CELEX: 31979R0207
Language: en
Date: 1979-02-02 00:00:00
Title: Commission Regulation (EEC) No 207/79 of 2 February 1979 opening an invitation to tender for the mobilization of husked long grain rice as food aid for the League of Red Cross Societies

No L 29 / 12                           Official Journal of the European Communities                              3 . 2. 79
                                   COMMISSION REGULATION (EEC) No 207/79
                                                     of 2 February 1979
              opening an invitation to tender for the mobilization of husked long grain rice as
                                     food aid for the League of Red Cross Societies
THE COMMISSION OF THE EUROPEAN                                    Whereas, should force majeure make it impossible to
COMMUNITIES,                                                      complete the operation in question within the time
                                                                  limits specified, it must be made clear who is to bear
                                                                  the liability for any resulting costs ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                  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 ;
1418 /76 of 21 June 1976 on the common organiza­
tion of the market in rice (*), as amended by Regula­
                                                                  Whereas the Italian intervention agency should be
tion (EEC) No 1260/78 (2),
                                                                  made responsible for the tendering procedure ;
Having regard to Council Regulation (EEC) No                      Whereas the Commission must be informed quickly
2750/75 of 29 October 1975 laying down the condi­                 of the tenders submitted in response to the invitation
tions for the mobilization of cereals as food aid (3), and        and of those accepted by the intervention agency ;
in particular Article 6 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 30 January 1978 the Council of the Euro­
pean Communities declared that it proposed, by way
of Community action, to grant 137-5 tonnes of                      HAS ADOPTED THIS REGULATION :
husked long grain rice to the League of Red Cross
Societies under its 1977/78 food-aid programmes ;
                                                                                          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 the
                                                                   League of Red Cross Societies, by way of Community
                                                                   food-aid action, of 137-5 tonnes of husked long grain
Whereas the proposed invitation to tender should be                rice .
 for supply of the products to the dock or in the
 lighter where applicable at the port of unloading ;
                                                                   2.     The tendering procedure shall take place in Italy
                                                                   in one lot.
 Whereas in view of the different monetary circum­
 stances in the Member States, the observation of these
 conditions is not guaranteed by the application of                The products shall be mobilized on the Community
                                                                   market.
 exchange rates applicable in the framework of the
 common agricultural policy since monetary compensa­
 tory amounts do not apply in the rice sector ; whereas            Shipment shall be from a Community port.
 it is advisable to take account of the monetary situa­
 tion as regards different offers ;
                                                                   3 . The invitation to tender provided for in para­
                                                                   graph 1 is for supply of products to the dock, or in
 Whereas the award under the invitation to tender                  the lighter where applicable, in the port of Boma.
  must be made to the tenderer offering the best terms ;
 (!) OJ No L 166, 25 . 6. 1976, p. 1 .
                                                                   4. The successful tenderer shall deliver the product
 ( 2) OJ No L 156, 14. 6 . 1978 , p. 11 .                          specified in paragraph 1 in new jute sacks of a net
   3) OJ No L 281 , 1 . 11 . 1975, p. 89 .                         capacity of 50 kilograms.
 ---pagebreak--- 3 . 2. 79                          Official Journal of the European Communities                         No L 29/ 13
Minimum weight of the sacks shall be 600 grams. The           forfeit if those operations are not carried out within
following shall be printed on the sacks :                     the prescribed time limit, save as regards quantities
A red cross, 15 x 15 cm followed by :                         not delivered owing to force majeure.
 Riz décortiqué / Don de la Communauté écono­                 2. The security provided for in paragraph 1 may be
mique européenne / Action de la Ligue des sociétés           given in the form of a cash deposit or of a guarantee
de la Croix-Rouge / À distribuer gratuitement /               issued by a credit institution conforming to the
Borna.'                                                       criteria laid down by the Member State.
