CELEX: 31978R2635
Language: en
Date: 1978-11-10 00:00:00
Title: Commission Regulation (EEC) No 2635/78 of 10 November 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 318/26                           Official Journal of the European Communities                           11 . 11 . 78
                                 COMMISSION REGULATION (EEC) No 2635/78
                                                   of 10 November 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
THE COMMISSION OF THE EUROPEAN                                  Whereas the Italian intervention agency should be
COMMUNITIES,                                                     made responsible for the tendering procedure ;
Having regard to the Treaty establishing the European            Whereas the Commission must be informed quickly
Economic Community,                                              of the tenders submitted in response to the invitation
                                                                 and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No
1418/76 of 21 June 1976 on the common organiza­                  Whereas the Monetary Committee will be consulted ;
tion of the market in rice (l), as last amended by Regu­         whereas, in view of the urgency, the measures envis­
lation (EEC) No 1260/78(2),                                      aged should be adopted in accordance with the condi­
                                                                 tions laid down in Article 3 (2) of Council Regulation
                                                                 No 129 on the value of the unit of account and the
Having regard to Council Regulation (EEC) No
                                                                 exchange rates to be applied for the purposes of the
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and
                                                                 common agricultural policy (4), as last amended by
in particular Article 6 thereof,
                                                                 Regulation (EEC) No 2543/73 (5), and in particular
                                                                 Article 3 thereof ;
Whereas on 30 January 1978 the Council of the Euro­
                                                                 Whereas the measures provided for in this Regulation
pean Communities declared that it proposed, by way               are in accordance with the opinion of the Manage­
of Community action, to grant 500 tonnes of semi­                ment Committee for Cereals,
milled long grain rice to the International Committee
of   the   Red   Cross     under    its  1977/78    food-aid
programme ;
Whereas pursuant to Article 3 (3) of Council Regula­             HAS ADOPTED THIS REGULATION :
tion (EEC) No 2750/75 goods may be purchased
anywhere on the Community market ;
                                                                                         Article 1
Whereas the proposed invitation to tender should be
for supply of the products delivered Corinto, that is at
the moment when the goods are actually placed on                 1 . Tenders are hereby invited for the supply to the
the dock or in the lighter where applicable ;                    International Committee of the Red Cross, by way of
                                                                 Community food-aid action, of 500 tonnes of semi­
                                                                 milled long grain rice.
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               2.    The tendering procedure shall take place in Italy
                                                                 in one lot.
exchange rates applicable in the framework of the
common agricultural policy since monetary compensa­
tory amounts do not apply in the rice sector ; whereas           The product shall be mobilized on the Community
it is advisable to take account of the monetary situa­           market. Shipment shall be from any Community port.
tion as regards different offers ;
                                                                 3. The invitation to tender provided for in para­
Whereas the award under the invitation to tender                 graph 1 is for supply of products delivered Corinto,
must be made to the tenderer offering the best terms ;           that is at the moment when the goods are actually
                                                                 placed on the dock or in the lighter where applicable.
Whereas provisions should be made for security to be
given to guarantee fulfilment of the obligations arising         4. The successful tenderer shall deliver the product
by virtue of participation in the invitation to tender ;         specified in paragraph 1 in new jute sacks lined with
                                                                 cotton sacks of a net capacity of 50 kilograms.
0) 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.
(») OJ No L 281 , 1 . 11 . 1975, p. 89.                          (5) OJ No L 263, 19. 9 . 1973. D. 1 .
 ---pagebreak--- 11 . 11 . 78                        Official Journal of the European Communities                        No L 318 /27
On the sacks shall be printed a red cross, 15 x 15            Article 1 are duly completed. The security shall be
cm, as well as the following :                                 forfeit if those operations are not carried out within
 NI-3 / Arroz / Donación de la Comunidad econo­
                                                              the prescribed time limit, save as regards quantities
                                                               not delivered owing to force majeure.
mica europea / Acción del Comité Internacional de la
Cruz Roja / Destinado a la distribución gratuita /             2. The security provided for in paragraph 1 may be
Corinto .'
                                                              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 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 semi-milled long grain rice referred to in
                          Article 2                           Article 1 to be supplied to the International
                                                               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
on 27 November 1978 .                                         — moisture : 15% ,
                                                              — broken rice : 5 % maximum,
2.     The closing date for the submission of tenders         —    chalky grains : 5 % maximum,
shall be 27 November 1978 at 12 noon .                        —    grains striated with red : 3 % maximum,
                                                              —    spotted grains : 1 *5 % maximum,
3.     The     notice of invitation  to tender shall be       —    stained grains : 1 % maximum,
published in the Official Journal of the European             —    yellow grains : 0.050 % maximum,
Communities, not less than nine days before the               —    amber grains : 0*20 % maximum.
closing date for the submission of tenders.
                                                              Rice not meeting these requirements shall be refused.
                          Article 3
                                                               2. Tenders for supply to the International
1 . The prices offered must be expressed in the                Committee of the Red Cross of the semi-milled long
currency of the Member State in which the invitation          grain rice referred to in Article 1 must relate to a
to tender was issued.                                          product with the following characteristics :
                                                              — moisture : 15% ,
2.     The rates used for converting into units of
account those offers made in national currencies shall        — broken rice : 5 % maximum,
be :                                                          —    chalky grains : 5 % maximum,
                                                              —    grains striated with red : 3 % maximum,
— the      central   rate in  cases where    the  relevant    —    spotted grains : 1 *5 % maximum,
     currency is held at any given moment within a            —    stained grains : 1 % maximum,
     band of 2-25 % ,                                         —    yellow grains : 0.050 % maximum,
— in other cases, the average spot exchange rate              —    amber grains : 0.20 % maximum .
     during the period from Wednesday of one week to
     Tuesday of the following week and which immedi­                                    Article 7
     ately precedes the time limit for the submission of
     tenders .
                                                               1 . The Italian intervention agency shall be respon­
                                                              sible for the operations, relating to the invitation to
                          Article 4                           tender provided for by this Regulation.
The contract shall be awarded to the tenderer offering        2.     It shall forthwith communicate to the Commis­
the best terms.                                               sion the list of firms which have responded to the invi­
                                                              tation to tender, specifying the terms of each tender,
However, if the tenders submitted do not appear to            together with the name and business name of the
correspond to normal market prices and costs, the             successful tenderer.
intervention agency may cancel the invitation to
tender.
                                                              3. Where the customs export formalities for the
                                                               mobilized product are completed in a Member State
                          Article 5                           other than that in which the invitation to tender
                                                              is issued, the intervention agency of the latter Member
1 . The successful tenderer shall give security of a          State shall be responsible for the operations following
value of 10 units of account per tonne ; the security is      tendering, including payment to the successful
intended to guarantee that the operations specified in        tenderer.
 ---pagebreak--- No L 318/28                       Official Journal of the European Communities                              11 . 11 . 78
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 i§
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 operation 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 this 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, on
(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, 10 November 1978 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President