CELEX: 31977R1751
Language: en
Date: 1977-07-29 00:00:00
Title: Commission Regulation (EEC) No 1751/77 of 29 July 1977 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the  Republic of Upper Volta

No L 191 / 62                            Official Journal of the European Communities                             30 . 7. 77
                                    COMMISSION REGULATION (EEC) No 1751 /77
                                                         of 29 July 1977
               opening an invitation to tender for the mobilization of milled long grain rice as
                                           food aid for the Republic of Upper Volta
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 ('),                                     Whereas the Monetary Committee will be consulted ;
                                                                    whereas, in view of the urgency, the measures envis­
Having regard to Council Regulation (EEC) No                        aged should be adopted in accordance with the condi­
2750/75 of 29 October 1975 laying down the condi­                   tions laid down in Article 3 (2) of Council Regulation
tions for the mobilization of cereals as food aid (2), and          No 129 on the value of the unit of account and the
in particular Article 6 thereof,                                    exchange rates to be applied for the purposes of the
                                                                    common agricultural policy (3), as last amended by
Whereas on 25 March 1976 the Council of the Euro­                   Regulation (EEC) No 2543/73 (4), and in particular
pean Communities declared that it proposed, by way                  Article 3 thereof ;
of Community action, to grant the equivalent of 1 000
tonnes of husked rice (in other words, 827 tonnes of                Whereas the measures provided for in this Regulation
milled long grain rice) to the Republic of Upper Volta              are in accordance with the opinion of the Manage­
under 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 Ouagadougou ;                                         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 Upper Volta by way of Community food­
conditions is not guaranteed by the application of                  aid action , of 827 tonnes of milled long grain 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 products shall be loaded for
tion as regards different offers ;                                  departure from any Community port.
Whereas the award under the invitation to tender
                                                                    3 . The invitation to tender provided for in para­
must be made to the tenderer offering the best terms ;              graph 1 is for supply of the products delivered to
                                                                    Ouagadougou .
Whereas, should force majeure make it impossible to
complete the operation in question within the time                  4. The successful tenderer shall deliver the product
 limits specified, it must be made clear who is to bear             specified in paragraph 1 in new jute sacks of a net
 the liability for any resulting costs ;                            capacity of 50 kilograms.
Whereas provision should be made for security to be                 Minimum weight of the sacks shall be 600 grams. The
given for the purpose of guaranteeing that the obliga­               following shall be printed on the sacks :
 tions arising by virtue of participation in the invita­
 tion to tender for supplies to the Republic of Upper               'Riz / Don de la Communauté Économique Euro­
Volta will be fulfilled ;                                            péenne à la Haute Volta'.
 (') OJ No L 166 , 25 . 6 . 1976 , p . 1 .                          0 ) OJ No 106 , 30 . 10 . 1962, p . 2553/62 .
 (2 ) OJ No L 281 , 1 . 11 . 1975 , p . 89 .                        O OJ No L 263 , 19 . 9 . 1973 , p . 1 .
 ---pagebreak--- 30 . 7 . 77                         Official Journal of the European Communities                        No L 191 /63
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 milled long grain rice referred to in Article
                         Article 2                             1 to be supplied to the Republic of Upper Volta must
                                                               meet the following requirements :
1 . The decision on tenders received in response to           — moisture : 1 5 % ;
the invitation provided for in Article 1 shall be taken       — broken rice : 30 % maximum ;
on 22 August 1977.                                            —    chalky grains : 5 % maximum ;
2. The closing date for the submission of tenders             -—   grains striated with red : 3 % maximum ;
shall be 22 August 1977 at 12 noon .                          ■—   spotted grains : 1 S % maximum ;
                                                              —    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 submission of tenders.                    Rice not meeting these requirements shall be refused.
                                                               2. Tenders for supply to the Republic of Upper
                         Article 3                             Volta of the milled long grain rice referred to in
                                                               Article 1 must relate to a product with the following
1 . The prices offered must be expressed in the                characteristics :
currency of the Member State in which the invitation
to tender was issued .                                        — moisture : 1 5 /o ;
                                                               — broken rice : 30 % 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 ;
3.     The rates used for converting into units of            —    amber grains : 0-20 % maximum .
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           sion the list of firms which have responded to the invi­
     Tuesday of the following week and which immedi­           tation to tender, specifying the terms of each tender
     ately precedes the time limit for the submission of       together with the name and business name of the
     tenders.
                                                               successful tenderer.
                         Article 4                             3 . Where the customs export formalities for the
                                                               mobilized product are completed in a Member State
The contract shall be awarded to the tenderer offering         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
                                                               tenderer.
tion agency may cancel the invitation to tender.
                         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--- No L 191 / 64                     Official Journal of the European Communities                               30 . 7. 77
4. The intervention agency shall ask that the                tion agency which appoints the successful tenderer, it
tenderer specifies the following information :               shall send as soon as possible to the latter the informa­
(a) after each shipment, a statement giving details of       tion necessary for releasing the security.
    the quantities loaded, the quality of the products                               Article 8
    and their packaging ;
(b) the date of the departure of the ships ; the             As regards this tender the intervention agency is auth­
    expected date of arrival of the products at their        orized to make an initial payment of 80 % of the
    destination ;                                            value of the quantity given in the bill of lading, on
(c) all possible contingencies which might occur             presentation of that document and subject to the
    during transportation of the products .                  taking of a security for an amount equal to the initial
                                                             payment.
The intervention agency shall transmit the informa­
tion provided for to the Commission as soon as it is                                 Article 9
received .
                                                             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, 29 July 1977 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President