CELEX: 31977R1186
Language: en
Date: 1977-06-03 00:00:00
Title: Commission Regulation (EEC) No 1186/77 of 3 June 1977 opening an invitation to tender for the mobilization of long grain milled rice as food aid for the Republic of Ghana

No L 138/6                             Official Journal of the European Communities                               4. 6 . 77
                                   COMMISSION REGULATION (EEC) No 1186/77
                                                       of 3 June 1977
               opening an invitation to tender for the mobilization of long grain milled rice as
                                            food aid for the Republic of Ghana
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 ('),                                   whereas, in view of the urgency, the measures envis­
                                                                  aged should be adopted in accordance with the condi­
Having regard to Council Regulation (EEC) No                      tions laid down in Article 3 (2) of Council Regulation
2750/75 of 29 October 1975 laying down the condi­                 No 129 on the value of the unit of account and the
tions for the mobilization of cereals as food aid (2), and        exchange rates to be applied for the purposes of the
in particular Article 6 thereof,                                  common agricultural policy (3), as last amended by
                                                                  Regulation (EEC) No 2543/73 (4), and in particular
Whereas on 8 February 1977 the Council of the Euro­               Article 3 thereof ;
pean Communities declared that it proposed, by way
of Community action , to grant the equivalent of 1 739            Whereas the measures provided , for in this Regulation
tonnes of husked rice, (in other words 1 200 tonnes of            are in accordance with the opinion of the Manage­
long grain milled rice) to the Republic of Ghana                  ment Committee for Cereals,
under its 1976/77 food-aid programme ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased                  HAS ADOPTED THIS REGULATION :
anywhere on the Community market ;
Whereas tenders should be invited for the supply of
                                                                                              Article 1
the product to the port of shipment in the vicinity of
the vessel, the goods to be set down at the place nomi­
nated by the recipient or its agent ;                              1 . Tenders are hereby invited for the supply to the
                                                                  Republic of Ghana by way of Community action, of
Whereas in view of the different monetary circum­                  1 200 tonnes of long grain milled rice.
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
exchange rates applicable in the framework of the                  in one lot. The product shall be mobilized on the
common agricultural policy since monetary compensa­                Community market. The product shall be loaded for
 tory amounts do not apply in the rice sector ; whereas            departure from Genoa.
 it is advisable to take account of the monetary situa­
 tion as regards different offers ;                                3 . The product referred to in paragraph 1 is to be
                                                                   delivered in new jute sacks of a net capacity of 50 kilo­
Whereas the award under the invitation to tender                  grams to the port of shipment in the vicinity of the
 must be made to the tenderer offering the best terms ;            vessel . The goods must be set down at the place nomi­
                                                                   nated by the recipient country or its agent, the timing
 Whereas, should force majeure make it impossible to               of delivery being settled by the tenderer and the recip­
 complete the operation in question within the time                ient country's agent.
 limits specified, it must be made clear who is to bear
 the liability for any resulting costs ;                           Minimum weight of the sacks shall be 600 grams. The
                                                                   following shall be printed on the sacks :
 Whereas provision should be made for security to be
 given to guarantee fulfilment of the obligations arising          'Rice — Gift of the European Economic Community
 by virtue of participation in the invitation to tender ;          to Ghana'.
 (') OJ No L 166, 25 . 6. 1976, p. 1 .                             (3 ) OJ No 106, 30 . 10 . 1962, p . 2553/62.
 (2 ) OJ No L 281 , 1 . 11 . 1975, p. 89 .                         (<) OJ No L 263 , 19 . 9 . 1973 , p . 1 .
 ---pagebreak--- 4. 6 . 77                             Official Journal of the European Communities                         No L 138 /7
To allow for the possibility of re-bagging, the                 intended to guarantee that the operations specified in
successful tenderer shall supply 2 % of new empty               Article 1 are duly completed. The security shall be
sacks, of the same quality as those containing the              forfeit if those operations are not carried out within
goods but with the printing followed by a capital               the prescribed time limit, save as regards quantities
letter 'R\                                                      not delivered owing to force majeure.
