CELEX: 31980R0370
Language: en
Date: 1980-02-15 00:00:00
Title: Commission Regulation (EEC) No 370/80 of 15 February 1980 opening an invitation to tender for the mobilization of semi-milled long grain rice as food aid for Caritas

16. 2. 80                                    Official Journal of the European Communities                           No L 40/27
                                      COMMISSION REGULATION (EEC) No 370/80
                                                           of 15 February 1980
               opening an invitation to tender for the mobilization of semi-milled long grain
                                                       rice as food aid for Caritas
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 amended by Regula­
tion (EEC) No 11 3/80 (2),                                              Whereas provision should be made for security to be
                                                                        given to guarantee fulfilment of the obligations arising
Having regard to Council Regulation (EEC) No                            by virtue of participation in the invitation to tender ;
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and              Whereas the Italian intervention agency should be
in particular Article 6 thereof,                                        made responsible for the tendering procedure ;
Having regard to Council Regulation No 129 on the                       Whereas the Commission must be informed quickly
value of the unit of account and the exchange rates to
                                                                        of the tenders submitted in response to the invitation
be applied for the purposes of the common agricul­                      and of those accepted by the intervention agency ;
tural policy (4), as last amended by Regulation ( EEC)
No 2543/73 (5), and in particular Article 3 thereof,
                                                                        Whereas the measures provided for in this Regulation
Having regard to the opinion of the Monetary                            are in accordance with the opinion of the Manage­
Committee,                                                              ment Committee for Cereals ,
Whereas on 8 May 1979 the Council of the European
Communities declared that it proposed, by way of
Community action , to grant the equivalent of 1 250
tonnes of husked rice (in other words, 925 tonnes of                    HAS ADOPTED THIS REGULATION :
semi-milled long grain rice) to Caritas under its
 1 978/79 food-aid programme ;
                                                                                                 Article 1
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;                                       1 . Tenders are hereby invited for the supply to
                                                                        Caritas by way of Community food-aid action, of 925
Whereas tenders should be invited for the supply of                     tonnes of semi-milled long grain rice.
the product to the port of shipment in the vicinity of
the vessel , the goods to be set down at the place nomi­                2. The tendering procedure shall take place in Italy
nated by the recipient or its agent ;                                   in two lots. The product shall be mobilized on the
                                                                        Community market. The product shall be loaded for
Whereas, in view of the different monetary circum­                      departure from any Community port.
stances in the Member States, the observation of these
conditions is not guaranteed by the application of
exchange rates applicable in the framework of the                        3 . The product referred to in paragraph 1 is to be
common agricultural policy since monetary compensa­                     delivered to the port of shipment in the vicinity of the
 tory amounts do not apply in the rice sector ; whereas                 vessel . The goods must be set down at the place nomi­
 it is advisable to take account of the monetary situa­                  nated by the recipient country or its agent, the timing
 tion as regards different offers ;                                      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 16, 22. 1 . 1980, p. 1 .                                  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 lined with
(5 ) OJ No   L 263 , 19 . 9 . 1973 , p . 1 .                             cotton sacks of a net capacity of 50 kilograms.
 ---pagebreak---  No L 40 /28                       Official Journal of the European Communities                               16. 2. 80
The following shall be printed on the sacks :                notice of invitation to tender as a result of the late
Lot No 1 (500 tonnes) :                                      availability of the vessels to be used for sea transporta­
                                                             tion, the resulting costs shall be borne by the interven­
' Riz semi-blanchi / Don de la Communauté écono­             tion agency.
mique européenne / Pour distribution gratuite /
Caritas / Kinshasa via Matadi / 5217';
                                                                                       Article 6
 Lot No 2 (425 tonnes) :
' Riz semi-blanchi / Don de la Communauté écono­
                                                              1 . The tenderer shall give security of a value of 12
                                                             ECU per tonne of goods.
mique européenne / Pour distribution gratuite /
Caritas / Kinshasa via Matadi / 5218 '.                      It shall be released :
To allow for the possibility of re-bagging, the              — in the case of all tenderers whose tenders are
successful tenderer shall supply 2 % of new empty                 unsuccessful or are not accepted,
sacks, of the same quality as those containing the
                                                             — in the case of the successful tenderer, when the
goods but with the printing followed by a capital
letter ' R '.                                                     operations concerned have been carried out within
                                                                  the prescribed time limit and on submission of
                                                                  the original export licence duly granted and
                         Article 2
                                                                  endorsed by the competent authorities of the
 1.    The decision on tenders received in response to            Member State mentioned in the tender pursuant
                                                                  to Article 3 (2),
the invitation provided for in Article 1 shall be taken
on 3 March 1980 .                                            — in the case of the successful tenderer, for quanti­
                                                                  ties supplied by reason of force majeure.
