CELEX: 31979R1977
Language: en
Date: 1979-09-07
Title: Commission Regulation (EEC) No 1977/79 of 7 September 1979 opening an invitation to tender for the mobilization of milled long grain rice as food aid for Nicaragua

8 . 9 . 79                                 Official Journal of the European Communities                         No L 228 / 17
                                      COMMISSION REGULATION ( EEC) No 1977/79
                                                        of 7 September 1979
               opening an invitation to tender for the mobilization of milled long grain rice as
                                                       food aid for Nicaragua
THE COMMISSION OF THE EUROPEAN                                       tory amounts do not apply in the rice sector ; whereas
COMMUNITIES,                                                          it is advisable to take account of the monetary situa­
                                                                     tion as regards different offers ;
Having regard to the Treaty establishing the European
Economic Community,                                                  Whereas the award under the invitation to tender
                                                                      must be made to the tenderer offering the best terms ;
Having regard to Council Regulation ( EEC) No
1418 /76 of 21 June 1976 on the common organiza­                     Whereas provisions should be made for security to be
tion of the market in rice ('), as last amended by Regu­             given to guarantee fulfilment of the obligations arising
lation (EEC) No 1552/79 (2),                                          by virtue of participation in the invitation to tender
                                                                      for supplies to Nicaragua ;
Having regard to Council Regulation ( EEC) No
2750/75 of 29 October 1975 laying down the condi­                    Whereas the Italian intervention agency should be
tions for the mobilization of cereals as food aid (3 ), and           made responsible for the tendering procedure ;
in particular Article 6 thereof,
                                                                     Whereas the Commission must be informed quickly
Having regard to Council Regulation No 129 on the                     of the tenders submitted in response to the invitation
value of the unit of account and the exchange rates to                and of those accepted by the intervention agency ;
be applied for the purposes of the common agricul­
tural policy (4 ), as last amended by Regulation ( EEC)
                                                                     Whereas the measures provided for in this Regulation
No 2543/73 (5 ), and in particular Article 3 thereof,
                                                                      are in accordance with the opinion of the Manage­
                                                                      ment Committee for Cereals,
Having regard to the opinion of the Monetary
Committee ,
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 1 345 tonnes of milled
long grain rice to Nicaragua under its 1978 /79 food­
aid programme ;                                                                               Article 1
Whereas pursuant to Article 3 (3) of Council Regula­                   1 . Tenders are hereby invited for the supply to
tion ( EEC) No 2750/75 goods may be purchased                         Nicaragua , by way of Community food-aid action , of
anywhere on the Community market ;                                     1 345 tonnes of milled long grain rice .
Whereas the proposed invitation to tender should be                   2.    The tendering procedure shall take place in Italy
for supply of the products delivered to Corinto or                    in one lot .
Puerto Somoza, that is at the moment when the goods
are actually placed on the dock or in the lighter where
applicable ;                                                          The product shall be mobilized on the Community
                                                                      market . Shipment shall be 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 delivered to Corinto
exchange rates applicable in the framework of the                     or Puerto Somoza , that is at the moment when the
common agricultural policy since monetary compensa­                  goods are actually placed on the dock or in the lighter
                                                                      where applicable .
(')  OJ  No L 166, 25 . 6 . 1976, p. 1 .
(2 ) OJ  No L 188 , 26 . 7 . 1979 , p. 9 .
(3 ) OJ  No L 281 , 1 . 1 1 . 1975 , p. 89 .                          4 . The successful tenderer shall deliver the product
(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 228 / 18                          Official Journal of the European Communities                               8 . 9 . 79
The following shall be printed on the sacks :                    2. The security provided for in paragraph 1 may be
'Arroz    /    Donación    de   la  Comunidad     economica      given in the form of a cash deposit or of a guarantee
                                                                  issued by a credit institution conforming to the cri­
europea a Nicaragua .'                                           teria laid down by the Member State.
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty                                         Article 6
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 Nicaragua must meet the
                                                                  following requirements :
                           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
on 17 September 1979 .                                           —    grains striated with red : 3 % maximum ,
                                                                 —    spotted grains : 1-5% maximum ,
2. The closing date for the submission of tenders
                                                                 —    stained grains : 1 % maximum,
shall be 17 September 1979 at 12 noon .
                                                                 —    yellow grains : 0 050 % maximum ,
3.     The     notice   of invitation   to  tender  shall  be
                                                                 —    amber grains : 0-20 % maximum .
published in the Official Journal of the European
 Communities not less than nine days before the                   Rice not meeting these requirements shall be refused .
closing date for the submission of tenders.
                                                                  2. Tenders for supply to Nicaragua of the milled
                                                                  long grain rice referred to in Article 1 must relate to a
                           Article 3                              product with 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 ,
 2.    The rates used for converting into ECU those               —   grains striated with red : 3 % maximum ,
offers made in national currencies shall be :                     —   spotted grains : 1-5% maximum ,
— the        central  rate  in   cases  where   the  relevant     —   stained grains : 1 % maximum ,
     currency is held at any given moment within a                —   yellow grains : 0-050 % maximum ,
     band of 2-25 % ,
                                                                  —   amber grains : 0-20 % maximum .
— in other cases, the average spot exchange rate
     during the period from Wednesday of one week to                                      Article 7
     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 .
                                                                  sible 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.
 correspond to normal market prices and costs, the
 intervention agency may cancel the invitation to                 3.    Where the customs export formalities for the
 tender .                                                         mobilized product are completed in a Member State
                                                                  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--- 8 . 9 . 79                        Official Journal of the European Communities                           No L 228 / 19
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 operation relating to tendering is not the interven­
average of the spot rates referred to in Article 3 (2) to     tion agency which appoints the successful tenderer, it
the tenderer in the currency of the Member State in           shall send as soon as possible to the latter the informa­
which the operations relating to the tendering are            tion necessary for releasing the security.
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, 7 September 1979 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President