CELEX: 31978R3053
Language: en
Date: 1978-12-22 00:00:00
Title: Commission Regulation (EEC) No 3053/78 of 22 December 1978 opening an invitation to tender for the mobilization of husked long grain rice as food aid for Caritas

No L 361 /48                           Official Journal of the European Communities                             23 . 12. 78
                                   COMMISSION REGULATION (EEC) No 3053/78
                                                    of 22 December 1978
              opening an invitation to tender for the mobilization of husked long grain rice as
                                                     food aid for Caritas
THE COMMISSION OF THE EUROPEAN                                    Whereas provision should be made for security to be
COMMUNITIES,                                                      given to guarantee fulfilment of the obligations arising
                                                                  by virtue of participation in the invitation to tender ;
Having regard to the Treaty establishing the European
Economic Community,                                               Whereas the Italian intervention agency should be
                                                                  made responsible for the tendering procedure ;
Having regard to Council Regulation (EEC) No
 1418/76 of 21 June 1976 on the common organiza­                  Whereas the Commission must be informed quickly
tion of the market in rice (*), as last amended by Regu­          of the tenders submitted in response to the invitation
lation (EEC) No 1 260/78 (2),                                     and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No                      Whereas the Monetary Committee will be consulted ;
2750/75 of 29 October 1975 laying down the condi­                 whereas, in view of the urgency, the measures envis­
tions for the mobilization of cereals as food aid (3), and        aged should be adopted in accordance with the condi­
in particular Article 6 thereof,                                  tions laid down in Article 3 (2) of Council Regulation
                                                                  No 129 on the value of the unit of account and the
                                                                  exchange rates to be applied for the purposes of the
Whereas on 25 March 1976 the Council of the Euro­                 common agricultural policy (4), as last amended by
pean Communities declared that it proposed, by way                Regulation (EEC) No 2543/73 (5), and in particular
of Community action, to grant 2 500 tonnes of                     Article 3 thereof ;
husked long grain rice to the League of Red Cross
Societies under its 1975/76 food-aid programmes ;
                                                                  Whereas the measures provided for in this Regulation
                                                                  are in accordance with the opinion of the Manage­
Whereas pursuant to Article 3 (3) of Council Regula­              ment Committee for Cereals,
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;
Whereas tenders should be invited for the supply of               HAS ADOPTED THIS REGULATION :
the product to the port of shipment in the vicinity of
the vessel, the goods to be set down at the place nomi­
nated by the recipient or its agent ;
                                                                                             Article 1
Whereas in view of the different monetary circum­
stances in the Member States, the observation of these             1 . Tenders are hereby invited for the supply to
conditions is not guaranteed by the application of                Caritas, by way of Community food-aid action, of
exchange rates applicable in the framework of the                 2 500 tonnes of husked long grain rice.
common agricultural policy since monetary compensa­
tory amounts do not apply in the rice sector ; whereas            2. The tendering procedure shall take place in Italy
it is advisable to take account of the monetary situa­            in one lot. The product shall be mobilized on the
tion as regards different offers ;                                Community market. The product shall be loaded for
                                                                  departure from any Community port.
Whereas the award under the invitation to tender
must be made to the tenderer offering the best terms ;            3 . The product referred to in paragraph 1 is to be
                                                                  delivered in new jute sacks of a net capacity of 50 kilo­
Whereas, should force majeure make it impossible to               grams to the port of shipment in the vicinity of the
complete the operation in question within the time                vessel . The goods must be set down at the placc nomi­
limits specified, it must be made clear who is to bear            nated by the recipient country or its agent, the timing
the liability for any resulting costs ;                           of delivery being settled by the tenderer and the recip­
                                                                  ient country's agent.
(!) OJ No L 166, 25 . 6 . 1976, p. 1 .
(2) OJ No L 156, 14. 6. 1978 , p. 11 .                            («) 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--- 23 . 12. 78                          Official Journal of the European Communities                        No L 361 /49
Minimum weight of the sacks shall be 600 grams. The                                     Article 6
following shall be printed on the sacks :
                                                                1 . The successful tenderer shall give security of a
'Riz décortiqué / Don de la Communauté écono­                  value of 10 units of account per tonne ; the security is
mique européenne / Pour distribution gratuite à Haïti          intended to guarantee that the operations specified in
/ Port-au-Prince / Action de Cathwel '.
                                                               Article 1 are duly completed. The security shall be
To allow for the possibility of re-bagging, the                forfeit if those operations are not carried out within
successful tenderer shall supply 2 % of new empty              the prescribed time limit, save as regards quantities
sacks, of the same quality as those containing the             not delivered owing to force majeure.
goods but with the printing followed by a capital              2. The security provided for in paragraph 1 may be
letter 'R'.
