CELEX: 31978R1795
Language: en
Date: 1978-07-28 00:00:00
Title: Commission Regulation (EEC) No 1795/78 of 28 July 1978 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the League of Red Cross Societies

No L 205 /40                          Official Journal of the European Communities                             29 . 7 . 78
                                 COMMISSION REGULATION ( EEC) No 1795 / 78
                                                      of 28 July 1978
              opening an invitation to tender for the mobilization of milled long grain rice as
                                   food aid for the League of Red Cross Societies
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
                                                                tion to tender 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
tion ( EEC) No 1 260/78 (2 ),                                   Whereas the Commission must be informed quickly
                                                                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
tions for the mobilization of cereals as food aid (3 ), and     Whereas the Monetary Committee will be consulted ;
in particular Article 6 thereof,                                whereas, in view of the urgency, the measures envis­
                                                                 aged should be adopted in accordance with the condi­
                                                                 tions laid down in Article 3 (2) of Council Regulation
Whereas on 30 January 1978 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 145
tonnes of husked rice (in other words, 100 tonnes of             common agricultural policy (4), as last amended by
                                                                 Regulation ( EEC) No 2543 / 73 (5 ), and in particular
milled long grain rice) to the League of Red Cross              Article 3 thereof ;
Societies under its 1977/78 food-aid programme ;
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
                                                                 ment Committee for Cereals ,
anywhere on the Community market ;
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                                    Article 1
conditions is not guaranteed by the application of
exchange rates applicable in the framework of the
common agricultural policy since monetary compensa­              1 . Tenders are hereby invited for the supply to the
tory amounts do not apply in the rice sector ; whereas           League of Red Cross Societies, by way of Community
it is advisable to take account of the monetary situa­           food-aid action , of 100 tonnes of milled long grain
                                                                 rice .
tion as regards different offers ;
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 Banjul .
(') OI No L 166, 25. 6 . 1976, p. 1 .
(-) O") No L 156, 14. 6. 1978, p. 1 1 .                         (4 ) OJ No 106, 30 . 10 . 1962, p. 2553/62.
Ò) OJ No L 281 , 1 . 11 . 1975, p. 89.                          0) OJ No L 263 , 19 . 9 . 1973 , p. 1 .
 ---pagebreak---  29 . 7 . 78                          Official Journal of the European Communities                        No L 205 /41
 4. The successful tenderer shall deliver the product            intended to guarantee that the operations specified in
specified in paragraph 1 in new jute sacks lined with           Article 1 are duly completed . The security shall be
 cotton sacks of a net capacity of 50 kilograms.                 forfeit if those operations are not carried out within
                                                                 the prescribed time limit, save as regards quantities
 On the sacks shall be printed a red cross, 15 x 15              not delivered owing to force majeure.
 cm , as well as the following :
 'Milled rice / Gift of the European Economic Commu­             2. The security provided for in paragraph 1 may be
 nity / Action of the League of Red Cross Societies /           given in the form of a cash deposit or of a guarantee
 For free distribution Banjul '.                                 issued by a credit institution conforming to the
                                                                criteria laid down by the Member State .
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty
sacks, of the same quality as those containing the                                       Article 6
goods but with the printing followed by a capital
letter ' R '.
                                                                 1 . The milled long grain rice referred to in Article
                                                                 1 must meet the following requirements :
                           Article 2
                                                                — moisture : 1 5 % ,
 1 . The decision on tenders received in response to            — broken rice : 5 % maximum ,
the invitation provided for in Article 1 shall be taken         —    chalky grains : 5 % maximum ,
on 21 August 1978 .                                             —    grains striated with red : 3 % maximum ,
                                                                —    spotted grains : 1-5% maximum ,
2. The closing date for the submission of tenders               —    stained grains : 1 % maximum ,
shall be 21 August 1978 at 12 noon .                            —    yellow grains : 0-050 % maximum ,
3.     The     notice   of invitation to   tender  shall  be
                                                                —    amber grains : 0-20 % maximum .
published in the Official Journal of the European
 Communities, not less than nine days before the                Rice not meeting these requirements shall be refused .
closing date for the submission of tenders .
                                                                2. Tenders for supply of the milled long grain rice
                                                                referred to in Article 1 must relate to a product with
                           Article 3                            the following characteristics :
 1 . The prices offered must be expressed in the                — moisture : 15% ,
currency of the Member State in which the invitation            — broken rice : 5 % maximum ,
to tender was issued .
                                                                —    chalky grains : 5 % maximum ,
                                                                —    grains striated with red : 3 % maximum ,
2.     The rates used for converting into units of              —    spotted grains : 1-5% maximum ,
account those offers made in national currencies shall
be :
                                                                —    stained grains : 1 % maximum ,
                                                                —    yellow grains : 0-050 % maximum ,
— the       central   rate in   cases where    the  relevant    —    amber grains : 0-20 % maximum .
     currency is held at any given moment within a
     band of 2-25 % ,
— in other cases, the average spot exchange rate                                         Article 7
     during the period from Wednesday of one week to
     Tuesday of the following week and which immedi­            1 . The Italian intervention agency shall be respon­
     ately precedes the time limit for the submission of        sible for the operations relating to the invitation to
     tenders .                                                  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
reflect normal market prices and costs, the interven­           3.     Where the customs export formalities for the
tion agency may cancel the invitation to tender.                mobilized product are completed in a Member State
                                                                other than that in which the invitation to tender is
                           Article 5                            issued, the intervention agency of the latter Member
                                                                State shall be responsible for the operations following
1 . The successful tenderer shall give security of a            tendering, including payment to the successful
value of 10 units of account per tonne ; the security is        tenderer.
 ---pagebreak--- No L 205/42                       Official Journal of the European Communities                               29 . 7 . 78
In such case, the intervention agency choosing the           The intervention agency shall transmit the informa­
successful tenderer shall immediately inform the inter­      tion provided for to the Commission as soon as it is
vention agency of the Member State concerned and             received .
shall supply it with all the information which it may
require .                                                    5 . When the intervention agency responsible for
                                                             the operations relating to tendering is not the interven­
Furthermore , the amount of the successful tender            tion agency which appoints the successful tenderer, it
shall be paid after it has been converted using the          shall send as soon as possible to the latter the informa­
average of the spot rates referred to in the second          tion necessary for releasing the security.
subparagraph of Article 3 (2) to the tenderer in the
currency of the Member State in which the operations                                  Article 8
relating to the tendering are completed .
                                                             As regards this tender the intervention agency is auth­
4. The intervention agency shall ask that the                orized to make an initial payment of 80 % of the
tenderer specifies the following information :               value of the quantity given in the bill of lading, on
(a) after each shipment, a statement giving details of       presentation of that document and subject to the
    the quantities loaded , the quality of the products      taking of a security for an amount equal to the initial
    and their packaging ;                                    payment .
(b) the date of the departure of the ships ; the
                                                                                      Article 9
    expected date of arrival of the products at their
    destination ;                                            This Regulation shall enter into force on the day of its
(c) all possible contingencies which might occur             publication in the Official Journal of the European
    during transportation of the products.                   Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 28 July 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President