CELEX: 31979R2544
Language: en
Date: 1979-11-16 00:00:00
Title: Commission Regulation (EEC) No 2544/79 of 16 November 1979 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the Republic of Gambia

17. 11 . 79                           Official Journal of the European Communities                       No L 290/41
                                   COMMISSION REGULATION (EEC) No 2544/79
                                                     of 16 November 1979
               opening an invitation to tender for the mobilization of milled long grain rice as
                                           food aid for the Republic of Gambia
 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, should force majeure make it impossible to
 Economic Community,                                              complete the operation in question within the time
                                                                  limits specified, it must be made clear who is to bear
 Having regard to Council Regulation (EEC) No                     the liability for any resulting costs ;
  1418/76 of 21 June 1976 on the common organiza­
 tion of the market in rice ('), as last amended by Regu­
 lation (EEC) No 1552/79 0,                                       Whereas provision should be made for security to be
                                                                  given for the purpose of guaranteeing that the obliga­
 Having regard to Council Regulation (EEC) No                     tions arising by virtue of participation in the invita­
 2750/75 of 29 October 1975 laying down the condi­                tion to tender for supplies to the Republic of Gambia
 tions for the mobilization of cereals as food aid (3), and       will be fulfilled ;
 in particular Article 6 thereof,
                                                                  Whereas the Italian intervention agency should be
 Having regard to Council Regulation No 129 on the                made responsible for the tendering procedure in ques­
 value of the unit of account and the exchange rates to           tion ;
 be applied for the purposes of the common agricul­
 tural policy (4), as last amended by Regulation (EEC)
 No 2543/73 (5), and in particular Article 3 thereof,             Whereas the Commission must be informed quickly
                                                                  of the tenders submitted in response to the invitation
 Having regard to the opinion of the Monetary                     and of those accepted by the intervention agency ;
 Committee,
                                                                  Whereas the measures provided for in this Regulation
 Whereas on 8 May 1979, the Council of the European               are in accordance with the opinion of the Manage­
 Communities declared that it proposed, by way of                 ment Committee for Cereals,
 Community action , to grant the equivalent of 1 250
 tonnes of husked rice (in other words, 862 tonnes of
 milled long grain rice) to the Republic of Gambia
 under its 1978/79 food-aid programme ;
                                                                  HAS ADOPTED THIS REGULATION :
 Whereas pursuant to Article 3 (3) of Council Regula­
 tion (EEC) No 2750/75 the goods may be purchased
 anywhere on the Community market ;                                                       Article 1
 Whereas the proposed invitation to tender should be
 for supply of the products on the quay or in the                 1 . Tenders are hereby invited for the supply to the
 lighter where applicable at the port of unloading                Republic of Gambia, by way of Community food-aid
 Banjul ;                                                         action , of 862 tonnes of milled long grain rice.
 Whereas, in view of the different monetary circum­               2. The tendering procedure shall take place in Italy
 stances in the Member States, the observation of these
                                                                  in one lot. The product shall be mobilized on the
 conditions is not guaranteed by the application of               Community market. The products shall be loaded for
 exchange rates applicable in the framework of the                departure from any Community port.
 common agricultural policy since monetary compensa­
 tory amounts do not apply in the rice sector ; whereas
 it is advisable to take account of the monetary situa­           3 . The invitation to tender provided for in para­
 tion as regards different offers ;                               graph 1 is for supply of products on the quay or in
                                                                  the lighter where applicable, in the port of Banjul .
(•) OJ No L 166, 25. 6. 1976, p. 1 .
I2) OJ No L 188, 26. 7. 1979, p. 9.                               4. The successful tenderer shall deliver the product
(3) OJ No L 281 , 1 . 11 . 1975, p. 89 .
(4) OJ No 106, 30 . 10 . 1962, p . 2553/62.                       specified in paragraph 1 in new jute sacks of a net
(5) OJ No L 263 , 19 . 9 . 1973, p. 1 .                           capacity of 50 kilograms.
 ---pagebreak---  No L 290/42                        Official Journal of the European Communities                            17. 11 . 79
Minimum weight of the sacks shall be 600 grams. The           2. The security provided for in paragraph 1 may be
following shall be printed on the sacks :                     given in the form of a cash deposit or of a guarantee
                                                              issued by a credit institution conforming to the
'Milled rice / Gift of the European Economic Commu­           criteria laid down by the Member State.
nity / For free distribution'.
To allow for the possibility of rebagging, the
                                                                                        Article 6
successful tenderer shall supply 2 % of new empty
sacks, of the same quality as those containing the
goods but with the printing followed by a capital              1 . The milled long grain rice referred to in Article
letter 'R'.                                                    1 to be supplied to the Republic of Gambia must
                                                              meet the following requirements :
                          Article 2                           — moisture : 1 5 % ;
                                                              — 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 3 December 1979 .                                          —    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 3 December 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 to the Republic of Gambia of
                                                              the milled long grain rice referred to in Article 1 must
                                                              relate to a product with the following characteristics :
                          Article 3
                                                              — moisture : 1 5 % ;
 1 . The prices offered must be expressed in the              — broken rice : 5 % maximum ;
currency of the Member State in which the invitation          —    chalky grains : 5 % maximum ;
to tender was issued .                                        —    grains striated with red : 3 % maximum ;
                                                              —    spotted grains : 1 -5 % maximum ;
2.     The rates used for converting into ECU those           —    stained grains : 1 % maximum ;
offers made in national currencies shall 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 % ,
                                                                                        Article 7
— in other cases, the average spot exchange rate
     during the period from Wednesday of one week to           1 . The Italian intervention agency shall be respon­
     Tuesday of the following week and which immedi­          sible for the operations relating to the invitation to
     ately precedes the time limit for the submission of      tender provided for by this Regulation .
     tenders .
                                                              2.     It shall forthwith communicate to the Commis­
                          Article 4                           sion the list of firms which have responded to the invi­
                                                              tation to tender, specifying the terms of each tender
The contract shall be awarded to the tenderer offering        together with the name and business name of the
the best terms.                                               successful tenderer.
However, if the tenders submitted do not appear to            3.     Where the customs export formalities for the
reflect normal market prices and costs, the interven­         mobilized product are completed in a Member State
tion agency may cancel the invitation to 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---  17. 11 . 79                      Official Journal of the European Communities                           No L 290 /43
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 operations relating to tendering is not the interven­
average of the spot rates referred to in the second          tion agency which appoints the successful tenderer, it
subparagraph of Article 3 (2) to the tenderer in the         shall send as soon as possible to the latter the informa­
currency of the Member State in which the operations         tion necessary for releasing the security.
relating to the tendering are 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 each shipment, a statement giving details of
                                                             orized to make an initial payment of 80 % of the
     the quantities loaded, the quality of the products
                                                             value of the quantity given in the bill of lading on
    and 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, 16 November 1979 .
                                                                      For the Commission
                                                                       Finn GUNDELACH
                                                                          Vice-President