CELEX: 31978R1109
Language: en
Date: 1978-05-26 00:00:00
Title: Commission Regulation (EEC) No 1109/78 of 26 May 1978 opening an invitation to tender for the mobilization of round grain milled rice as food aid for Guinea Bissau

No L 140/ 14                          Official Journal of the European Communities                             27 . 5 . 78
                                  COMMISSION REGULATION ( EEC) No 1109/78
                                                      of 26 May 1978
              opening an invitation to tender for the mobilization of round grain milled rice
                                              as food aid for Guinea Bissau
THE COMMISSION OF THE EUROPEAN                                    tions arising by virtue of participation in the invita­
COMMUNITIES,                                                      tion to tender for supplies to Guinea Bissau will be
                                                                  fulfilled ;
 Having regard to the Treaty establishing the European
 Economic Community,                                              Whereas the Italian intervention agency should be
                                                                  made responsible for the tendering procedure in ques­
 Having regard to Council Regulation (EEC) No                     tion ;
 1418 /76 of 21 June 1976 on the common organiza­
tion of the market in rice ('), as amended by Regula­           • Whereas the Commission must be informed quickly
tion (EEC) No 709/78 (2),                                         of the tenders submitted in response to the invitation
                                                                  and of those accepted by the intervention agency ;
 Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                 Whereas the Monetary Committee will be consulted ;
tions for the mobilization of cereals as food aid (3), 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 8 February 1977 the Council of the Euro­                No 129 on the value of the unit of account and the
 pean Communities declared that it proposed, by way               exchange rates to be applied for the purposes of the
of Community action , to grant the equivalent of 1 500            common agricultural policy (4), as last amended by
 tonnes of husked rice (in other words, 1 408 tonnes of           Regulation (EEC) No 2543/73 (5), and in particular
 round grain milled rice) to Guinea Bissau under its              Article 3 thereof ;
 1976/77 food-aid programme ;
                                                                  Whereas the measures provided for in this Regulation
Whereas pursuant to Article 3 (3) of Council Regula­              are in accordance with the opinion of the Manage­
 tion (EEC) No 2750/75 the goods may be purchased                 ment Committee for Cereals,
anywhere on the Community market ;
Whereas the proposed invitation to tender should be
for supply of the products delivered in the ship's hold           HAS ADOPTED THIS REGULATION :
at the port of unloading ;
Whereas, in view of the different monetary circum­                                           Article 1
stances in the Member States, the observation of these
conditions is not guaranteed by the application of
exchange rates applicable in the framework of the                  1 . Tenders are hereby invited for the supply to
common agricultural policy since monetary compensa­               Guinea Bissau, by way of Community food-aid action,
tory amounts do not apply in the rice sector ; whereas            of 1 408 tonnes of round grain milled rice.
it is advisable to take account of the monetary situa­
tion as regards different offers ;                                2. The tendering procedure shall take place in Italy
                                                                  in one lot. The product shall be mobilized on the
Whereas the award under the invitation to tender                  Community market. The product shall be loaded for
must be made to the tenderer offering the best terms ;            departure from any Community port.
Whereas, should force majeure make it impossible to               3 . The invitation to tender provided for in para­
complete the operation in question within the time                graph 1 is for supply of products delivered in the
limits specified, it must be made clear who is to bear            ship's hold at the port of unloading (Bissau).
the liability for any resulting costs ;
                                                                  The recipient country shall bear all costs subsequent
Whereas provision should be made for security to be               to delivery of the goods, including unloading costs
given for the purpose of guaranteeing that the obliga­            (such as unstowing, hoisting and reception) and any
                                                                  lighterage costs .
(>) OJ No L 166, 25. 6. 1976, p. 1 .
(2) OJ No L 94, 8 . 4. 1978 , p. 9 .                              (4) OJ No 106, 30 . 10 . 1962, p. 2553/62.
(3) OJ No L 281 , 1 . 11 . 1975, p. 89 .                          (5) OJ No L 263 , 19 . 9 . 1973 , p. 1 .
