CELEX: 31978R1723
Language: en
Date: 1978-07-24 00:00:00
Title: Commission Regulation (EEC) No 1723/78 of 24 July 1978 opening an invitation to tender for the mobilization of semi-milled long grain rice as food aid for the International Committee of the Red Cross

No L 201 /8                           Official Journal of the European Communities                            25. 7. 78
                                  COMMISSION REGULATION (EEC) No 1723/78
                                                      of 24 July 1978
              opening an invitation to tender (or the mobilization of semi-milled long grain
                      rice as food aid for the International Committee of the Red Cross
THE COMMISSION OF THE EUROPEAN                                  Whereas provisions should be made for security to be
COMMUNITIES,                                                    given to guarantee fulfilment of the obligations arising
                                                                by virtue of participation in the invitation to tender ;
Having regard to the Treaty establishing the European
Economic Community,                                             Whereas the Italian intervention agency should be
                                                                made responsible for the tendering procedure ;
Having regard to Council Regulation (EEC) No
 1418/76 of 21 June 1976 on the common organiza­                Whereas the Commission must be informed quickly
tion of the market in rice (*), as last amended by Regu­        of the tenders submitted in response to the invitation
lation (EEC) No 1260/78 (2),                                    and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No                    Whereas the Monetary Committee will be consulted ;
2750/75 of 29 October 1975 laying down the condi­               whereas, in view of the urgency, the measures envis­
tions for the mobilization of cereals as food aid (3), and      aged should be adopted in accordance with the condi­
in particular Article 6 thereof,                                tions laid down in Article 3 (2) of Council Regulation
                                                                 No 129 on the value of the unit of account and the
Whereas on 30 January 1978 the Council of the Euro­              exchange rates to be applied for the purposes of the
pean Communities declared that it proposed, by way              common agricultural policy (4), as last amended by
of Community action, to grant 740 tonnes of semi­                Regulation (EEC) No 2543/73 (5), and in particular
milled long grain rice to the International Committee           Article 3 thereof ;
of   the   Red   Cross     under    its  1977/78   food-aid
programme ;                                                     Whereas the measures provided for in this Regulation
                                                                are in accordance with the opinion of the Manage­
Whereas pursuant to Article 3 (3) of Council Regula­            ment Committee for Cereals,
tion (EEC) No 2750/75 goods may be purchased
anywhere on the Community market ;
Whereas the proposed invitation to tender should be              HAS ADOPTED THIS REGULATION :
for supply of the products delivered Ashdod, that is at
the moment when the goods are actually placed on
the dock or in the lighter where applicable ;
                                                                                        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               International Committee of the Red Cross, by way of
exchange rates applicable in the framework of the                Community food-aid action, of 740 tonnes of semi­
common agricultural policy since monetary compensa­              milled long grain rice.
tory amounts do not apply in the rice sector ; whereas
it is advisable to take account of the monetary situa­
tion as regards different offers ;                               2.   The tendering procedure shall take place in Italy
                                                                in one lot.
Whereas the award under the invitation to tender
must be made to the tenderer offering the best terms ;          The product shall be mobilized on the Community
                                                                market. Shipment shall be from any Community port.
Whereas, should force majeure make it impossible to
complete the operation in question within the time              3. The invitation to tender provided for in para­
limits specified, it must be made clear who is to bear          graph 1 is for supply of products delivered Ashdod,
the liability for any resulting costs ;                         that is at the moment when the goods are actually
                                                                 placed on the dock or in the lighter where applicable.
(») OJ No L 166, 25. 6. 1976, p. 1 .
(2) OJ No L 156, 14. 6. 1978, p. 11 .                           («) 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--- 25. 7. 78                          Official Journal of the European Communities                         No L 201 /9
4. The successful tenderer shall deliver the product         intended to guarantee that the operations specified in
specified in paragraph 1 in new jute sacks lined with        Article 1 are duly completed. The security shall be
cotton sacks of a net capacity of 50 kilograms.              forfeit if those operations are not carried out within
                                                             the prescribed time limit, save as regards quantities
On the sacks shall be printed a red cross, 15 x 15           not delivered owing to force majeure.
cm, as well as the following :
'Rice / Gift of the European Economic Community /            2. The security provided for in paragraph 1 may be
Action of the International Committee of the Red
Cross / For free distribution'.