2.     The closing date for the submission of tenders
shall be 3 March 1980 at 12 noon .                           2. The security required under paragraph 1 may be
3.     The    notice of invitation  to tender shall be
                                                             provided in the form of a cash deposit or of a
                                                             guarantee issued by a credit institution conforming to
published in the Official Journal of the European            criteria laid down by each Member State.
 Communities not less than nine days before the
closing date for the submission of tenders.
                                                                                       Article 7
                         Article 3
                                                              1 . The semi-milled long grain rice referred to in
 1 . The prices offered must be expressed in the             Article 1 to be supplied to Caritas must meet the
currency of the Member State in which the invitation         following requirements :
to tender was issued .
                                                             — moisture : 15% ,
2.     The rates used for converting into ECU those          — broken rice : 5 % maximum,
offers made in national currencies shall be :
                                                             —    chalky grains : 5 % maximum,
— the       central rate in  cases  where   the  relevant    —    grains striated with red : 3 % maximum,
     currency is held at any given moment within a
     band of 2-25 % ,                                        —    spotted grains : 1 -5 % maximum,
— in other cases, the average spot exchange rate             —    stained grains : 1 % maximum,
     during the period from Wednesday of one week to         —    yellow grains : 0 050 % maximum,
     Tuesday of the following week and which immedi­         —    amber grains : 0-20 % maximum .
     ately precedes the time limit for the submission of
     tenders .                                                Rice not meeting these requirements shall be refused.
                         Article 4                            2. Tenders for supply to Caritas of the semi-milled
                                                              long grain rice referred to in Article 1 must relate to a
The contract shall be awarded to the tenderer offering        product with the following characteristics :
the best terms .
                                                             — moisture : 1 5 % ,
 However, if the tenders submitted do not appear to          — broken rice : 5 % maximum ,
correspond to normal market prices and costs, the            —    chalky grains : 5 % maximum,
intervention agency may cancel the invitation to
tender.                                                      —    grains striated with red : 3 % maximum ,
                                                             —    spotted grains : 1-5% maximum ,
                         Article 5                           -—   stained grains : 1 % maximum ,
 If the tenderer is unable to deliver the goods in           —    yellow grains : 0-050 % maximum ,
compliance with Article 1 (3) on the date given in the       —    amber grains : 0-20 % maximum .
 ---pagebreak---  16. 2. 80                         Official Journal of the European Communities                           No L 40/29
                        Article 8                            4. The intervention agency shall request the
                                                             successful tenderer to supply the following informa­
1 . The Italian intervention agency shall be respon­         tion :
sible for the operations relating to the invitation to
tender provided for by this Regulation .                     (a) after each shipment, a certificate showing the quan­
                                                                 tities dispatched and the quality of the products ;
2.    It shall forthwith communicate to the Commis­
                                                             (b) the date of departure of the vessels.
sion the list of firms which have responded to the invi­
                                                             The information indicated above shall be forwarded
tation to tender, specifying the terms of each tender,
together with the name and business name of the              by the intervention agency to the Commission imme­
successful tenderer.                                         diately upon receipt.
3. Where the customs export formalities for the              5. When the intervention agency responsible for
mobilized product are completed in a Member State
                                                             the operations relating to tendering is not the interven­
other than that in which the invitation to tender is         tion agency which appoints the successful tenderer, it
issued, the intervention agency of the latter Member
                                                             shall send as soon as possible to the latter the informa­
                                                             tion necessary for releasing the security.
State shall be responsible for the operations following
tendering, including payment to the successful                                        Article 9
tenderer.
                                                             On delivery of the goods at the port of shipment, a
In such case, the intervention agency choosing the           handing-over certificate shall be supplied to the
successful tenderer shall immediately inform the inter­      successful tenderer, acting as agent for the Commu­
vention agency of the Member State concerned and             nity, by the agent of the recipient country, or, in the
shall supply it with all the information which it may        absence of the latter, by the intervention agency of the
require.                                                     Member State in whose territory the port of shipment
                                                             is situated .
Furthermore, the amount of the successful tender
shall be paid after it has been converted using the                                  Article 10
average of the spot rates referred to in Article 3 (2) to
the tenderer in the currency of the Member State in          This Regulation shall enter into force on the day of its
which the operations relating to the tendering are           publication in the Official Journal of the European
completed.                                                   Com munities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 15 February 1980.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President