CELEX: 31975R2342
Language: en
Date: 1975-09-12 00:00:00
Title: Regulation (EEC) No 2342/75 of the Commission of 12 September 1975 opening an invitation to tender for the mobilization of round and long grain milled rice as food aid for the International Committee of the Red Cross

No L 241 / 30                             Official Journal of the European Communities                             13 . 9 . 75
                             REGULATION ( EEC) No 2342/75 OF THE COMMISSION
                                                       of 12 September 1975
               opening an invitation to tender for the mobilization of round and long grain
                  milled rice as food aid for the International Committee of the Red Cross
THE COMMISSION OF THE EUROPEAN                                       tion to tender for supplies to the International
COMMUNITIES,                                                         Committee of the Red Cross will be fulfilled ;
Having regard to the Treaty establishing the European                Whereas the Italian intervention agency should be
Economic Community ;                                                 made responsible for the tendering procedure ;
Having regard to Council Regulation No 359/                          Whereas the Commission must be informed quickly
67/ EEC (') of 25 July 1967 on the common organiza­                  of the tenders submitted in response to the invitation
tion of the market in rice, as last amended by Regula­               and of those accepted by the intervention agency ;
tion (EEC) No 668 /75 (2 );
                                                                     Whereas the Monetary Committee will be consulted ;
Having regard to Council Regulation (EEC) No                         whereas, in view of the urgency, the measures envis­
1 693/72 (3 ) of 3 August 1972 laying down the condi­                aged should be adopted in accordance with the condi­
tions for the mobilization of cereals as food aid , and              tions laid down in Article 3 (2) of Council Regulation
in particular Article 6 thereof ;                                    No 129 (4) on the value of the unit of account and the
                                                                     exchange rates to be applied for the purposes of the
Whereas on 16 April 1975 the Commission of the                       common agricultural policy, as last amended by Regu­
European Communities declared that it proposed , by                  lation ( EEC) No 2543/73 (5), and in particular Article
                                                                     3 thereof ;
way of Community action, to grant the equivalent of
9 827 metric tons of husked rice (in other words,
2 000 metric tons of round grain milled rice and                     Whereas the measures provided for in this Regulation
5 000 metric tons of long grain milled rice) to the                  are in accordance with the Opinion of the Manage­
International Committee of the Red Cross under its                   ment Committee for Cereals ,
 1973 / 74 food-aid programme ; •*
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 1693/72 the goods may be purchased                     HAS ADOPTED THIS REGULATION :
anywhere on the Community market ;
Whereas the proposed invitation to tender should be                                              Article 1
for supply of the products delivered cif, that is at the
moment when the goods are actually placed on the                     1 . Tenders are hereby invited for supply to the
dock or in the lighter where applicable ;                            International Committee of the Red Cross, by way of
                                                                     Community action , of 2 000 metric tons of round
Whereas in view of the different monetary circum­                    grain milled rice and 5 000 metric tons of long grain
stances in the Member States, the observation of these               milled rice .
conditions is not guaranteed by the application of
exchange rates applicable in the framework of the                    2. The tendering procedure shall take place in Italy
common agricultural policy since monetary compensa­                  in one lot. The product shall be mobilized on the
tory amounts do not apply in the rice sector ; whereas               Community market. The product shall be loaded for
it is advisable to take account of the monetary situa­               departure from any Community port .
tion as regards different offers ;
                                                                     3 . The invitation to tender provided for in para­
Whereas the award under the invitation to tender                     graph 1 is for supply of products delivered cif, that is
must be made to the tenderer offering the best terms ;               at the moment when the goods are actually placed on
                                                                     the dock or in the lighter where applicable .
Whereas provision should be made for security to be
given for the purpose of guaranteeing that the obliga­               The recipient country shall bear all costs subsequent
tions arising by virtue of participation in the invita               to delivery of the goods, including unloading costs on
                                                                     reception of the goods .
(') OJ No L 174, 31 . 7 . 1967, p. 1 .
(-') OJ No L 72, 20 . 3 . 1975 , p . 18 .                            (4) OJ No L 106, 30 . 10 . 1962, p . 2553/62.
(J ) OJ No L 178 , 5 . 8 . 1972, p . 3 .                             (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .
 ---pagebreak---   13 . 9 . 75                          Official Journal of the European Communities                         No L 241 /31
 Any possible demurrage costs or dispatch money at                intervention agency may cancel the invitation to
 the port of unloading shall be a charge on or for the            tender.
 benefit of the International Committee of the Red
 Cross. The rates and detailed arrangements relating                                        Article 5
 thereto laid down in the contract between the autho­
 rized agent of the Community and the carrier must                 1 . The successful tenderer shall give security of a
 have been agreed upon in advance by the authorized               value of 10 units of account per metric ton ; the secu­
 agent and the receiving agent of the recipient country.          rity is intended to guarantee that the operations speci­
                                                                  fied in Article 1 are duly completed. The security
 4. The successful tenderer shall deliver the product             shall be forfeit if those operations are not carried out
 specified in paragraph 1 cif to the port of Da-Nang in           within the prescribed time limit, save as regards quan­
 new jute sacks, having a net capacity of 50 kg.                  tities not delivered owing to force majeure.
