CELEX: 31975R1722
Language: en
Date: 1975-07-05 00:00:00
Title: Regulation (EEC) No 1722/75 of the Commission of 4 July 1975 opening an invitation to tender for the mobilization of round grain milled rice as food aid for the International Committee of the Red Cross

5 . 7 . 75                            Official Journal of the European Communities                             No L 174/ 11
                            REGULATION (EEC) No 1722/75 OF THE COMMISSION
                                                        of 4 July 1975
               opening an invitation to tender for the mobilization of round grain milled rice
                          as food aid for the International Committee of the Red Cross
 THE COMMISSION OF THE EUROPEAN                                    Whereas provision should be made for security to be
 COMMUNITIES,                                                      given for the purpose of guaranteeing that the obliga­
                                                                   tions arising by virtue of participation in the invita­
 Having regard to the Treaty establishing the European             tion to tender for supplies to the International
 Economic Community ;                                              Committee of the Red Cross will be fulfilled ;
 Having regard to Council Regulation No 359/                      Whereas the Italian intervention agency should be
 67/ EEC (') of 25 July 1967 on the common organiza­               made responsible for the tendering procedure ;
 tion of the market in rice, as last amended by Regula­
 tion (EEC) No 668/75 (2) ;                                        Whereas the Commission must be informed quickly
                                                                   of the tenders submitted in response to the invitation
                                                                   and of those accepted by the intervention agency ;
 Having regard to Council Regulation (EEC) No
 1 693/72 (3) of 3 August 1972 laying down the condi­             Whereas the Monetary Committee will be consulted ;
 tions for the mobilization of cereals as food aid , and          whereas, in view of the urgency, the measures envis­
 in particular Article 6 thereof ;                                aged should be adopted in accordance with the condi­
                                                                   tions laid down in Article 3 (2) of Council Regulation
Whereas on 16 April 1975 the Commission of the                     No 129 (4) on the value of the unit of account and the
 European Communities declared that it proposed, by                exchange rates to be applied for the purposes of the
way of Community action, to grant the equivalent of               common agricultural policy, as last amended by Regu­
258 metric tons of husked rice (in other words, 200                lation (EEC) No 2543/73 (5), and in particular Article
 metric tons of round grain milled rice) to the Interna­           3 thereof ;
 tional Committee of the Red Cross under its 1973 /74
 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 1693/72 the goods may be purchased
anywhere on the Community market ;
                                                                   HAS ADOPTED THIS REGULATION :
Whereas the proposed invitation to tender should be
for supply of the products delivered cif, that is at the
moment when the goods are actually placed on the                                             Article 1
dock or in the lighter where applicable ;
                                                                   1 . Tenders are hereby invited for the supply to the
Whereas in view of the different monetary circum­                 International Committee of the Red Cross, by way of
stances in the Member States, the observation of these            Community action, of 200 metric tons of round grain
conditions is not guaranteed by the application of                milled rice .
exchange rates applicable in the framework of the
common agricultural policy since monetary compensa­               2. The tendering procedure shall take place in Italy
tory amounts do not apply in the rice sector ; whereas            in one lot. The product shall be mobilized on the
it is advisable to take account of the monetary situa­            Community market. The product shall be loaded for
tion as regards different offers ;                                departure from any Community port.
Whereas the award under the invitation to tender                  3 . The invitation to tender provided for in para­
must be made to the tenderer offering the best terms ;            graph 1 is for supply of products delivered cif, that is
                                                                  at the moment when the goods are actually placed on
Whereas, should force majeure make it impossible to               the dock or in the lighter where applicable .
complete the operation in question within the time
limits specified, it must be made clear who is to bear            The recipient country shall bear all costs subsequent
the liability for any resulting costs ;                           to delivery of the goods, including unloading costs on
                                                                  reception of the goods.
(') OJ No 174, 31 . 7. 1967, p. 1 .
(2) OJ No L 72, 20 . 3 . 1975, p. 18 .                            (4) OJ No L 106, 30 . 10 . 1962, p. 2553 /62.
(3) OJ No L 178 , 5 . 8 . 1972, p. 3 .                            (5 ) OJ No L 263, 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- No L 174/ 12                         Official Journal of the European Communities                               5. 7. 75
Any possible demurrage costs or dispatch money at                                        Article 5
the port of unloading shall be a charge on or for the
benefit of the International Committee of the Red               1 . The successful tenderer shall give security of a
Cross. The rates and detailed arrangements relating            value of 10 units of account per metric ton ; the secu­
thereto laid down in the contract between the autho­            rity is intended to guarantee that the operations speci­
rized agent of the Community and the carrier must               fied in Article 1 are duly completed. The security
have been agreed upon in advance by the authorized             shall be forfeit if those operations are not carried out
agent and the receiving agent of the recipient country.        within the prescribed time limit, save as regards quan­
                                                                tities not delivered owing to force majeure.
