CELEX: 31979R1718
Language: en
Date: 1979-08-03
Title: Commission Regulation (EEC) No 1718/79 of 3 August 1979 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the People' s Republic of Congo

No L 198 /22                           Official Journal of the European Communities                               4. 8 . 79
                                     COMMISSION REGULATION (EEC) No 1718/79
                                                        of 3 August 1979
               opening an invitation to tender (or the mobilization of milled long grain rice as
                                        food aid for the People's Republic of Congo
 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
  Economic Community,
                                                                   Whereas, should force majeure make it impossible to
                                                                   complete the operation in question within the time
                                                                    limit 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 1 260/78 (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
 value of the unit of account and the exchange rates to            Whereas the Commission must be informed quickly
 be applied for the purposes of the common agricul­                of the tenders submitted in response to the invitation
 tural policy (4), as last amended by Regulation (EEC)             and of those accepted by the intervention agency ;
 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 517 tonnes of milled long
 grain rice to the People's Republic of Congo under its
                                                                   HAS ADOPTED THIS REGULATION :
 1978/79 food-aid programme ;
 Whereas pursuant to Article 3 (3) of Council Regula­
 tion (EEC) No 2750/75 the goods may be purchased
                                                                                           Article 1
 anywhere on the Community market ;
 Whereas tenders should be invited for the supply of                1.    Tenders are hereby invited for the supply to the
 the product to the port of shipment in the vicinity of            People's Republic of Congo by way of Community
 the vessel, the goods to be set down at the place nomi­           food-aid action of 517 tonnes of milled long grain
 nated by the recipient or its agent ;                             rice .
Whereas in view of the different monetary circum­
stances in the Member States, the observation of these             2.     The tendering procedure shall take place in Italy
conditions is not guaranteed by the application of                 in one lot. The product shall be mobilized on the
exchange rates applicable in the framework of the                  Community market. The product shall be loaded for
common agricultural policy since monetary compensa­                departure from any Community port.
tory amounts do not apply in the rice sector ; whereas
it is advisable to take account of the monetary situa­             3. The product referred to in paragraph 1 is to be
tion as regards different offers ;                                 delivered in new jute sacks of a net capacity of 50 kilo­
                                                                   grams to the port of shipment in the vicinity of the
(>) OJ  No  L 166, 25. 6. 1976, p. 1 .                             vessel. The goods must be set down at the place nomi­
(2) OJ  No  L 156, 14. 6. 1978, p. 11 .
(3) OJ  No  L 281 , 1 . 11 . 1975, p. 89.                          nated by the recipient country or its agent, the timing
(4) OJ  No  106, 30. 10. 1962, p. 2553/62.                         of delivery being settled by the tenderer and the recip­
(*) OJ  No  L 263, 19 . 9. 1973, p. 1 .                            ient country's agent.
 ---pagebreak--- 4. 8 . 79                           Official Journal of the European Communities                         No L 198/23
Minimum weight of the sacks shall be 600 grams. The           tion, the resulting costs shall be borne by the interven­
following shall be printed on the sacks :                     tion agency.
'Riz blanchi / Don de la Communauté économique
européenne au Congo / Destiné à la vente'.                                              Article 6
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty              1 . The successful tenderer shall give security of a
sacks, of the same quality as those containing the            value of 1 2 ECU per tonne, the security is intended to
goods but with the printing followed by a capital             guarantee that the operations specified in Article 1 are
letter ' R'.                                                  duly completed. The security shall be forfeit if those
                                                              operations are not carried out within the prescribed
                                                              time limit, save as regards quantities not delivered
                         Article 2                            owing to force majeure.
1 . The decision on tenders received in response to           2. The security provided for in paragraph 1 may be
the invitation provided for in Article 1 shall be taken       in the form of a cash deposit or of a guarantee issued
on 20 August 1979.                                            by a credit institution conforming to the criteria laid
                                                              down by the Member State.
2. The closing date for the submission of tenders
shall be 20 August 1979 at 12 noon .
