CELEX: 31979R1332
Language: en
Date: 1979-06-29 00:00:00
Title: Commission Regulation (EEC) No 1332/79 of 29 June 1979 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the League of Red Cross Societies

No L 162/ 94                           Official Journal of the European Communities                            30 . 6 . 79
                                    COMMISSION REGULATION ( EEC) No 1332/79
                                                         of 29 June 1979
               opening an invitation to tender for the mobilization of milled long grain rice as
                                     food aid for the League of Red Cross Societies
 THE COMMISSION OF THE EUROPEAN                                    Whereas, should force majeure make it impossible to
 COMMUNITIES ,                                                     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 the Treaty establishing the European
 Economic Community,
                                                                   Whereas provision should be made for security to be
                                                                   given for the purpose of guaranteeing that the obliga­
 Having regard to Council Regulation ( EEC) No                     tions arising by virtue of participation in the invita­
  1418 /76 of 21 June 1976 on the common organiza­                 tion to tender will be fulfilled ;
 tion of the market in rice ('), as amended by Regula­
 tion ( EEC) No 1 260/78 (2),
                                                                   Whereas the Italian intervention agency should be
                                                                   made responsible for the tendering procedure in ques­
 Having regard to Council Regulation ( EEC) No                     tion ;
 2750/ 75 of 29 October 1975 laying down the condi­
 tions for the mobilization of cereals as food aid (3), and        Whereas the Commission must be informed quickly
 in particular Article 6 thereof,                                  of the tenders submitted in response to the invitation
                                                                   and of those accepted by the intervention agency ;
 Having regard to the opinion of the Monetary
 Committee ,                                                       Whereas Council Regulation (EEC) No 652/79 of 29
                                                                   March 1 979 (4) laid down the coefficient for
 Whereas on 8 May 1979 the Council of the European
                                                                   expressing amounts, fixed in units of account, in
                                                                   ECU ;
 Communities declared that it proposed , by way of
 Community action , to grant the equivalent of 280
 tonnes of husked rice (in other words 193 tonnes of               Whereas the measures provided for in this Regulation
 milled long grain rice) to the League of Red Cross                are in accordance with the opinion of the Manage­
 Societies under its 1978 /79 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 to the dock or in the                                           Article 1
 lighter where applicable at the port of unloading ;
                                                                   1 . Tenders are hereby invited for the supply to the
 Whereas in view of the different monetary circum­                 League of Red Cross Societies, by way of Community
 stances in the Member States, the observation of these
                                                                   food-aid action , of 193 tonnes of milled long grain
 conditions is not guaranteed by the application of                rice .
 exchange rates applicable in the framework of the
 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 one lot. The product shall be mobilized on the
 tion as regards different offers ;                                Community market. The products shall be loaded for
                                                                   departure from any Community port .
Whereas the award 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 products to the dock, or in
(') OJ No L 166 , 25 . 6 . 1976 , p. 1 .                           the lighter where applicable, in the port of Suva .
I1) OJ No L 156, 14. 6. 1978, p. 1 1 .
 3 OJ No L 281 , 1 . 11 . 1975, p. 89 .                            C ) OJ No L 84, 4 . 4. 1979 , p. 1 .
 ---pagebreak--- 30 . 6. 79                            Official Journal of the European Communities                        No L 162/ 95
4. The successful tenderer shall deliver the product            to guarantee that the opeations specified in Article 1
specified in paragraph 1 in new jute sacks lined with           are duly completed . The security shall be forfeit if
cotton sacks of a net capacity 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.
'Milled rice / Gift of the European Economic Commu­
nity to Fiji / For free distribution / Suva.'                   2. The security provided for in paragraph 1 may be
                                                                given in the form of a cash deposit or of a guarantee
To allow for the possibility of re-bagging, the                 issued by a credit institution conforming to the
successful tender 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
letter ' R '.                                                                            Article 6
                           Article 2
                                                                 1 . The milled long grain rice referred to in Article
                                                                 1 must meet the following requirements :
 1.    The decision on tenders received in response to          — moisture : 15% ,
the invitation provided for in Article 1 shall be taken         — broken rice : 5 % maximum ,
on 13 July 1979 .                                               —    chalky grains : 5 % maximum ,
                                                                —    grains striated with red : 3 % maximum ,
2. The closing date for the submission of tenders
                                                                —    spotted grains : 1-5% maximum ,
shall be 13 July 1979 at 12 noon .