To allow for the possibility of re-bagging, the                                       Article 6
successful tenderer shall supply 2 % of new empty
sacks, of the same quality as those containing the           The husked long grain rice referred to in Article 1 to
goods but with the printing followed by a capital            be supplied to the League of Red Cross Societies must
letter 'R\
                                                              meet the following requirements :
                         Article 2
                                                             (a) rice, free of odour, of a sound and fair marketable
                                                                  quality ;
1 . The decision on tenders received in response to          (b) moisture content : 1 5 % ;
the invitation provided for in Article 1 shall be taken
on 19 February 1979.                                         (c) percentagie of rice grains which are not of unim­
                                                                  paired quality :
2. The closing date for the submission of tenders                 — paddy grains : 1 % ,
shall be 19 February 1979 at 12 noon.                             — broken rice : 5 % ,
3.     The   notice of invitation   to tender shall be            — green grains or grains showing natural malfor­
published in the Official Journal of the European                     mation 5 % (including up to 0-5 % of red
Communities not less than nine days before the                        grains) ;
closing date for the submission of tenders.
                                                             (d) tolerance of extraneous matter, consisting of :
                        Article 3                                 — mineral or vegetable inedible substances
                                                                      provided that they are not toxic : 0 01 % ,
1 . The prices offered must be expressed in the                   — extraneous grains or parts thereof, edible :
currency of the Member State in which the invitation                  010 % ;
to tender was issued .
                                                             (e) when wholly milled, percentage of wholly milled
2.     The rates used for converting into units of                rice grains which are not of unimpaired quality :
account those offers made in national currencies shall            — chalky grains : 5 % ,
be :
                                                                  — spotted grains : 1-5 % ,
— the      central rate  in  cases  where   the  relevant         — yellow grains : 0-05 % ,
     currency is held at any given moment within a                — stained grains : 1 % ,
     band of 2-25 % ,
                                                                  — amber grains : 0*20 % .
— in other cases, the average spot exchange rate
     during the period from Wednesday of one week to          Rice not meeting these requirements shall be refused.
     Tuesday of the following week and which immedi­
     ately precedes the time limit for the submission of                              Article 7
     offers.
                                                              1 . The Italian intervention agency shall be respon­
                        At ticle 4                           sible for the operations relating to the invitation to
                                                              tender provided for by this Regulation.
The contract shall be awarded to the tenderer offering
the best terms .                                              2.    It shall forthwith communicate to the Commis­
                                                             sion the list of firms which have responded to the invi­
However, if the tenders submitted do not appear to           tation to tender, specifying the terms of each tender,
correspond to normal market prices and costs, the            together with the name and business name of the
intervention agency may cancel the invitation to             successful tenderer.
tender.
                                                             3. Where the customs export formalities for the
                        Article J                             mobilized product are completed in a Member State
                                                             other than that in which the invitation to tender is
1 . The successful tenderer shall give security of a         issued, the intervention agency of the latter Member
value of 10 units of account per tonne. The security is      State shall be responsible for the operations following
intended to guarantee that the operations specified in       tendering, including payment to the successful
Article 1 are duly completed. The security shall be          tenderer.
 ---pagebreak--- No L 29/ 14                       Official Journal of the European Communities                                3 . 2 . 79
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. Where the intervention agency responsible for
                                                             the operations relating to tendering is not the interven­
Furthermore, the amount of the successful tender             tion agency which appoints the successful tenderer, it
shall be paid after it has been converted using the          shall send as soon as possible to the latter the informa­
average of the spot rates referred to in Article 3 (2) to    tion necessary for releasing the security.
the tenderer in the currency of the Member State in
which the operations relating to the tendering are                                   Article 8
completed.
                                                             As regards this tender, the intervention agency is auth­
4. The intervention agency shall ask that the                orized to make an initial payment of 80 % of the
tenderer specifies the following information :               value of the quantity given in the bill of lading, on
(a) after each shipment, a statement giving details of       presentation of that document and subject to the
    the quantities loaded, the quality of the products       taking of a security for an amount equal to the initial
    and their packaging ;                                    payment.
(b) the date of the departure of the ships ; the
                                                                                     Article 9
    expected date of arrival of the products at their
    destination ;                                            This Regulation shall enter into force on the day of its
(c) all possible contingencies which might occur             publication in the Official Journal of the European
    during transportation of the products.                   Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 2 February 1979 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President