 On the sacks shall be printed a Red Cross, 15 cm by
  15 cm as well as the following :                                2. The security provided for in paragraph 1 may be
                                                                 given in the form of a cash deposit or of a guarantee
 'RIZ — DON DE LA COMMUNAUTÉ ÉCONO­                               issued by a credit institution conforming to the
 MIQUE        EUROPÉENNE/ACTION               DU    COMITÉ        criteria laid down by the Member State .
 INTERNATIONAL DE LA CROIX-ROUGE .'
                                                                                            Article 6
                            Article 2
                                                                  1 . The round and long grain milled rice referred to
 1 . The decision on tenders received in response to              in Article 1 to be supplied to the International
 the invitation provided for in Article 1 shall be taken          Committee of the Red Cross must meet the following
 on 22 September 1975.                                            requirements :
 2. The closing date for the submission of tenders               — moisture : 15 % ,
 shall be 22 September 1975 at 12 noon .                         — broken rice : 5 % maximum,
 3.     The     notice   of invitation to  tender   shall  be    —     chalky grains : 3 % maximum,
 published in the Official Journal of the European               —     grains striated with red : 3 % maximum ,
 Communities not less than six days before the closing           —     spotted grains : 1 % maximum ,
date for the submission of tenders .
                                                                 —     stained grains : 0-50 % maximum ,
                            Article 3                            —     yellow grains : 0-050 % maximum ,
                                                                 —     amber grains : 0-125 % maximum .
 1.     The prices offered must be expressed in the
currency of the Member State in which the invitation             Rice not meeting these requirements shall be refused.
to tender was issued .
                                                                 2. Tenders for supply to the International
2. For the purpose of rendering the tenders compar­              Committee of the Red Cross of the round and long
able, the prices shall , where appropriate, be corrected         grain milled rice referred to in Article 1 must relate to
by the accession compensatory amount applicable on               a product with the following characteristics :
the closing date for submission of tenders to exports            — moisture : 1 5 % ,
from the Member State mentioned in the tender .
                                                                 — broken rice : 5 % maximum ,
3.      The rates used for converting into units of              —     chalky grains : 3 % maximum ,
account those offers made in national currencies shall
be :                                                             —     grains striated with red : 3 % maximum ,
                                                                 —     spotted grains : 1 % maximum ,
— the       central    rate in   cases where    the  relevant
      currency is held at any given moment within a              —     stained grains : 0-50 % maximum ,
      band of 2-25 % ,                                           —     yellow grains : 0-050 % maximum ,
— in other cases the average spot exchange rate                  —     amber grains : 01 25 % maximum .
      during the period from Wednesday of one week to
      Tuesday of the following week and which immedi­                                      Article 7
      ately precedes the time limit for the submission of
      tenders .                                                  1 . The Italian intervention agency shall be respon­
                                                                 sible for the operations relating to the invitation to
                            Article 4                            tender provided for by this Regulation .
                                                                 2.      It shall forthwith communicate to the Commis­
The contract shall be awarded to the tenderer offering
the best terms .                                                 sion the list of firms which have responded to the invi­
                                                                 tation to tender, specifying the terms of each tender,
However, if the tenders submitted do not appear to               together with the name and business name of the
correspond to normal market prices and costs, the                successful tenderer.
 ---pagebreak--- No L 241 /32                      Official Journal of the European Communities                               13 . 9 . 75
3. Where the customs export formalities for the              (b) the date of the departure of the ships ; the
mobilized product are completed in a Member State                expected date of arrival of the products at their
other than that in which the invitation to tender is             destination ;
issued, the intervention agency of the latter Member
State shall be responsible for the operations following      (c) all possible contingencies which might occur
tendering, including payment to the successful                   during transportation of the products .
tenderer.
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
                                                             received .
vention agency of the Member State concerned and
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
relating to the tendering are completed .
4. The intervention agency shall ask that the                                        Article 8
tenderer specifies the following information :
(a) after each shipment, a statement giving details of       This Regulation shall enter into force on the day of its
    the quantities loaded, the quality of the products       publication in the Official Journal of the European
    and their packaging ;                                     Com munities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 12 September 1975.
                                                                        For the Commission
                                                                          P.J. LARDINOIS
                                                                   Member of the Commission