CELEX: 31977R1755
Language: en
Date: 1977-07-29 00:00:00
Title: Commission Regulation (EEC) No 1755/77 of 29 July 1977 opening a new invitation to tender for the mobilization of round grain semi-milled rice as food aid for the International Committee of the Red Cross

No L 191 /74                            Official Journal of the European Communities                             30 . 7. 77
                                   COMMISSION REGULATION ( EEC) No 1755/77
                                                        of 29 July 1977
              opening a new invitation to tender for the mobilization of round grain semi
                milled rice as food aid for the International Committee of the Red Cross
THE COMMISSION OF THE EUROPEAN                                     it is advisable to take account of the monetary situa­
COMMUNITIES,                                                       tion as regards different offers ;
                                                                   Whereas the award under the invitation to tender
Having regard to the Treaty establishing the European
Economic Community,                                                must be made to the tenderer offering the best terms ;
                                                                   Whereas, should force majeure make it impossible to
Having regard to Council Regulation (EEC) No                       complete the operation in question within the time
1418/76 of 21 June 1976 on the common organiza­                    limits specified, it must be made clear who is to bear
tion of the market in rice ( ! ),                                  the liability for any resulting costs ;
Having regard to Council Regulation (EEC) No                       Whereas provision should be made for security to be
2750/75 of 29 October 1975 laying down the condi­                  given for the purpose of guaranteeing that the obliga­
tions for the mobilization of cereals as food aid (2), and         tions arising by virtue of participation in the invita­
in particular Article 6 thereof,                                   tion to tender for supplies to the International
                                                                   Committee of the Red Cross will be fulfilled ;
Whereas on 8 February 1977 the Council of the Euro­
                                                                   Whereas the Italian intervention agency should be
pean Communities declared that it proposed, by way
                                                                   made responsible for the tendering procedure ;
of Community action, to grant the equivalent of 512
tonnes of husked rice (in other words, 422 tonnes of
round grain semi-milled rice) to the International                 Whereas the Commission must be informed quickly
Committee of the Red Cross under its 1976/77 food­                 of the tenders submitted in response to the invitation
aid programme ;                                                    and of those accepted by the intervention agency ;
                                                                   Whereas the Monetary Committee will be consulted ;
Whereas pursuant to Article 3 (3) of Council Regula­               whereas, in view of the urgency, the measures envis­
tion (EEC) No 2750/75 the goods may be purchased                   aged should be adopted in accordance with the condi­
anywhere on the Community market ;                                 tions laid down in Article 3 (2) of Council Regulation
                                                                   No 129 (4) on the value of the unit of account and the
Whereas the invitation to tender opened in the                     exchange rates to be applied for the purposes of the
Community under Commission Regulation ( EEC) No                    common agricultural policy, as last amended by Regu­
1316/77 of 20 June 1977 opening an invitation to                   lation (EEC) No 2543/73 (5) and in particular Article 3
tender   for the   mobilization       of semi-milled    round      thereof ;
grain rice as aid for the International Committee of
the Red Cross (3) was not allocated ; whereas a new                Whereas the measures provided for in this Regulation
invitation to tender should therefore be opened ;                  are in accordance with the opinion of the Manage­
                                                                   ment Committee for Cereals,
Whereas the proposed invitation to tender should be
for supply of the products delivered Ashdod, that is at
the moment when the goods are actually placed on
                                                                   HAS ADOPTED THIS REGULATION :
the dock or in the lighter where applicable ;
Whereas in view of the different monetary circum­                                             Article 1
stances in the Member States, the observation of these
conditions is not guaranteed by the application of
exchange rates applicable in the framework of the                  1 . Tenders are hereby invited for the supply to the
common agricultural policy since monetary compensa­                International Committee of the Red Cross, by way of
tory amounts do not apply in the rice sector ; whereas             Community action , of 422 tonnes of round grain
                                                                   semi-milled rice .
(!) OJ No L 166, 25 . 6 . 1976, p. 1 .
(2 ) OJ No L 281 , 1 . 11 . 1975, p . 89 .                         (4 ) OJ No 106, 30 . 10 . 1962, p . 2553 /62.
(>) OJ No L 152, 21 . 6 . 1977, p . 5 .                            H OJ No L 263 , 19 . 9 . 1973 , p . 1 .
 ---pagebreak--- 30 . 7. 77                           Official Journal of the European Communities                        No L 191 /75
2. The tendering procedure shall take place in Italy                                     Article 4
in one lot. The product shall be mobilized on the
Community market. The product shall be loaded for               The contract shall be awarded to the tenderer offering
departure from any Community port.                              the best terms.
