CELEX: 31975R1167
Language: en
Date: 1975-05-05 00:00:00
Title: Regulation (EEC) No 1167/75 of the Commission of 5 May 1975 opening an invitation to tender for the mobilization of ground grain milled rice as food aid for Guinea Bissau and the Cape Verde Islands

No L 1 16 / 14                            Official Journal of the European Communities                               6 . 5 . 75
                              REGULATION ( EEC) No 1167 / 75 OF THE COMMISSION
                                                            of 5 May 1975
                   opening an invitation to tender for the mobilization of round grain milled rice
                              as food aid for Guinea Bissau and the Cape Verde Islands
 THE COMMISSION OF THE EUROPEAN                                      tions arising by virtue of participation in the invita­
 COMMUNITIES ,                                                       tion to tender for supplies to Guinea Bissau and the
                                                                     Cape Verde Islands 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 ;
 Having regard to Council Regulation No 359/
 67/ EEC (') of 25 July 1967 on the common organiza­                 Whereas the Commission must be informed quickly
 tion of the market in rice, as last amended by Regula­              of the tenders submitted in response to the invitation
 tion ( EEC) No 668 / 75 (-') ;                                      and of those accepted by the intervention agency ;
 Having regard to Council Regulation ( EEC) No
                                                                     Whereas the Monetary Committee will be consulted ;
  1 693 / 72 (-') of 3 August 1972 laying down the condi­
 tions for the mobilization of cereals as food aid , and             whereas, in view of the urgency, the measures envis­
                                                                     aged should be adopted in accordance with the condi­
 in particular Article 6 thereof ;
                                                                     tions laid down in Article 3 (2) of Council ' Regulation
 Whereas on 26 March           1975 the Commission of the            No 129 (4 ) on the value of the unit of account and the
 European Communities declared that it proposed , by                 exchange rates to be applied for the purposes of the
 way of Community action , to grant the equivalent of                common agricultural policy, as last amended by Regu­
 3 000 metric tons of husked rice ( in other words ,                 lation ( EEC) No 2543/ 73 (3 ), and in particular Article
                                                                     3 thereof ;
 2 325 metric tons of round grain milled rice) to
 Guinea Bissau and the Cape Verde Islands under its
  1974/ 75 tood-aid programme ;                                      Whereas the measures provided for in this Regulation
                                                                     are in accordance with the Opinion of the Manage­
 Whereas pursuant ot Article 3 (3 ) of Council Regula­               ment Committee for Cereals ,
 tion ( EEC ) No 1693 / 72 the goods may be purchased
 anywhere on the Community market ;
 Whereas the proposed invitation to tender should be                 HAS ADOPTED THIS REGULATION :
 for supply of the products delivered cif, that is at the
 moment, when the goods are actually removed from
 the ship 's hold at the port of unloading ;                                                  Artic/c 1
 Whereas in view of the different monetary circum­                    I.   Tenders are hereby invited for the supply to
 stances in the Member States , the observation of these             Guinea Bissau and the Cape Verde Islands , by way of
 conditions is not guaranteed by the application of                  Community action , of 2 325 metric tons of round
 exchange rates applicable in the framework of the                   grain milled rice .
 common agricultural policy since monetary compensa­
 tory amounts do not apply in the rice sector ; whereas               This quantity shall be distributed as follows :
 it is advisable to take account of the monetary situa­
 tion as regards different offers ;                                  — Guinea Bissau : 1 937-5 metric tons ( lot No 1 );
Whereas the award under the invitation                 to tender
                                                                     — Cape Verde Island : 387-5 metric tons ( lot No 2).
 must be made to the tenderer offering the best terms ;
                                                                     2.    The tendering procedure shall take place in Italy
 Whereas, should force nnijcurc make it impossible to                in two lots . The product shall be mobilized on the
complete the operation in question within the time                   Community market . The product shall be loaded for
 limits specified , it must be made clear who is to bear             departure from any Community port .
the liability for anv resulting costs ;
                                                                     3.    The invitation to tender provided for in para­
Whereas provision should be made for security to be                  graph 1 is for supply of products deliverd cif, that is at
given for the purpose of guaranteeing that the obliga­               the moment when the goods are actually removed
                                                                     from the ship's hold at the port of unloading.
(') OJ No 174 , 31 . 7 . 1967 , p . I.
(-') O'j No L. 72, 20 . 3 . 1975, p . IS .                           H OJ No I 106, 30 . 10 . 1962 , p . 2553 / 62 .
( ') O'l No I. 1 7<S , v S. 1972, p . 3 .                            H O) No I. 263, 19 . 9 . 1973, p. I.