                                                               in the form of a cash deposit or of a guarantee issued
                                                               by a credit institution conforming to the criteria laid
                          Article 2                            down by the Member State.
1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken                                 Article 7
on 8 January 1979 .
                                                               The husked long grain rice referred to in Article 1 to
2. The closing date for the submission of tenders              be supplied to Caritas must meet the following re­
shall be 8 January 1979 at 12 noon .                           quirements :
3.     The    notice   of invitation  to  tender shall   be    (a) rice, free of odour, of a sound and fair marketable
published in the Official Journal of the European                   quality ;
Communities not less than nine days before the                 (b) moisture content : 1 5 % ;
closing date for the submission of tenders.                    (c) percentage of rice grains which are not of unim­
                                                                    paired quality :
                          Article 3
                                                                    — paddy grains : 1 % ,
 1 . The prices offered must be expressed in the                    — broken rice : 5 % ,
currency of the Member State in which the invitation                — green grains or grains showing natural malfor­
to tender was issued.
                                                                        mation 5 % (including up to 0-5 % of red
2.     The rates used for converting into units of                      grains) ;
account those offers made in national currencies shall
be :
                                                               (d) tolerance of extraneous matter, consisting of :
— the      central   rate in   cases where    the  relevant         — mineral or vegetable inedible substances
                                                                        provided that they are not toxic : 0-01 % ,
     currency is held at any given moment within a
     band of 2-25 % ,                                               — extraneous grains or parts thereof, edible :
                                                                        0-10 % ;
— in other cases the average spot exchange rate
     during the period from Wednesday of one week to           (e) when wholly milled, percentage of wholly milled
     Tuesday of the following week and which immedi­                rice grains which are not of unimpaired quality :
     ately precedes the time limit for the submission of
     tenders .                                                      —   chalky grains : 5 % ,
                                                                    —   spotted grains : 1-5 % ,
                          Article 4                                 —   yellow grains : 0-05 % ,
The contract shall be awarded to the tenderer offering              —   stained grains : 1 % ,
the best terms .                                                    —   amber grains : 0-20 % .
However, if the tenders submitted do not appear to              Rice not meeting these requirements shall be refused.
correspond to normal market prices and costs, the
intervention agency may cancel the invitation to                                        Article 8
tender.
                                                                1 . The Italian intervention agency shall be respon­
                          Article 5                             sible for the operations relating to the invitation to
                                                                tender provided for by this Regulation .
If the tenderer is unable to deliver the goods in
compliance with Article 1 (3) on the date given in the          2.    It shall forthwith communicate to the Commis­
notice of invitation to tender as a result of the late          sion the list of firms which have responded to the invi­
availability of the vessels to be used for sea transporta­      tation to tender, specifying the terms of each tender,
tion, the resulting costs shall be borne by the interven­       together with the name and business name of the
tion agency.                                                    successful tenderer.
 ---pagebreak--- No L 361 / 50                      Official Journal of the European Communities                             23 . 12. 78
3. Where the customs export formalities for the              (b) the date of departure of the vessels.
mobilized product are completed in a Member State            The information indicated above shall be forwarded
other than that in which the invitation to tender is
                                                             by the intervention agency to the Commission imme­
issued, the intervention agency of the latter Member
                                                             diately upon receipt.
State shall be responsible for the operations following
tendering, including payment to the successful               5 . When the intervention agency responsible for
tenderer.                                                    the operations relating to tendering is not the interven­
                                                             tion agency which appoints the successful tenderer, it
In such case, the intervention agency choosing the           shall send as soon as possible to the latter the informa­
successful tenderer shall immediately inform the inter­      tion necessary for releasing the security.
vention agency of the Member State concerned and
shall supply it with all the information which it may                                Article 9
require.
                                                             On delivery of the goods at the port of shipment, a
Furthermore the amount of the successful tender shall
                                                             handing-over certificate shall be supplied to the
be paid after it has been converted using the average        successful tenderer, acting as agent for the Commu­
of the spot rates referred to in the second subpara­         nity, by the agent of the recipient country or, in the
graph of Article 3 (2) to the tenderer in the currency       absence of the latter, by the intervention agency of the
of the Member State in which the operations relating         Member State in whose territory the port of shipment
to the tendering are completed .                             is situated .
4. The intervention agency shall request the
                                                                                     Article 10
successful tenderer to supply the following informa­
tion :
                                                             This Regulation shall enter into force on the day of its
(a) after each shipment a certificate showing the quan­      publication in the Official Journal of the European
    tities dispatched and the quality of the products ;      Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 22 December 1978 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President