CELEX: 31979R1231
Language: en
Date: 1979-06-22 00:00:00
Title: Commission Regulation (EEC) No 1231/79 of 22 June 1979 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the League of Red Cross Societies

23 . 6 . 79                             Official Journal of the European Communities                          No L 156/ 5
                                    COMMISSION REGULATION ( EEC) No 1231 /79
                                                         of 22 June 1979
              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 the Commission must be informed quickly
COMMUNITIES,                                                        of the tenders submitted in response to the invitation
                                                                    and of those accepted by the intervention agency ;
 Having regard to the Treaty establishing the European
 Economic Community,                                                Whereas Council Regulation ( EEC) No 652/79 of 29
                                                                    March 1979 (4) laid down the coefficient for
 Having regard to Council Regulation ( EEC) No                      expressing amounts, fixed in units of account, in
 1418 /76 of 21 June 1976 on the common organiza­                   ECU ;
tion of the market in rice ('), as amended by Regula­
tion ( EEC) No 1 260 /78 (2 ),
                                                                   Whereas the measures provided for in this Regulation
Having regard to Council Regulation (EEC) No                        are in accordance with the opinion of the Manage­
                                                                    ment Committee for Cereals ,
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 on 8 May 1979 the Council of the European                   HAS ADOPTED THIS REGULATION :
Communities declared that it proposed , by way of
Community action , to grant the equivalent of 73
tonnes of husked rice (in other words, 50 tonnes of
                                                                                             Article 1
milled long grain rice) to the League of Red Cross
Societies 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                League of Red Cross Societies, by way of Community
tion ( EEC) No 2750/ 75 the goods may be purchased                  food-aid action , of 50 tonnes of milled long grain rice .
anywhere on the Community market ;
                                                                    2. The tendering procedure shall take place in Italy
Whereas the proposed invitation to tender should be                 in one lot. The product shall be mobilized on the
for supply of the products to the dock or in the                    Community market. The products shall be loaded for
lighter where applicable at the port of unloading ;                departure from any Community port .
Whereas in view of the different monetary circum­
stances in the Member States, the observation of these              3 . The invitation to tender provided for in para­
conditions is not guaranteed by the application of                 graph 1 is for supply of products to the dock, or in
exchange rates applicable in the framework of the                  the lighter where applicable in the port of Dakar.
common agricultural policy since monetary compensa­
tory amounts do not apply in the rice sector ; whereas             4. The successful tenderer shall deliver the product
it is advisable to take account of the monetary situa­             specified in paragraph 1 in new jute sacks lined with
tion as regards different offers ;                                 cotton sacks of a net capacity of 50 kilograms .
Whereas the award under the invitation to tender
                                                                   On the sacks shall be printed a red cross, 15 x 15
must be made to the tenderer offering the best terms ;             cm , as well as the following :
Whereas provision should be made for security to be                ' Riz blanchi / Don de la Communauté économique
given for the purpose of guaranteeing that the obliga­             européenne / Action de la ligue des sociétés de la
tions arising by virtue of participation in the invita­            Croix-Rouge / Pour distribution gratuite / Dakar.'
tion to tender will be fulfilled ;
                                                                   To allow for the possibility of re-bagging, the
Whereas the Italian intervention agency should be
made responsible for the tendering procedure in ques­              successful tenderer shall supply 2 % of new empty
tion ;                                                             sacks, of the same quality as those containing the
                                                                   goods but with the printing followed by a capital
                                                                   letter ' R '.
(') OJ No L 166, 25 . 6 . 1976, p. 1 .
(2 ) OJ No L 156, 14 . 6 . 1978 , p. 1 1 .
(3) OJ No L 281 , 1 . 11 . 1975, p. 89 .                           (4 ) OJ No L 84, 4. 4 . 1979, p. 1 .
 ---pagebreak---   No L 156/ 6                        Official Journal of the European Communities                            23 . 6 . 79
                          Article 2                            — moisture : 15% ,
                                                                — broken rice : 5 % maximum ,
  1 . The decision on tenders received in response to          —    chalky grains : 5 % maximum ,
 the invitation provided for in Article 1 shall be taken       —    grains striated with red : 3 % maximum ,
 on 5 July 1 979 .                                             —    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 5 July 1979 at 12 noon .                             —    amber grains : 0 20 % maximum .
 3.    The     notice of invitation  to   tender shall   be
 published in the Official Journal of the European              Rice not meeting these requirements shall be refused .
 Communities, not less than nine days before the
 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
                                                               —    stained grains : 1 % maximum ,
be :
                                                               —    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
     ately precedes the time limit for the submission of        1 . The Italian intervention agency shall be respon­
     tenders .                                                 sibly for the operations relating to the invitation to
                                                               tender provided for by this Regulation .
                          Article 4
                                                               2.     It shall forthwith communicate to the Commis­
The contract shall be awarded to the tenderer offering         sion the list of firms which have responded to the invi­
the best terms .                                               tation to tender, specifying the terms of each tender
                                                               together with the name and business name of the
However, if the tenders submitted do not appear to             successful tenderer.
reflect normal market prices and costs, the interven­
tion agency may cancel the invitation to tender.
                                                               3.     Where the customs export formalities for the
                                                               mobilized product are completed in a Member State
                          Article 5                            other than that in which the invitation to tender is
                                                               issued, the intervention agency of the latter Member
1 . The successful tenderer shall give security of a           State shall be responsible for the operations following
value of 12 ECU per tonne ; the security is intended           tendering, including payment to the successful
to guarantee that the operations specified in Article 1        tenderer.
are duly completed . The security shall be forfeit if
those operations are not carried out within the pres­
cribed time limit, save as regards quantities not deliv­       In such case, the intervention agency choosing the
ered owing to force majeure.                                   successful tenderer shall immediately inform the inter­
                                                               vention agency of the Member State concerned and
2. The security provided for in paragraph 1 may be             shall supply it with all the information which it may
given in the form of a cash deposit or of a guarantee          require.
issued by a credit institution conforming to the
criteria laid down by the Member- States.                      Furthermore, the amount of the successful tender
                                                               shall be paid after it has been converted using the
                          Article 6                            average of the spot rates referred to in the second
                                                               subparagraph of Article 3 (2) to the tenderer in the
1 . The milled long grain rice referred to in Article          currency of the Member State in which the operations
1 must meet the following requirements :                       relating to the tendering are completed .
 ---pagebreak--- 23 . 6 . 79                        Official Journal of the European Communities                            No L 156/7
4. The intervention agency shall ask that the                 tion agency which appoints the successful tenderer, it
tenderer specifies the following information :                shall send as soon as possible to the latter the informa­
(a) after each shipment, a statement giving details of        tion necessary for releasing the security.
     the quantities loaded, the quality of the products                               Article 8
     and their packaging ;
(b) the date of the departure of the ships ; the              As regards this tender the intervention agency is auth­
     expected date of arrival of the products at their        orized to make an initial payment of 80 % of the
     destination ;                                            value of the quantity given in the bill of lading, on
(c) all possible contingencies which might occur              presentation of that document and subject to the
     during transportation of the products .                  taking of a security for an amount equal to the initial
                                                              payment .
The intervention agency shall transmit the informa­
tion provided for to the Commission as soon as it is                                  Article 9
received .
                                                              This Regulation shall enter into force on the day of its
5. When the intervention agency responsible for               publication in the Official Journal of the European
the operations relating to tendering is not the interven­     Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 22 June 1979 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President