                           Article 2                            2. The security provided for in paragraph 1 may be
                                                                in the form of a cash deposit or of a guarantee issued
 1 . The decision on tenders received in response to            by a credit institution conforming to the criteria laid
the invitation provided for in Article 1 shall be taken         down by the Member State.
on 20 June 1977.
2. The closing date for the submission of tenders                                         Article 7
shall be 20 June 1977 at 12 noon .
3.     The     notice   of invitation  to  tender  shall  be     1 . The long grain milled rice referred to in Article
published in the Official Journal of the European                1 to be supplied to the Republic of Ghana must meet
Communities, not less than nine days before the                 the following requirements :
closing date for the submission of tenders.                     — moisture : 1 5 % ;
                                                                — broken rice : 5 % maximum :
                           Article 3
                                                                —    chalky grains : 5 % maximum ;
1 . The prices offered must be expressed in the                 —    grains striated with red : 3 % maximum ;
currency of the Member State in which the invitation
to tender was issued .                                          —    spotted grains : 1 -5 % maximum ;
                                                                —    stained grains : 1 % maximum ;
2. For the purpose of rendering the tenders compar­
able, the prices shall, where appropriate, be corrected         —    yellow grains : 0-050 % maximum ;
by the accession compensatory amount applicable on              —    amber grains : 0-20 % maximum .
the closing date for submission of tenders tp exports
from the Member State mentioned in the tender.                  Rice not meeting these requirements shall be refused.
3.     The rates used for converting into units of              2. Tenders for supply to the Republic of Ghana of
account those offers made in national currencies shall          the long grain milled rice referred to in Article 1 must
be :                                                            relate to a product with the following characteristics :
— the      central    rate in   cases where    the  relevant
                                                                — moisture : 1 5 % ;
     currency is held at any given moment within a
     band of 2-25 % ,                                           — broken rice : 5 % maximum ;
— in other cases, the average spot exchange rate                —    chalky grains : 5 % maximum ;
     during the period from Wednesday of one week to            —    grains striated with red : 3 % maximum ;
     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 8
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
If the tenderer is unable to deliver the goods in               tation to tender, specifying the terms of each tender,
compliance with Article 1 (3) on the date given in the          together with the name and business name of the
notice of invitation to tender as a result of the late          successful tenderer.
availability of the vessels to be used for sea transporta­      3 . Where the customs export formalities for the
tion, the resulting costs shall be borne by the interven­       mobilized product are completed in a Member State
tion agency.                                                    other than that in which the invitation to tender is
                           Article 6
                                                                issued, the intervention agency of the latter Member
                                                                State shall be responsible for the operations following
1 . The successful tenderer shall give security of a            tendering, including payment to the successful
value of 10 units of account per tonne ; the security is        tenderer.
 ---pagebreak--- No L 138 / 8                       Official Journal of the European Communities                               4. 6 . 77
In such case, the intervention agency choosing the           5. When the intervention agency responsible for
successful tenderer shall immediately inform the inter­      the operations relating to tendering is not the interven­
vention agency of the Member State concerned and             tion agency which appoints the successful tenderer, it
shall supply it with all the information which it may        shall send as soon as possible to the latter the informa­
require .                                                    tion necessary for releasing the security.
Furthermore , the amount of the successful tender
shall be paid after it has been converted using the                                  Article 9
average of the spot rates referred to in the second
subparagraph of Article 3 (3) to the tenderer in the         On delivery of the goods at the port of shipment, a
currency of the Member State in which the operations         handing-over certificate shall be supplied to the
relating to the tendering are completed.                     successful tenderer, acting as agent for the Commu­
                                                             nity, by the agent of the recipient country or, in the
4. The intervention agency shall request the
                                                             absence of the latter, by the intervention agency of the
successful tenderer to supply the following informa­
tion :
                                                             Member State in whose territory the port of shipment
                                                             is situated .
(a) after each shipment a certificate showing the quan­
    tities dispatched and the quality of the products ;
                                                                                     Article 10
(b) the date of departure of the vessels.
The information indicated above shall be forwarded           This Regulation shall enter into force on the day of its
by the intervention agency to the Commission imme­            publication in the Official Journal of the European
diately upon receipt.                                         Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at Brussels, 3 June 1977 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President