3 . The invitation to tender provided for in para­              However, if the tenders submitted do not appear to
graph 1 is for supply of products delivered Ashdod,             correspond to normal market prices and costs, the
that is at the moment when the goods are actually               intervention agency may cancel the invitation to
placed on the dock or in the lighter where applicable .         tender.
4. The successful tenderer shall deliver the product
specified in paragraph 1 in new jute sacks lined with                                    Article 5
cotton sacks of a net capacity of 50 kilograms.
                                                                1 . The successful tenderer shall give security of a
On the sacks shall be printed a red cross, 15 cm by 15          value of 10 units of account per tonne ; the security is
cm , as well as the following :                                 intended to guarantee that the operations specified in
'Rice / Gift of the European Economic Community /               Article 1 are duly completed. The security shall be
Action of the International Committee of the Red                forfeit if those operations are not carried out within
Cross / For free distribution '.                                the prescribed time limit, save as regards quantities
                                                                not delivered owing to force majeure.
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty               2. The security provided for in paragraph 1 may be
sacks, of the same quality as those containing the              given in the form of a cash deposit or of a guarantee
goods but with the printing followed by a capital               issued by a credit institution conforming to the
letter ' R'.                                                    criteria laid down by the Member State.
                          Article 2                                                      Article 6
1 . The decision on tenders received in response to             1 . The round grain semi-milled rice referred to in
the invitation provided for in Article 1 shall be taken         Article 1 to be supplied to the International
on 22 August 1977.                                              Committee of the Red Cross must meet the following
                                                                requirements :
2. The closing date for the submission of tenders
shall be 22 August 1977, at 12 noon .                           — moisture : 1 5 % ,
                                                                — broken rice : 5 % maximum,
3.     The    notice   of invitation  to  tender  shall  be
                                                                —    chalky grains ,: 5 % maximum,
published in the Official Journal of the European               —    grains striated with red : 3 % maximum,
Communities not less than nine days before the                  —    spotted grains : 1-5% maximum,
closing date for the submission of tenders.                     —    stained grains : 1 % maximum,
                                                                —    yellow grains : 0-050 % maximum,
                          Article 3                             —    amber grains : 0 20 % maximum .
 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 round grain semi­
2. For the purpose of rendering the tenders compar­             milled rice referred to in Article 1 must relate to a
able, the prices shall, where appropriate, be corrected         product with the following characteristics :
by the accession compensatory amount applicable on
the closing date for submission of tenders to exports           — moisture : 15% ,
from the Member State mentioned in the tender.                  — broken rice : 5 % maximum,
                                                                —    chalky grains : 5 % maximum ,
3.     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             1 . The Italian intervention agency shall be respon­
     ately precedes the time limit for the submission of        sible for the operations relating to the invitation to
     offers .                                                   tender provided for by this Regulation .
 ---pagebreak--- No L 191 / 76                      Official Journal of the European Communities                                30 . 7 . 77
2.     It shall forthwith communicate to the Commis­           (b) the date of the departure of the ships ; the
sion the list of firms which have responded to the invi­           expected date of arrival of the products at their
tation to tender, specifying the terms of each tender              destination ;
together with the name and business name of the                (c) all possible contingencies which might occur
successful tenderer.
                                                                   during transportation of the products.
3 . Where the customs export formalities for the
mobilized product are completed in a Member State              The intervention agency shall transmit the informa­
other than that in which the invitation to tender is           tion provided for to the Commission as soon as it is
                                                               received .
issued, the intervention agency of the latter Member
State shall be responsible for the operations following        5. When the intervention agency responsible for
tendering, including payment to the successful                 the operations relating to tendering is not the interven­
tenderer.
                                                               tion agency which appoints the successful tenderer, it
In such case, the intervention agency choosing the             shall send as soon as possible to the latter the informa­
successful tenderer shall immediately inform the inter­        tion necessary for releasing the security.
vention agency of the Member State concerned and
shall supply it with all the information which it may                                   Article 8
require .
Furthermore , the amount of the successful tender              As regards this tender the intervention agency is auth­
shall be paid after it has been converted using the
                                                               orized to make an initial payment of 80 % of the
average of the spot rates referred to in the second            value of the quantity given in the bill of lading, on
                                                               presentation of that document and subject to the
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations           taking of a security for an amount equal to the initial
                                                               payment .
relating to the tendering are completed .
4.     The intervention agency shall ask that the                                       Article 9
tenderer specifies the following information :
(a) after each shipment, a statement giving details of         This Regulation shall enter into force on the day of its
     the quantities loaded , the quality of the products       publication in the Official Journal of the European
     and their packaging ;                                      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