4. The successful tenderer shall deliver the product
specified in paragraph 1 cif to the port of Suva in new         2. The security provided for in paragraph 1 may be
jute sacks, having a net capacity of 50 kg.                    given in the form of a cash deposit or of a guarantee
                                                                issued by a credit institution conforming to the
The following shall be printed on the sacks :                   criteria laid down by the Member State.
'Milled rice — Gift of the European Economic
Community — Free distribution .'                                                         Article 6
                          Article 2                             1 . The round grain milled rice referred to in Article
                                                                1 to be supplied to the International Committee of
 1 . The decision on tenders received in response to            the Red Cross must meet the following requirements :
the invitation provided for in Article 1 shall be taken        — moisture : 15% ,
on 21 July 1975.                                               — broken rice : 5 % maximum,
2. The closing date for the submission of tenders              —     chalky grains : 3 % maximum,
shall be 21 July 1975 at 12 noon .                              —    grains striated with red : 3 % maximum,
                                                               —     spotted grains : 1 % maximum,
3.     The    notice   of invitation  to  tender  shall  be     —    Stained grains : 0-50 % maximum,
published in the Official Journal of the European               —    yellow grains : 0-050 % maximum,
 Communities not less than nine days before the                 —    amber grains : 0-125 % 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 round grain
                                                                milled rice referred to in Article 1 must relate to a
currency of the Member State in which the invitation
to tender was issued .                                          product with the following characteristics :
                                                                — moisture : 15% ,
 2.    For the purpbse of rendering the tenders compar­         — broken rice : 5 % maximum,
able, the prices shall, where appropriate, be corrected         —    chalky grains : 3 % maximum,
by the accession compensatory amount applicable on              —    grains striated with red : 3 % maximum,
the closing date for submission of tenders to exports           —    spotted grains : 1 % maximum,
from the Member State mentioned in the tender.
                                                                —    stained grains : 0-5 % maximum,
3.     The rates used for converting into units of              —    yellow grains : 0-050 % maximum,
account those offers made in national currencies shall          —    amber grains : 0-125% maximum .
be :
— the      central   rate  in  cases  where   the  relevant                              Article 7
     currency is held at any given moment within a               1 . The Italian intervention agency shall be respon­
     band of 2-25 % ,
                                                                sible for the operations relating to the invitation to
— in other cases the average spot exchange rate                 tender provided for by this Regulation .
     during the period from Wednesday of one week to
     Tuesday of the following week and which immedi­            2.     It shall forthwith communicate to the Commis­
     ately precedes the time limit for the submission of        sion the list of firms which have responded to the invi­
     tenders .                                                  tation to tender, specifying the terms of each tender,
                                                                together with the name and business narrie of the
                                                                successful tenderer.
                          Article 4
The contract shall be awarded to the tenderer offering          3 . Where the customs export formalities for the
 the best terms .                                               mobilized product are completed in a Member State
                                                                other than that in which the invitation to tender is
 However, if the tenders submitted do not appear to             issued, the intervention agency of the latter Member
 correspond to normal market prices and costs, the              State shall be responsible for the operations following
 intervention agency may cancel the invitation to               tendering, including payment to the successful
 tender.                                                        tenderer.
 ---pagebreak--- 5 . 7. 75                         Official Journal of the European Communities                           No L 174/ 13
In such case, the intervention agency choosing the            (c) all possible contingencies which might occur
successful tenderer shall imediately inform the inter­            during transportation of the products.
vention agency of the Member State concerned and
shall supply it with all the information which it may         The intervention agency shall transmit the informa­
require.                                                      tion provided for to the Commission as soon as it is
Furthermore, the amount of the successful tender              received .
shall be paid after it has been converted using the
average of the spot rates referred to in the second           5. When the intervention agency responsible for
subparagraph of Article 3 (2) to the tenderer in the          the operations relating to tendering is not the1 interven­
currency of the Member State in which the operations          tion agency which appoints the successful tenderer, it
relating to the tendering are completed.                      shall send as soon as possible to the latter the informa­
4. The intervention agency shall ask - that the               tion necessary for releasing the security.
tenderer specifies the following information :
(a) after each shipment, a statement giving details of
                                                                                      A rticle 8
     the quantities loaded, the quality of the products
     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, 4 July 1975.
                                                                         For the Commission
                                                                           P.J. LARDINOIS
                                                                    Member of the Commission