977/78                 Regulation (EEC) No 2543/73 (5), and in particular
food-aid programme ;                                             Article 3 thereof ;
Whereas pursuant to Article 3 (3) of Council Regula­             Whereas the measures provided for in this Regulation
tion (EEC) No 2750/75 the goods may be purchased                 are in accordance with the opinion of the Manage­
anywhere on the Community market ;                               ment Committee for Cereals,
Whereas the proposed invitation to tender should be
for supply of the products to the dock or in the
lighter where applicable at the port of unloading ;
                                                                 HAS ADOPTED THIS REGULATION :
Whereas in view of the different monetary circum­
stances in the Member States, the observation of these
conditions is not guaranteed by the application of                                          Article 1
exchange rates applicable in the framework of the
common agricultural policy since monetary compensa­              1 . Tenders are hereby invited for the supply to the
tory amounts do not apply in the rice sector ; whereas           Comoros, by way of Community food-aid action, of
it is advisable to take account of the monetary situa­           1 012 tonnes of milled long grain rice.
tion as regards different offers ;
Whereas the award under the invitation to tender                 2. The tendering procedure shall take place in Italy
                                                                 in two lots. The products shall be mobilized on the
must be made to the tenderer offering the best terms ;
                                                                 Community market. The products shall be loaded for
                                                                 departure from any Community port.
Whereas, should force majeure make it impossible to
complete the operation in question within the time
limits specified, it must be made clear who is to bear           3. The invitation to tender provided for in para­
the liability for any resulting costs ;                          graph 1 is for supply of products to the dock, or in
                                                                 the lighter where applicable, in the ports of :
Whereas provision should be made for security to be              — Moroni (Lot 1 — 500 tonnes),
given for the purpose of guaranteeing that the obliga­
                                                                 — Mutsamudu (Lot 2 — 512 tonnes).
(1) OJ No L 166, 25. 6. 1976, p. 1 .
(2) OJ No L 156, 14. 6. 1978, p. 11 .                            (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 192/40                           Official Journal of the European Communities                             15. 7. 78
4.     The      successful   tenderer   shall   deliver   the    forfeit if those operations are not carried out within
products specified in paragraph 1 in new jute sacks of          the prescribed time limit, save as regards quantities
a net capacity of 50 kilograms.                                  not delivered owing to force majeure.
Minimum weight of the sacks shall be 600 grams. The              2. The security provided for in paragraph 1 may be
following shall be printed on the sacks :                       given in the form of a cash deposit or of a guarantee
'Riz / Don de la Communauté économique euro­                     issued by a credit institution conforming to the
péenne aux Comores'.                                            criteria laid down by the Member State .
To allow for the possibility of re-bagging, the                                           Article 6
successful tenderer shall supply 2 % of new empty
sacks, of the same quality as those containing the               1 . The milled long grain rice referred to in Article
goods but with the printing followed by a capital                1 to be supplied to the Comoros must meet the
letter ' R'.                                                     following requirements :
                                                                — moisture : 15% ,
                           Article 2                            — broken rice : 35 % maximum,
                                                                —    chalky grains : 5 % maximum,
1 . The decision on tenders received in response to
                                                                —    grains striated with red : 3 % maximum,
the invitation provided for in Article 1 shall be taken         —    spotted grains : 1-5% maximum,
on 31 July 1978 .                                               —    stained grains : 1 % maximum,
2. The closing date for the submission of tenders               —    yellow grains : 0-050 % maximum,
shall be 31 July 1978 , at 12 noon .                            —    amber grains : 0-20 % maximum .
3.     The     notice   of invitation  to  tender   shall  be    Rice not meeting these requirements shall be refused.
published in the Official Journal of the European
Communities, not less than nine days before the
                                                                2. Tenders for supply to the Comoros of the milled
                                                                long grain rice referred to in Article 1 must relate to a
closing date for the submission of tenders.
                                                                product with the following characteristics :
                           Article 3                            — moisture : 15% ,
                                                                — broken rice : 35 % 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 :
— the      central    rate in   cases where    the   relevant                             Article 7
     currency is held at any given moment within a
     band of 2-25 % ,                                            1 . The Italian intervention agency shall be respon­
— in other cases, the average spot exchange rate                sible for the operations relating to the invitation to
     during the period from Wednesday of one week to            tender provided for by this Regulation .
     Tuesday of the following week and which immedi­            2.     It shall forthwith communicate to the Commis­
     ately precedes the time limit for the submission of
     tenders .                                                  sion the list of firms which have responded to the invi­
                                                                tation to tender, specifying the terms of each tender
                                                                together with the name and business name of the
                           Article 4                            successful tenderer.
The contract shall be awarded to the tenderer offering          3. Where the customs export formalities for the
the best terms .                                                 mobilized product are completed in a Member State
                                                                other than that in which the invitation to tender is
However, if the tenders submitted do not appear to              issued, the intervention agency of the latter Member
reflect normal market prices and costs, the interven­           State shall be responsible for the operations following
tion agency may cancel the invitation to tender.                tendering, including payment to the successful
                                                                tenderer.
                           Article 5
                                                                 In such case, the intervention agency choosing the
1 . The successful tenderer shall give security of a            successful tenderer shall immediately inform the inter­
value of 10 units of account per tonne ; the security is        vention agency of the Member State concerned and
intended to guarantee that the operations specified in          shall supply it with all the information which it may
Article 1 are duly completed. The security shall be             require.
 ---pagebreak--- 15. 7. 78                        Official Journal of the European Communities                           No L 192/41
Furthermore, the amount of the successful tender             5. When the intervention agency responsible for
shall be paid after it has been converted using the          the operations relating to tendering is not the interven­
average of the spot rates referred to in the second          tion agency which appoints the successful tenderer, it
subparagraph of Article 3 (2) to the tenderer in the         shall send as soon as possible to the latter the informa­
currency of the Member State in which the operations         tion necessary for releasing the security.
relating to the tendering are completed.
4. The intervention agency shall ask that the                                        Article 8
tenderer specifies the following information :
                                                             As regards this tender, the intervention agency is auth­
(a) after each shipment, a statement giving details of
                                                             orized to make an initial payment of 80 % of the
    the quantities loaded, the quality of the products
                                                             value of the quantity given in the bill of lading, on
    and their packaging ;                                    presentation of that document and subject to the
(b) the date of the departure of the ships ; the             taking of a security for an amount equal to the initial
    expected date of arrival of the products at their        payment.
    destination ;
(c) all possible contingencies which might occur
                                                                                     Article 9
    during transportation of the products.
The intervention agency shall transmit the informa­          This Regulation shall enter into force on the day of its
tion provided for to the Commission as soon as it is         publication in the Official Journal of the European
received.                                                    Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 14 July 1978 .
                                                                      For the Commission
                                                                       Finn GUNDELACH
                                                                          Vice-President