 ---pagebreak---  27 . 5 . 78                          Official Journal of the European Communities                         No L 140/ 15
 4.    The successful tenderer shall deliver the product         forfeit if those operations are not carried out within
 specified in paragraph 1 in new jute sacks of a net             the prescribed time limit, save as regards quantities
 capacity of 50 kilograms.                                       not delivered owing to force majeure.
 Minimum weight of the sacks shall be 600 grams. The             2. The security provided for in paragraph 1 may be
 following shall be printed on the sacks :                      given in the form of a cash deposit or of a guarantee
 'Arroz blanqueado / Dom de la Comunidade econ­                  issued by a credit institution conforming to the
 ómica europeia'.                                                criteria laid down by the Member State.
 To allow for the possibility of re-bagging, the                                          Article 6
 successful tenderer shall supply 2 % of new empty
 sacks, of the same quality as those containing the              1 . The round grain milled rice referred to in Article
 goods but with the printing followed by a capital               1 to be supplied to Guinea Bissau must meet the
 letter ' R'.                                                    following requirements :
                                                                — moisture : 1 5 % ;
                           Article 2                            — broken rice : 35 % maximum ;
                                                                —    chalky grains : 5 % maximum ;
 1 . The decision on tenders received in response to
                                                                —    grains striated with red : 3 % maximum ;
 the invitation provided for in Article 1 shall be taken
                                                                —    spotted grains : 1 -5 % maximum ;
 on 12 June 1978 .
                                                                —    stained grains : 1 % maximum ;
 2. The closing date for the submission of tenders              —    yellow grains : 0-050 % maximum ;
 shall be 12 June 1978 , at 12 noon .                           —    amber grains : 0.20 % maximum .
 3.    The     notice   of invitation to   tender  shall  be    Rice not meeting these requirements shall be refused.
 published in the Official Journal of the European
 Communities, not less than nine days before the
                                                                2. Tenders for supply to Guinea Bissau of the
 closing date for the submission of tenders.                    round grain milled rice referred to in Article 1 must
                                                                relate to a product with the following characteristics :
                           Article 3                            — moisture : 1 5 % ;
                                                                — broken rice : 35 % maximum ;
-1 . The prices offered must be expressed in the                —    chalky grains : 5 % maximum ;
 currency of the Member State in which the invitation           —    grains striated with red : 3 % maximum ;
 to tender was issued .                                         —    spotted grains : 1 .5 % maximum ;
                                                                —    stained grains : 1 % maximum ;
 2.    The rates used for converting into units of              —    yellow grains : 0.050 % maximum ;
account those offers made in national currencies shall
                                                                —    amber grains : 0.20 % maximum .
be :
— the       central   rate in   cases where    the  relevant                              Article 7
     currency is held at any given moment within a
     band of 2-25 % ,                                            1 . The Italian intervention agency shall be respon­
— in other cases, the average spot exchange rate                sible for the operations relating to the invitation to
     during the period from Wednesday of one week to            tender provided for by this Regulation .
     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
     tenders .                                                  sion the list of firms which have responded to the invi­
                                                                tation to tender, specifying the terms of each tender
                                                                together with the name and business name of the
                           Article 4                            successful tenderer.
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
reflect normal market prices and costs, the interven­           State shall be responsible for the operations following
tion agency may cancel the invitation to tender.                tendering, including payment to the successful ten­
                                                                derer .
                           Article 5
                                                                In such case, the intervention agency choosing the
1.     The successful tenderer shall give security of a         successful tenderer shall immediately inform the inter­
value of 10 units of account per tonne ; the security is        vention agency of the Member State concerned and
intended to guarantee that the operations specified in          shall supply it with all the information which it may
Article 1 are duly completed . The security shall be            require .
 ---pagebreak--- No L 140 / 16                    Official Journal of the European Communities                                27 . 5 . 78
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 operations relating to tendering is not the interven­
average of the spot rates referred to in the second          tion agency which appoints the successful tenderer, it
subparagraph of Article 3 (2) to the tenderer in the         shall send as soon as possible to the latter the informa­
currency of the Member State in which the operations         tion necessary for releasing the security.
relating to the tendering are completed.
4. The intervention agency shall ask that the                                        Article 8
tenderer specifies the following information :
                                                             As regards this tender the intervention agency is
(a) after each shipment, a statement giving details of       authorized 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, 26 May 1978 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President