                                                             given in the form of a cash deposit or of a guarantee
                                                             issued by a credit institution conforming to the
To allow for the possibility of re-bagging, the              criteria laid down by the Member State.
successful tenderer shall supply 2 % of new empty
sacks, of the same quality as those containing the
                                                                                       Article 6
goods but with the printing followed by a capital
letter 'R\
                                                              1 . The semi-milled long grain rice referred to in
                                                             Article 1 to be supplied to the International
                         Article 2
                                                             Committee of the Red Cross must meet the following
1 . The decision on tenders received in response to          requirements :
the invitation provided for in Article 1 shall be taken      — moisture : 15% ,
on 7 August 1978 .
                                                             — broken rice : 5 % maximum,
2. The closing date for the submission of tenders            —    chalky grains : 5 % maximum,
shall be 7 August 1978 at 12 noon .
                                                             —    grains striated with red : 3 % maximum,
3.     The    notice of invitation  to tender shall    be
published in the Official Journal of the European            —    spotted grains : 1 -5 % maximum,
Communities, not less than nine days before the              —    stained grains : 1 % maximum,
closing date for the submission of tenders.                  —    yellow grains : 0*050 % maximum,
                                                             —    amber grains : 0-20 % maximum.
                         Article 3
1 . The prices offered must be expressed in the              Rice not meeting these requirements shall be refused.
currency of the Member State in which the invitation
to tender was issued .                                       2. Tenders for supply to the International
                                                             Committee of the Red Cross of the semi-milled long
2.     The rates used for converting into units of           grain rice referred to in Article 1 must relate to a
account those offers made in national currencies shall       product with the following characteristics :
be :
                                                             — moisture : 15 % ,
— the      central  rate in  cases  where   the  relevant
     currency is held at any given moment within a           — broken rice : 5 % maximum,
     band of 2-25 % ,                                        — chalky grains : 5 % maximum,
— in other cases, the average spot exchange rate             —    grains striated with red : 3 % maximum,
     during the period from Wednesday of one week to
     Tuesday of the following week and which immedi­         —    spotted grains : 1 *5 % maximum,
     ately precedes the time limit for the submission of     —    stained grains : 1 % maximum,
     tenders.
                                                             —    yellow grains : 0-050 % maximum,
                         Article 4
                                                             —    amber grains : 0-20 % maximum.
The contract shall be awarded to the tenderer offering
the best terms.                                                                        Article 7
However, if the tenders submitted do not appear to           1 . The Italian intervention agency shall be respon­
correspond to normal market prices and costs, the            sible for the operations relating to the invitation to
intervention agency may cancel the invitation to             tender provided for by this Regulation .
tender.
                                                             2.     It shall forthwith communicate to the Commis­
                         Article 5                           sion the list of firms which have responded to the invi­
                                                             tation to tender, specifying the terms of each tender,
1 . The successful tenderer shall give security of a         together with the name and business name of the
value of 10 units of account per tonne ; the security is     successful tenderer.
 ---pagebreak--- No L 201 / 10                     Official Journal of the European Communities                               25. 7. 78
3. Where the customs export formalities for the              (c) all possible contingencies which might occur
mobilized product are completed in a Member State                during transportation of the products.
other than that in which the invitation to tender is
issued, the intervention agency of the latter Member         The intervention agency shall transmit the informa­
State shall be responsible for the operations following      tion provided for to the Commission as soon as it is
tendering, including payment to the successful               received .
tenderer.
                                                             5. When the intervention agency responsible for
In such case, the intervention agency choosing the           the operations relating to tendering is not the interven­
successful tenderer shall immediately inform the inter­      tion agency which appoints the successful tenderer, it
vention agency of the Member State concerned and             shall send as soon as possible to the latter the informa­
shall supply it with all the information which it may        tion necessary for releasing the security.
require.
Furthermore, the amount of the successful tender                                      Article 8
shall be paid after it has been converted using the
average of the spot rates referred to in this second         As regards this tender the intervention agency is auth­
subparagraph of Article 3 (2) to the tenderer in the         orized to make an initial payment of 80 % of the
currency of the Member State in which the operations         value of the quantity given in the bill of lading, on
relating to the tendering are completed.                     presentation of that document and subject to the
4. The intervention agency shall ask that the                taking of a security for an amount equal to the initial
tenderer specifies the following information :               payment.
(a) after each shipment, a statement giving details of
    the quantities loaded, the quality of the products                                Article 9
    and their packaging ;
(b) the date of the departure of the ships ; the             This Regulation shall enter into force on the day of its
    expected date of arrival of the products at their        publication in the Official Journal of the European
    destination ;                                             Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 24 July 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President