CELEX: 31979R2246
Language: en
Date: 1979-10-12 00:00:00
Title: Commission Regulation (EEC) No 2246/79 of 12 October 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

No L 258/ 18                            Official Journal of the European Communities                           13 . 10 . 79
                                   COMMISSION REGULATION (EEC) No 2246/79
                                                      of 12 October 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                                    Whereas the award under the invitation to tender
COMMUNITIES,                                                      must be made to the tenderer offering the best terms ;
Having regard to the Treaty establishing the European             Whereas provisions should be made for security to be
Economic Community,                                               given to guarantee fulfilment of the obligations arising
                                                                  by virtue of participation in the invitation to tender
Having regard to Council Regulation (EEC) No                      for supplies to the International Committee of the
1418/76 of 21 June 1976 on the common organiza­                   Red Cross ;
tion of the market in rice (*), as last amended by Regu­
lation (EEC) No 1552/79 (2),
                                                                  Whereas the Italian intervention agency should be
                                                                   made responsible for the tendering procedure ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and        Whereas the Commission must be informed quickly
in particular Article 6 thereof,                                  of the tenders submitted in response to the invitation
                                                                  and of those accepted by the intervention agency ;
Having regard to Council Regulation No 129 on the
value of the unit of account and the exchange rates to            Whereas the measures provided for in this Regulation
be applied for the purposes of the common agricul­                are in accordance with the opinion of the Manage­
tural policy (4), as last amended by Regulation (EEC)              ment Committee for Cereals,
No 2543/73 (5), and in particular Article 3 thereof,
Having regard to the opinion of the Monetary
Committee ,
                                                                   HAS ADOPTED THIS REGULATION :
Whereas on 8 May 1979 the Council of the European
Communities declared that it proposed, by way of
Community action, to grant 690 tonnes of milled long
grain rice to the International Committee of the Red                                     Article 1
Cross under its 1978/79 food-aid programme ;
                                                                   1 . Tenders are hereby invited for the supply to the
Whereas pursuant to Article 3 (3) of Council Regula­               International Committee of the Red Cross, by way of
tion (EEC) No 2750/75 goods may be purchased                       Community food-aid action, of 690 tonnes of milled
anywhere on the Community market ;                                 long grain rice.
Whereas the proposed invitation to tender should be
                                                                   2.   The tendering procedure shall take place in Italy
for supply of the products delivered to Manila, that is            in one lot.
at the moment when the goods are actually placed on
the quay 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 to Manila,
common agricultural policy since monetary compensa­                that is at the moment when the goods are actually
tory amounts do not apply in the rice sector ; whereas             placed on the quay or in the lighter where applicable.
it is advisable to take account of the monetary situa­
tion as regards different offers ;
                                                                   4. The successful tenderer shall deliver the product
(1 ) OJ No L 166, 25. 6. 1976, p. 1 .                              specified in paragraph 1 in new jute sacks lined with
( 2) OJ No L 188, 26 . 7. 1979, p. 9 .                             cotton sacks of a net capacity of 50 kilograms.
(3)  OJ No L 281 , 1 . 11 . 1975, p. 89.
(4)  OJ No 106, 30 . 10. 1962, p. 2553/62.
(5)  OJ No L 263, 19 . 9 . 1973, p. 1 .                            Minimum weight of sacks shall be 600 grams.
 ---pagebreak--- 13 . 10 . 79                         Official Journal of the European Communities                         No L 258 / 19
On the sacks shall be printed a red cross 15 x 15 cm,          2. The security provided for in paragraph 1 may be
as well as the following :                                     given in the form of a cash deposit or of a guarantee
'Milled rice / Gift of the European Economic Commu­            issued by a credit institution conforming to the
nity / Action of the International Committee of the            criteria laid down by the Member State.
Red Cross / For free distribution / Manila'.
                                                                                         Article 6
To allow for the possibilities 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 29 October 1979 .
                                                               —    stained grains : 1 % maximum,
2.     The closing date for the submission of tenders          —    yellow grains : 0-050 % maximum,
shall be 29 October 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
currency of the Member State in which the invitation           — broken rice : 5 % maximum,
to tender was issued .                                          —   chalky grains : 5 % maximum,
2.     The rates used for converting into ECU those             —   grains striated with red : 3 % maximum,
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
 1 . The successful tenderer shall give security of a           tenderer.
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--- No L 258/20                       Official Journal of the European Communities                              13 . 10 . 79
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 shipment, a statement giving details of the        orized to make an initial payment of 80 % of the
    quantities loaded, the quality of the products and       value of the quantity given in the bill of lading, on
    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, 12 October 1979 .
                                                                      For the Commission
                                                                       Finn GUNDELACH
                                                                          Vice-President