 ---pagebreak---  6 . 5 . 75                           Official Journal of the European Communities                        No L 116/ 15
The recipient country shall bear all costs subsequent            However, if the tenders submitted do not appear to
 to delivery of the goods, including unloading costs            correspond to normal market prices and costs, the
(such as unstowing, hoisting and reception ) and any             intervention agency may cancel the invitation to
 lighterage costs .                                             tender.
Any demurrage costs or dispatch money at the port of
unloading shall be a charge on or for the benefit of                                      Article 5
 the recipient country . The rates and detailed arrange­
 ments relating thereto laid down in the contract                1 . The successful tenderer shall give security of a
between the authorized agent of the Community and               value of 10 units of account per metric ton ; the secu­
 the carrier must have been agreed upon in advance by           rity is intended to guarantee that the operations speci­
the authorized agent and the receiving agent of the             fied in Article 1 are duly completed . The security
 recipient country .                                            shall be forfeit if those operations are not carried out
                                                                within the prescribed tme limit, save as regards quanti­
4.       The successful tenderer shall deliver the product
                                                                ties not delivered owing to force majeure.
specified in paragraph 1 in new jute sacks of a net
capacity of 50 kg.                                              2 . The security provided for in paragraph 1 may be
'Arroz — Dom da Comunidade economica europeia a                 given in the form of a cash deposit or of a guarantee
Guine-Bissau ' ;                                                issued by a credit institution conforming to the
'Arroz — Dom da Comunidade economica europeia                   criteria laid down by the Member State .
as II has de Capoverde — distribuicao gratuita '.
                                                                                          Article 6
 The following shall he printed on the sacks :
                           Article 2                             1 . The round grain milled rice referred to in Article
                                                                 1 to be supplied to Guinea Bissau and the Cape Verde
 1.      The decision on tenders received in response to        Islands must meet the following requirements :
the invitation provided for in Article 1 shall be taken
on 1 9 May 1 975 .                                              -— moisture : 1 5 % ;
                                                                -— broken rice : 5 % maximum ;
2 . The closing date for the submission of tenders              —    chalky grains : 3 % maximum ;
shall be 19 May 1975 at 12 noon .                               —    grains striated with red : 3 % maximum ;
3.      The    notice   of invitation to   tender  shall  be    —    spotted grains : 1 % maximum ;
published in the Official Journal of the Iinropean              —    stained grains : 0-50 % maximum ;
 Communities not less than nine days before the                 —    yellow grains 0-050 % maximum ;
closing date for the submission of tenders .                    —    amber grains : 0-125% maximum .
                           Article 3                            Rice not meeting these requirements shall be refused .
 1 . The prices offered must be expressed in the                2 . Tenders for supply to Guinea Bissau and the
currency of the Member State in which the invitation            Cape Verde Islands of the round grain milled rice
to tender was issued .                                          referred to in Article 1 must relate to a product with
                                                                the following characteristics :
2.       For the purpose of rendering the tenders compar­
able, the prices shall , where appropriate, be corrected        — moisture : 1 5 % ;
by the accession compensatory amount applicable on              — broken rice : 5 % maximum ;
the closing date for submission of tenders to exports           —    chalky grains : 3 % maximum ;
from the Member State mentioned in the tender.                  —    grains striated with red : 3 % maximum ;
3.      The rates used for converting into units of             —    spotted grains : 1 % maximum ;
account those offers made in national currencies shall          —    stained grains : 0-5 % maximum ;
be :                                                            —    yellow grains : 0-050 % maximum ;
                                                                —    amber grains : 0-125% maximum .
— the       central   rate in   cases where    the  relevant
     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 .
     offers .
                                                                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 .
 ---pagebreak--- No L 116/ 16                       Official Journal of the European Communities                                 6 . 5 . 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
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
Furthermore, the amount of the successful tender              the operations relating to tendering is not the interven­
shall be paid after it has been converted using the           tion agency which appoints the successful tenderer, it
average of the spot rates referred to in the second           shall send as soon as possible to the latter the informa­
subparagraph of Article 3 (2) to the tenderer in the          tion necessary for releasing the security.
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 ;                                      Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 5 May 1 975.
                                                                         For the Commission
                                                                           P.J. LARDINOIS
                                                                     Member of the Commission
                                                          ANNEX
                 Number                                                                                Metric
                  of lot
                                        Port of unloading         Minimum rate of unloading
                                                                                                    tonnage cif
                                                                 | Customs of the port
                     1      Bissau                                                                    1 937-.S
                    2       Porto Grande                                                                387-5