                                                                —    stained grains : 1 % maximum ,
3.     The     notice   of invitation  to  tender  shall  be    —    yellow grains : 0 050 % maximum ,
published in the Official Journal of the European               —    amber grains : 0 20 % maximum .
Communities, not less than nine days before the
closing date for the submision of tenders.                      Rice not meeting these requirements shall be refused .
                                                                2. Tenders for supply of the milled long grain rice
                           Article 3                            referred to in Article 1 must relate to a product with
                                                                the following characteristics :
1 . The prices offered must be expressed in the
currency of the Member State in which the invitation            — moisture : 15% ,
to tender was issued .                                          — broken rice : 5 % maximum ,
                                                                —    chalky grains : 5 % maximum ,
2.     The rates used for converting into units of              —    grains striated with red : 3 % maximum ,
account those offers made in national currencies shall
                                                                —    spotted grains : 1-5% maximum ,
be :
                                                                —    stained grains : 1 % maximum ,
— the       central   rate in   cases where    the  relevant    —    yellow grains : 0 050 % maximum ,
     currency is held at any given moment within a              —    amber grains : 0-20 % maximum .
     band of 2-25 % ,
— in other cases, the average spot exchange rate                                         Article 7
     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         1 . The Italian intervention agency shall be respon­
     tenders .                                                  sible for the operations relating to the invitation to
                                                                tender provided for by this Regulation .
                           Article 4                            2.     It shall forthwith communicate to the Commis­
                                                                sion the list of firms which have responded to the invi­
The contract shall be awarded to the tenderer offering          tation to tender, specifying the terms of each tender
the best terms .
                                                                together with the name and business name of the
                                                                successful tenderer.
However, if the tenders submitted do not appear to
reflect normal market prices and costs, the interven­
tion agency may cancel the invitation to tender.                3.     Where the customs export formalities for the
                                                                mobilized product are completed in a Member State
                                                                other than that in which the invitation to tender is
                           Article 5                            issued, the intervention agency of the latter Member
                                                                State shall be responsible for the operations following
1.     The successful tenderer shall give security of a         tendering, including payment to the successful
value of 12 ECU per tonne ; the security is intended            tenderer .
 ---pagebreak--- No L 162/ 96                      Official Journal of the European Communities                               30 . 6 . 79
In such case, the intervention agency choosing the           The intervention agency shall transmit the informa­
successful tenderer shall immediately inform the inter­      tion provided for to the Commission as soon as it is
vention agency of the Member State concerned and             received .
shall supply it with all the information which it may
require .                                                    5 . When the intervention agency responsible for
                                                             the operations relating to tendering is not the interven­
Furthermore, the amount of the successful tender             tion agency which appoints the successful tenderer, it
shall be paid after it has been converted using the          shall send as soon as possible to the latter the informa­
average of the spot rates referred to in the second          tion necessary for releasing the security .
subparagraph of Article 3 (2) to the tenderer in the
currency of the Member State in which the operations                                  Article 8
relating to the tendering are completed .
                                                             As regards this tender the intervention agency is auth­
4. The intervention agency shall ask that the                orized to make an initial payment of 80 % of the
tenderer specifies the following information :               value of the quantity given in the bill of lading, an
(a) after each shipment, a statement giving details of       presentation of that document and subject to the
    the quantities loaded, the quality of the products       taking of a security for an amount equal to the initial
    and their packaging ;                                    payment .
(b) the date of the departure of the ships ; the
                                                                                      Article 9
    expected date of arrival of the products at their
    destination ;                                            This Regulation shall enter into force on the day of its
(c) all possible contingencies which might occur             publication in the Official Journal of the European
    during transportation of the products.                   Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 29 June 1979 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President