                                                                                        Article 7
3.    The     notice of invitation   to  tender shall   be
published in the Official Journal of the European              1 . The milled long grain rice referred to in Article
Communities not less than nine days before the                 1 to be supplied to Congo must meet the following
closing date for the submission of tenders.                   requirements :
                                                              — moisture : 15 % ,
                         Article 3                            — broken rice : 5 % maximum,
                                                              —    chalky grains : 5 % maximum,
1 . The prices offered must be expressed in the               —    grains striated with red : 3 % maximum,
currency of the Member State in which the invitation          —    spotted grains : 1 .5 % maximum,
to tender was issued .                                        —    stained grains : 1 % maximum,
                                                              —    yellow grains : 0 050 % maximum,
2.    The rates used for converting into ECU those            —    amber grains : 0.20 % maximum.
offers made in national currencies shall be :
— the      central  rate in   cases  where   the  relevant    Rice not meeting these requirements shall be refused.
    currency is held at any given moment within a
    band of 2-25 % ,                                          2.     Tenders for supply to Congo of the long grain
                                                              milled rice referred to in Article 1 must relate to a
— in other cases, the average spot exchange rate              product with the following characteristics :
    during the period from Wednesday of one week to
    Tuesday of the following week and which immedi­           — moisture : 15 % ,
    ately precedes the time limit for the submission of       — broken rice : 5 % maximum,
    tenders .                                                 —    chalky grains : 5 % maximum,
                                                              —    grains striated with red : 3 % maximum,
                         Article 4
                                                              —    spotted grains : 1 .5 % maximum,
                                                              —    stained grains : 1 % maximum,
                                                              —    yellow grains : 0.050 % maximum,
The contract shall be awarded to the tenderer offering
the best terms .                                              —    amber grains : 0.20 % maximum .
However, if the tenders submitted do not appear to                                      Article 8
correspond to normal market prices and costs, the
intervention agency may cancel the invitation to
tender.                                                        1 . The Italian intervention agency shall be respon­
                                                              sible for the operations relating to the invitation to
                                                              tender provided for by this Regulation .
                         Article 5
                                                              2.     It shall forthwith communicate to the Commis­
If the tenderer is unable to deliver the goods in             sion the list of firms which have responded to the invi­
compliance with Article 1 (3) on the date given in the        tation to tender, specifying the terms of each tender,
notice of invitation to tender as a result of the late        together with the name and business name of the
availability of the vessels to be used for sea transporta     successful tenderer.
 ---pagebreak--- No L 198 /24                       Official Journal of the European Communities                               4. 8 . 79
3. Where the customs export formalities for the              (b) the date of departure of the vessels.
mobilized product are completed in a Member State            The information indicated above shall be forwarded
other than that in which the invitation to tender is
issued, the intervention agency of the latter Member         by the intervention agency to the Commission imme­
State shall be responsible for the operations following      diately upon receipt.
tendering, including payment to the successful               5. When the intervention agency responsible for
tenderer.                                                    the operations relating to tendering is not the interven­
                                                             tion agency which appoints the successful tenderer, it
In such case, the intervention agency choosing the           shall send as soon as possible to the latter the informa­
successful tenderer shall immediately inform the inter­      tion necessary for releasing the security.
vention agency of the Member State concerned and
shall supply it with all the information which it may                                Article 9
require.
                                                             On delivery of the goods at the port of shipment, a
Furthermore, the amount of the successful tender
                                                             handing-over certificate shall be supplied to the
shall be paid after it has been converted using the          successful tenderer, acting as agent for the Commu­
average of the spot rates referred to in Article 3 (2) to    nity, by the agent of the recipient country or, in the
the tenderer in the currency of the Member State in          absence of the latter, by the intervention agency of the
which the operations relating to the tendering are           Member State in whose territory the port of shipment
completed.                                                   is situated .
4. The intervention agency shall request the
successful tenderer to supply the following informa­                                 Article 10
tion :
                                                             This Regulation shall enter into force on the day of its
(a) after each shipment a certificate showing the quan­      publication in the Official Journal of the European
    tities dispatched and the quality of the products ;       Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at Brussels, 3 August 1979.
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President