CELEX: 31979R2194
Language: en
Date: 1979-10-05 00:00:00
Title: Commission Regulation (EEC) No 2194/79 of 5 October 1979 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the Republic of Cape Verde

9 . 10 . 79                             Official Journal of the European Communities                         No L 254/ 5
                                    COMMISSION REGULATION (EEC) No 2194/79
                                                      of 5 October 1979
              opening an invitation to tender for the mobilization of milled long grain rice as
                                          food aid for the Republic of Cape Verde
THE COMMISSION OF THE EUROPEAN                                    tory amounts do not apply in the rice sector ; whereas
COMMUNITIES,                                                      it is advisable to take account of the monetary situa­
                                                                  tion as regards different offers ;
Having i^gard to the Treaty establishing the European
Economic Community,                                               Whereas the award under the invitation to tender
                                                                   must be made to the tenderer offering the best terms ;
Having regard to Council Regulation (EEC) No
 1418/76 of 21 June 1976 on the common organiza­                  Whereas provisions should be made for security to be
tion of the market in rice ('), as last amended by Regu­          given to guarantee fulfilment of the obligations arising
lation (EEC) No 1 552/79 (2),                                     by virtue of participation in the invitation to tender
                                                                   for supplies to the Republic of Cape Verde ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                 Whereas the Italian intervention agency should be
tions for the mobilization of cereals as food aid (3), and         made responsible for the tendering procedure ;
in particular Article 6 thereof,
                                                                  Whereas the Commission must be informed quickly
Having regard to Council Regulation No 129 on the                 of the tenders submitted in response to the invitation
value of the unit of account and the exchange rates to             and of those accepted by the intervention agency ;
be applied for the purposes of the common agricul­
tural policy (4), as last amended by Regulation (EEC)             Whereas the measures provided for in this Regulation
No 2543/73 (5), and in particular Article 3 thereof,               are in accordance with the opinion of the Manage­
                                                                   ment Committee for Cereals,
Having regard to the opinion of the Monetary
Committee,
Whereas on 8 May 1979 the Council of the European                  HAS ADOPTED THIS REGULATION :
Communities declared that it proposed, by way of
Community action, to grant 1 035 tonnes of milled
long grain rice to the Republic of Cape Verde under
its 1978 /79 food-aid programme ;                                                         Article 1
Whereas pursuant to Article 3 (3) of Council Regula­               1 . Tenders are hereby invited for the supply to the
tion (EEC) No 2750/75 goods may be purchased                       Republic of Cape Verde, by way of Community food­
anywhere on the Community market ;                                 aid action, of 1 035 tonnes of milled long grain rice.
Whereas the proposed invitation to tender should be                2.   The tendering procedure shall take place in Italy
for supply of the products delivered to Praia, that is at          in one lot .
the moment when the goods are actually placed on
the quay or in the lighter where applicable ;
                                                                  The product shall be mobilized on the Community
                                                                   market. Shipment shall be from any Community port.
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                 3. The invitation to tender provided for in para­
exchange rates applicable in the framework of the                 graph 1 is for supply of products delivered to Praia,
common agricultural policy since monetary compensa­                that is at the moment when the goods are actually
                                                                   place on the quay or in the lighter where applicable.
(') OJ   No L 166, 25. 6. 1976, p. 1 .
(2) OJ   No L 188, 26. 7. 1979, p. 9.
(}) OJ   No L 281 , 1 . 11 . 1975, p. 89.                          4. The successful tenderer shall deliver the product
(4) OJ   No 106, 30 . 10 . 1962, p . 2553/62.                      specified in paragraph 1 in new jute sacks lined with
(5) OJ   No L 263, 19. 9. 1973, p. 1 .                             cotton sacks of a net capacity of 50 kilograms.
 ---pagebreak--- No L 254/ 6                        Official Journal of the European Communities                             9 . 10 . 79
The following shall be printed on the sacks :                 issued by a credit institution conforming to the
                                                             criteria laid down by the Member State.
'Arroz branco — Grăo longo / Dom da Comunidade
econòmica europeia à republica de Cabo Verde.'
