CELEX: 31979R1719
Language: en
Date: 1979-08-03 00:00:00
Title: Commission Regulation (EEC) No 1719/79 of 3 August 1979 opening an invitation to tender for the mobilization of semi-milled long grain rice as food aid for the United Nations High Commissioner for Refugees

4. 8 . 79                              Official Journal of the European Communities                        No L 198 /25
                                     COMMISSION REGULATION (EEC) No 1719/79
                                                        of 3 August 1979
               opening an invitation to tender for the mobilization of semi-milled long grain
                   rice as food aid for the United Nations High Commissioner for Refugees
 THE COMMISSION OF THE EUROPEAN                                    it is advisable to take account of the monetary situa­
 COMMUNITIES,                                                       tion as regards different offers ;
 Having regard to the Treaty establishing the European             Whereas the award under the invitation to tender
 Economic Community,                                               must be made to the tenderer offering the best terms ;
 Having regard to Council Regulation (EEC) No                      Whereas, should force majeure make it impossible to
  1418/76 of 21 June 1976 on the common organiza­                  complete the operation in question within the time
 tion of the market in rice ('), as amended by Regula­             limits specified, it must be made clear who is to bear
 tion (EEC) No 1260/78 (2),                                        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 to guarantee fulfilment of the obligations arising
 tions for the mobilization of cereals as food aid (3), and        by virtue of participation in the invitation to tender ;
 in particular Article 6 thereof,
                                                                   Whereas the Italian intervention agency should be
 Having regard to Council Regulation No 129 on the                 made responsible for the tendering procedure ;
 value of the unit of account and the exchange rates to
 be applied for the purposes of the common agricul­
 tural policy (4), as last amended by Regulation (EEC)             Whereas the Commission must be informed quickly
 No 2543/73 (5), and in particular Article 3 thereof,              of the tenders submitted in response to the invitation
                                                                   and of those accepted by the intervention agency ;
 Having regard to the opinion of the Monetary
 Committee,                                                        Whereas the measures provided for in this Regulation
                                                                   are in accordance with the opinion of the Manage­
                                                                   ment Committee for Cereals,
Whereas on 8 May 1979 the Council of the European
 Communities declared that it proposed, by way of
 Community action, to grant the equivalent of 2 484
 tonnes of husked rice (in other words, 1 852 tonnes of
semi-milled long grain rice) to the United Nations                 HAS ADOPTED THIS REGULATION :
 High Commissioner for Refugees under its 1978/79
 food-aid programme ;
                                                                                           Article 1
Whereas pursuant to Article 3 (3) of Council Regula­
 tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;                                 1 . Tenders are hereby invited for the supply to the
                                                                   United Nations High Commissioner for Refugees, by
                                                                   way of Community action, of 1 852 tonnes of semi­
Whereas the proposed invitation to tender should be
                                                                   milled long grain rice.
for supply of the products delivered to Vientiane via
 Bangkok ;
                                                                   2. The tendering procedure shall take place in Italy
Whereas, in view of the different monetary circum­                 in one lot. The product shall be mobilized on the
stances in the Member States, the observation of these             Community market. The product shall be loaded for
conditions is not guaranteed by the application of                 departure from any Community port.
exchange rates applicable in the framework of the
common agricultural policy since monetary compensa­                3. The invitation to tender provided for in para­
tory amounts do not apply in the rice sector ; whereas             graph 1 is for supply of the products delivered to
                                                                   Vientiane via Bangkok.
( 1) OJ  No L 166, 25. 6. 1976, p. 1 .
(2)  OJ  No L 156, 14. 6. 1978 , p. 11 .
(3)  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 198 /26                        Official Journal of the European Communities                             4. 8 . 79
 The following shall be printed on the sacks :                 cribed time limit, save as regards quantities not deliv­
  Riz semi-blanchi / Don de la Communauté écono­               ered owing to force majeure.
 mique européenne / Action humanitaire de l'UNHCR              2. The security provided for in paragraph 1 may be
 au Laos'.
                                                               given in the form of a cash deposit or of a guarantee
                                                               issued by a credit institution conforming to the
 To allow for the possibility of re-bagging, the               criteria laid down by the Member State.
 successful tenderer shall supply 2 % of new empty
 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 1 to be supplied to the United Nations High
                          Article 2                            Commissioner for Refugees must meet the following
                                                               requirements :
 1 . The decision on tenders received in response to
 the invitation provided for in Article 1 shall be taken       — moisture : 15 % ,
 on 20 August 1979.                                            — broken rice : 5 % maximum,
                                                               —    chalky grains : 5 % maximum,
 2. The closing date for the submission of tenders
 shall be 20 August 1979 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
 Communities not less than nine days before the                —    yellow grains : 0 050 % maximum,
closing date for the submission of tenders.                    —    amber grains : 0.20 % maximum .
                                                               Rice not meeting these requirements shall be refused.
                          Article 3
                                                               2. Tenders for supply to the United Nations High
 1 . The prices offered must be expressed in the               Commissioner for Refugees 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 :
2.     The rates used for converting into ECU those            — moisture : 15 % ,
offers made in national currencies shall be :                  — broken rice : 5 % maximum,
— the      central   rate in   cases where    the  relevant    —    chalky grains : 5 % maximum,
     currency is held at any given moment within a             —    grains striated with red : 3 % maximum,
     band of 2.25 % ,
                                                               —    spotted grains : 1 .5 % maximum,
— in other cases, the average spot exchange rate               —    stained grains : 1 % maximum,
     during the period from Wednesday of one week to
     Tuesday of the following week and which immedi­           —    yellow grains : 0.050 % maximum,
     ately precedes the time limit for the submission of       —    amber grains : 0.20 % maximum .
     offers .
                                                                                         Article 7
                          Article 4
                                                               1 . The Italian intervention agency shall be respon­
The contract shall be awarded to the tenderer offering         sible for the operations relating to the invitation to
the best terms.                                                tender provided for by this Regulation.
                                                               2.     It shall forthwith communicate to the Commis­
However, if the tenders submitted do not appear to
correspond to normal market prices and costs, the              sion the list of firms which have responded to the invi­
intervention agency may cancel the invitation to               tation to tender, specifying the terms of each tender,
tender.                                                        together with the name and business name of the
                                                               successful tenderer.
                          Article 5                            3. Where the customs export formalities for the
                                                               mobilized product are completed in a Member State
1 . The successful tenderer shall give security of a           other than that in which the invitation to tender is
value of 1 2 ECU per tonne ; the security is intended          issued, the intervention agency of the latter Member
to guarantee that the operations specified in Article 1        State shall be responsible for the operations following
are duly completed . The security shall be forfeit if          tendering, including payment to the successful
those operations are not carried out within the pres           tenderer.
 ---pagebreak--- 4. 8 . 79                         Official Journal of the European Communities                          No L 198 /27
In such case, the intervention agency choosing the           The intervention agency shall transmit the informa­
successful tenderer shall immediately inform the inter­      tion provided to the Commission as soon as it is
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 operations 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 Article 3 (2) to    tion necessary for releasing the security.
the tenderer in the currency of the Member State in
which the operations relating to the tendering are                                    Article 8
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, 3 August 1979.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President