CELEX: 31978R1382
Language: en
Date: 1978-06-23 00:00:00
Title: Commission Regulation (EEC) No 1382/78 of 23 June 1978 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the Republic of Guinea

No L 167/20                          Official Journal of the European Communities                            24. 6 . 78
                                 COMMISSION REGULATION (EEC) No 1382/78
                         /                           of 23 June 1978
              opening an invitation to tender for the mobilization of milled long grain rice as
                                         food aid for the Republic of Guinea
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 Republic of Guinea
                                                                will be fulfilled ;
Economic Community,
                                                                Whereas the Italian intervention agency should be
Having regard to Council Regulation (EEC) No                    made responsible for the tendering procedure in ques­
1418/76 of 21 June 1976 on the common organiza­                 tion ;
tion of the market in rice ^), as amended by Regula­
tion (EEC) No 1126/78 0,
                                                                Whereas the Commission must be informed quickly
                                                                of the tenders submitted in response to the invitation
Having regard to Council Regulation (EEC) No                    and of those accepted by the intervention agency ;
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and
in particular Article 6 thereof,                                Whereas the Monetary Committee will be consulted ;
                                                                whereas, in view of the urgency, the measures envis­
                                                                aged should be adopted in accordance with the condi­
Whereas on 30 January 1978 the Council of the Euro­             tions laid down in Article 3 (2) of Council Regulation
pean Communities declared that it proposed, by way              No 129 on the value of the unit of account and the
of Community action, to grant the equivalent of 2 500           exchange rates to be applied for the purposes of the
tonnes of husked rice (in other words, 1 725 tonnes of          common agricultural policy (4), as last amended by
milled long grain rice) to the Republic of Guinea               Regulation (EEC) No 2543/73 (5), and in particular
under its 1977/78 food-aid programme ;                          Article 3 thereof ;
Whereas pursuant to Article 3 (3) of Council Regula­            Whereas the measures provided for in this Regulation
tion (EEC) No 2750/75 the goods may be purchased                are in accordance with the opinion of the Manage­
anywhere on the Community market ;                              ment Committee for Cereals,
Whereas the proposed invitation to tender should be
for supply of the products to the dock or in the
lighter where applicable at the port of unloading ;
                                                                HAS ADOPTED THIS REGULATION :
Whereas in view of the different monetary circum­
stances in the Member States, the observation of these
conditions is not guaranteed by the application of                                       Article 1
exchange rates applicable in the framework of the
common agricultural policy since monetary compensa­
tory amounts do not apply in the rice sector ; whereas           1.    Tenders are hereby invited for the supply to the
it is advisable to take account of the monetary situa­          Republic of Guinea by way of Community food-aid
tion as regards different offers ;                              action, of 1 725 tonnes of milled long grain rice.
Whereas the award under the invitation to tender                2. The tendering procedure shall take place in Italy
must be made to the tenderer offering the best terms ;          in one lot. The product shall be mobilized on the
                                                                Community market. The products shall be loaded for
                                                                departure from any Community port.
Whereas, should force majeure make it impossible to
complete the operation in question within the time
limits specified, it must be made clear who is to bear          3 . The invitation to tender provided for in para­
the liability for any resulting costs ;                         graph 1 is for supply of products to the dock, or in
                                                                the lighter where applicable in the port of Conakry.
(') OJ No L 166, 25. 6. 1976, p. 1 .
(2) OJ No L 142, 30. 5. 1978, p. 23.                            (<) OJ No 106, 30. 10. 1962, p. 2553/62.
(») OJ No L 281 , 1 . 11 . 1975, p. 89 .                        (®) OJ No L 263, 19 . 9. 1973, p. 1 .
 ---pagebreak---  24. 6. 78                          Official Journal of the European Communities                          No L 167/21
 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
  Riz — Don de la Communauté économique euro­                  issued by a credit institution conforming to the
 péenne à la République de Guinee'.                            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 milled long grain rice referred to in Article
 goods but with the printing followed by a capital              1 to be supplied to the Republic of Guinea must meet
 letter 'R'.                                1                  the following requirements :
                                                               — moisture : 1 5 % ;
                         Article 2                             — broken rice : 5 % 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
 on 10 July 1978 .                                             —    spotted grains : 1 -5 % maximum ;
                                                               —    stained grains : 1 % maximum ;
 2. The closing date for the submission of tenders             —    yellow grains : 0-050 % maximum ;
 shall be 10 July 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 the Republic of Guinea of
 closing date for the submission of tenders.                   the milled long grain rice referred to in Article 1 must
                                                               relate to a product with the following characteristics :
                         Article 3                            — moisture : 1 5 % ;
                                                              — broken rice : 5 % 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
                                                              tenderer.
                        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 167/ 22                      Official Journal of the European Communities                               24. 6. 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 auth­
(a) after each shipment, a statement giving details of
    the quantities loaded, the quality of the products
                                                             orized to make an initial payment of 80 % of the
                                                             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, 23 June 1978 .
                                                                      For the Commission
                                                                       Finn GUNDELACH
                                                                          Vice-President