                                                                                        Article 6
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty             1 . The milled long grain rice referred to in Article
sacks, of the same quality as those containing the            1 to be supplied to the Republic of Cape Verde must
goods but with the printing followed by a capital             meet the following requirements :
letter 'R '.
                                                             — moisture : 15% ,
                         Article 2                           — broken rice : 5 % maximum,
                                                             —     chalky grains : 5 % maximum,
 1.    The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken      —     grains striated with red : 3 % maximum,
on 22 October 1979 .                                         —     spotted grains : 1 .5 % maximum ,
2.     The closing date for the submission of tenders        —     stained grains : 1 % maximum ,
shall be 22 October 1979 at 12 noon .                        —     yellow grains : 0.050 % maximum,
3.     The notice of invitation to tender shall be           —     amber grains : 0.20 % maximum .
 published in the Official Journal of the European            Rice not meeting these requirements shall be refused .
 Communities not less than nine days before the
closing date for the submission of tenders .                  2. Tenders for supply to the Republic of Cape
                                                             Verde of the milled long grain rice referred to in
                         Article 3                            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,
 2.    The rates used for converting into ECU those           —    chalky grains : 5 % maximum,
 offers made in national currencies shall be :                —    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
     ately precedes the time limit for the submission of                                Article 7
     tenders .
                                                               1 . The Italian intervention agency shall be respon­
                         Article 4                            sible for the operations relating to the invitation to
                                                              tender provided for by this Regulation .
The contract shall be awarded to the tenderer offering
 the best terms .                                             2.     It shall forthwith communicate to the Commis­
                                                              sion the list of firms which have responded to the invi­
 However, if the tenders submitted do not appear to           tation to tender, specifying the terms of each tender,
 correspond to normal market prices and costs, the            together with the name and business name of the
 intervention agency may cancel the invitation to             successful tenderer.
 tender.
                                                              3 . Where the customs export formalities for the
                         Article 5                            mobilized product are completed in a Member State
                                                              other than that in which the invitation to tender is
 1 . The successful tenderer shall give security of a         issued, the intervention agency of the latter Member
value of 12 ECU per tonne ; the security is intended          State shall be responsible for the operations following
 to guarantee that the operations specified in Article 1      tendering, including payment to the successful ten­
 are duly completed . The security shall be forfeit if        derer.
 those operations are not carried out within the pres­
 cribed time limit, save as regards quantities not deliv­     In such case, the intervention agency choosing the
 ered owing to force majeure.                                 successful tenderer shall immediately inform the inter­
                                                              vention agency of the Member State concerned and
 2. The security provided for in paragraph 1 may be           shall supply it with all the information which it may
given in the form of a cash deposit or of a guarantee         require .
 ---pagebreak--- 9 . 10 . 79                       Official Journal of the European Communities                             No L 254/7
Furthermore, the amount of the successful tender              5. When the intervention agency responsible for
shall be paid after it has been converted using the           the operation relating to tendering is not the interven­
average of the spot rates referred to in Article 3 (2) to     tion agency which appoints the successful tenderer, it
the tenderer in the currency of the Member State in           shall send as soon as possible to the latter the informa­
which the operations relating to the tendering are            tion necessary for releasing the security.
completed.
4. The intervention agency shall ask that the                                         Article 8
tenderer specifies the following information :
                                                              As regards this tender the intervention agency is auth­
(a) after each shipment, a statement giving details of        orized to make an initial payment of 80 % of the
     the quantities loaded, the quality of the products
                                                              value of the quantity given in the bill of lading, on
     and their packaging ;                                    presentation of that document and subject to the
(b) the date of the departure of the ships ; the              taking of a security for an amount equal to the initial
     expected date of arrival of the products at their        payment.
     destination ;
(c) all possible contingencies which might occur
                                                                                      Article 9
     during transportation of the products.
The intervention agency shall transmit the informa­           This Regulation shall enter into force on the day of its
tion provided for to the Commission as soon as it is          publication in the Official Journal of the European
received .                                                    Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 5 October 1979 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President