CELEX: 31979R1781
Language: en
Date: 1979-08-10 00:00:00
Title: Commission Regulation (EEC) No 1781/79 of 10 August 1979 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the International Committee of the Red Cross

11 . 8 . 79                               Official Journal of the European Communities                        No L 203/35
                                       COMMISSION REGULATION (EEC) No 1781 /79
                                                          of 10 August 1979
                 opening an invitation to tender for the mobilization of milled long grain rice as
                                food aid for the International Committee of the Red Cross
 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 provisions should be made for security to be
 1418/76 of 21 June 1976 on the common organiza­                      given to guarantee fulfilment of the obligations arising
 tion of the market in rice ('), as last amended by Regu­             by virtue of participation in the invitation to tender
 lation (EEC) No 1 260 /78 (2),                                       for supplies to the International Committee of the
                                                                      Red Cross ;
 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)
 No 2543/73 (5), and in particular Article 3 thereof,                 Whereas the measures provided for in this Regulation
                                                                      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 500 tonnes of milled long
grain rice to the International Committee of the Red
 Cross 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                         International Committee of the Red Cross, by way of
anywhere on the Community market ;                                    Community food-aid action, of 500 tonnes of milled
                                                                      long grain rice.
Whereas the proposed invitation to tender should be
 for supply of the products delivered Corinto or Puerto               2.    The tendering procedure shall take place in Italy
Somoza, that is at the moment when the goods are                      in one lot.
 actually placed on the dock or in the lighter where
 applicable ;
                                                                      The product shall be mobilized on the Community
Whereas in view of the different monetary circum­                     market. Shipment shall be from any Community port.
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 Corinto or
common agricultural policy since monetary compensa­                   Puerto Somoza, that is at the moment when the goods
tory amounts do not apply in the rice sector ; whereas                are actually placed on the dock or in the lighter where
                                                                      applicable.
0)   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 203/36                           Official Journal of the European Communities                            11 . 8 . 79
On the sacks shall be printed a red cross, 15 x 15              2. The security provided for in paragraph 1 may be
cm, as well as the following :                                  given in the form of a cash deposit or of a guarantee
' NI-9 / Arroz / Donación de la Comunidad econo­                issued by a credit institution conforming to the
                                                                criteria laid down by the Member State.
mica europea / Acción del comité internacional de la
Cruz Roja / Destinado a la distribución gratuita'.
                                                                                         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 International Committee of
goods but with the printing followed by a capital               the Red Cross must meet the following requirements :
letter 'R\
                                                                — moisture : 15 % ,
                                                                — broken rice : 5 % maximum ,
                           Article 2
                                                                —    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 27 August 1979 .
                                                                —    stained grains : 1 % maximum,
2. The closing date for the submission of tenders               —    yellow grains : 0.050 % maximum,
shall be 27 August 1979 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 the International
closing date for the submission of tenders.                     Committee of the Red Cross of the milled long grain
                                                                rice referred to in Article 1 must relate to a product
                           Article 3                            with the following characteristics :
                                                                — moisture : 15 % ,
 1 . The prices offered must be expressed in the
                                                                — broken rice : 5 % maximum,
currency of the Member State in which the invitation
to tender was issued .                                          —    chalky grains : 5 % maximum,
                                                                —    grains striated with red : 3 % maximum,
2.     The rates used for converting into ECU those
offers made in national currencies shall be :                   —    spotted grains : 1.5 % maximum,
— the      central    rate in   cases where    the  relevant
                                                                —    stained grains : 1 % maximum,
     currency is held at any given moment within a              —    yellow grains : 0-050 % maximum,
     band of 2-25 % ,                                           —    amber grains : 0-20 % maximum .
— in other cases, the average spot exchange rate
     during the period from Wednesday of one week to                                     Article 7
     Tuesday of the following week and which immedi­
     ately precedes the time limit for the submission of         1 . The Italian intervention agency shall be respon­
     tenders .                                                  sible for the operations relating to the invitation to
                                                                tender provided for by this Regulation .
                           Article 4                            2.     It shall forthwith communicate to the Commis­
                                                                sion the list of firms which have responded to the invi­
The contract shall be awarded to the tenderer offering          tation to tender, specifying the terms of each tender,
the best terms .
                                                                together with the name and business name of the
                                                                successful tenderer.
However, if the tenders submitted do not appear to
correspond to normal market prices and costs, the               3 . Where the customs export formalities for the
intervention agency may cancel the invitation to                mobilized product are completed in a Member State
tender.
                                                                other than that in which the invitation to tender is
                                                                issued, the intervention agency of the latter Member
                           Article 5                            State shall be responsible for the operations following
                                                                tendering, including payment to the successful ten­
1 . The successful tenderer shall give security of a            derer.
value of 12 ECU per tonne ; the security is intended
to guarantee that the operations specified in Article 1         In such case, the intervention agency choosing the
are duly completed. The security shall be forfeit if            successful tenderer shall immediately inform the inter­
those operations are not carried out within the pres­           vention agency of the Member State concerned and
cribed time limit, save as regards quantities not deliv­        shall supply it with all the information which it may
ered owing to force majeure.                                    require.
 ---pagebreak---  11 . 8 . 79                       Official Journal of the European Communities                            No L 203 /37
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, 10 August 1979.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President