CELEX: 31978R1107
Language: en
Date: 1978-05-26 00:00:00
Title: Commission Regulation (EEC) No 1107/78 of 26 May 1978 opening an invitation to tender for the mobilization of round grain milled rice as food aid for the International Committee of the Red Cross

No L 140 /8                            Official Journal of the European Communities                                27 . 5 . 78
                                  COMMISSION REGULATION ( EEC) No 1107/78
                                                       of 26 May 1978
              opening an invitation to tender for the mobilization of round grain milled rice
                          as food aid for the International Committee of the Red Cross
THE COMMISSION OF THE EUROPEAN                                    tion to tender for supplies to the International
COMMUNITIES,                                                      Committee of the Red Cross will be fulfilled ;
Having regard to the Treaty establishing the European            Whereas the Italian intervention agency should be
Economic Community,                                               made responsible for the tendering procedure ;
Having regard to Council Regulation (EEC) No                      Whereas the Commission must be informed quickly
1418/76 of 21 June 1976 on the common organiza­                   of the tenders submitted in response to the invitation
tion of the market in rice ( 5 ), as amended by Regula­           and of those accepted by the intervention agency ;
tion (EEC) No 709/78 (2),
                                                                  Whereas the Monetary Committee will be consulted ;
                                                                  whereas, in view of the urgency, the measures envis­
Having regard to Council Regulation (EEC) No                      aged should be adopted in accordance with the condi­
2750/75 of 29 October 1975 laying down the condi­                 tions laid down in Article 3 (2) of Council Regulation
tions for the mobilization of cereals as food aid (3), and        No 129 on the value of the unit of account and the
in particular Article 6 thereof,                                  exchange rates to be applied for the purposes of the
                                                                  common agricultural policy (4), as last amended by
Whereas on 30 January 1978 the Council of the Euro­               Regulation (EEC) No 2543/73 (5), and in particular
pean Communities declared that it proposed, by way                Article 3 thereof ;
of Community action, to grant the equivalent of 2 040
tonnes of husked rice (in other words 1 581 tonnes of             Whereas the measures provided for in this Regulation
round grain milled rice) to the International                     are in accordance with the opinion of the Manage­
Committee of the Red Cross under its 1976/77 and                   ment Committee for Cereals,
 1977/78 food-aid programmes ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchasd                    HAS ADOPTED THIS REGULATION :
anywhere on the Community market ;
Whereas the proposed invitation to tender should be                                           Article 1
 for supply of the products to the dock or in the
 lighter where applicable at the port of unloading ;               1 . Tenders are hereby invited for supply to the
                                                                   International Committee of the Red Cross, by way of
Whereas, in view of the different monetary circum­                 Community action , of 1 581 tonnes of round grain
 stances in the Member States, the observation of these            milled rice .
 conditions is not guaranteed by the application of
 exchange rates applicable in the framework of the                 2. The tendering procedure shall take place in Italy
 common agricultural policy since monetary compensa­               in three lots . The product shall be mobilized on the
 tory amounts do not apply in the rice sector ; whereas            Community market . The product shall be loaded for
 it is advisable to take account of the monetary situa­            departure from any Community port.
 tion as regards different offers ;
                                                                   3 . The invitation to tender provided for in para­
 Whereas the award under the invitation to tender                  graph 1 is for supply of products to the dock, or in
 must be made to the tenderer offering the best terms ;            the lighter where applicable, in the port of Manila.
 Whereas provision should be made for security to be               4.     The successful successful tenderer shall deliver
 given for the purpose of guaranteeing that the obliga­            the product specified in paragraph 1 in new jute sacks
 tions arising by virtue of participation in the invita­           lined with cotton sacks of a net capacity of 50 kilo­
                                                                   grams .
 (1 ) OJ No L 166, 25 . 6 . 1976, p. 1 .
 (2) OJ No L 94, 8 . 4. 1978 , p. 9 .                              (4 ) OJ No 106, 30 . 10 . 1962, p . 2553 / 62 .
 (3) OJ No L 281 , 1 . 11 . 1975, p. 89 .                          (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- 27 . 5 . 78                           Official Journal of the European Communities                         No L 140 /9
On the sacks shall be printed a red cross, 15 cm x 15           intended to guarantee that the operations specified in
cm, as well as the following :                                  Article 1 are duly completed . The security shall be
                                                                forfeit if those operations are not carried out within
'Milled rice / Gift of the European Economic Commu­             the prescribed time limit, save as regards quantities
nity / Action of the International Committee of the             not delivered owing to force majeure.
Red Cross / For free distribution .'
To allow for the possibility of re-bagging, the                 2. The security provided for in paragraph 1 may be
                                                                given in the form of a cash deposit or of a guarantee
successful tenderer shall supply 2 % of new empty
                                                                issued by a credit institution conforming to the
sacks, of the same quality as those containing the
                                                                criteria laid down by the Member State .
goods but with the printing followed by a capital
letter ' R'.
                                                                                          Article 6
                           Article 2
                                                                 1 . The round grain milled rice referred to in Article
1 . The decision on tenders received in response to              1 to be supplied to the International Committee of
the invitation provided for in Article 1 shall be taken         the Red Cross must meet the following requirements :
on 12 June 1978 .
                                                                — moisture : 1 5 % ;
2. The closing date for the submission of tenders               — broken rice : 5 % maximum ;
shall be 12 June 1978 at 12 noon .                              —    chalky grains : 5 % maximum ;
                                                                —    grains striated with red : 3 % maximum ,
3.     The     notice   of invitation  to  tender  shall  be    —    spotted grains : 1-5% maximum ;
published in the Official Journal of the European               —    stained grains : 1 % maximum ;
Communities not less than nine days before the                  —    yellow grains : 0-050 % maximum ;
closing date for the submission of tenders .                    —    amber grains : 0-20 % maximum .
                                                                Rice not meeting these requirements shall be refused.
                           Article 3
                                                                2. Tenders for supply to the International
 1 . The prices offered must be expressed in the                Committee of the Red Cross of the round grain
currency of the Member State in which the invitation            milled rice referred to in Article 1 must relate to a
to tender was issued .
                                                                product with the following characteristics :
2.     The rates used for converting into units of              — moisture : 1 5 % ;
account those offers made in national currencies shall          — broken rice : 5 % maximum ;
be :                                                            —    chalky grains : 5 % maximum ;
— the      central    rate in   cases where    the  relevant
                                                                —    grains striated with red : 3 % maximum ;
                                                                —    spotted grains : 1-5% maximum ;
     currency is held at any given moment within a              —    stained grains : 1 % maximum ;
     band of 2-25 % ,
                                                                —    yellow grains : 0-050 % maximum ;
— in other cases the average spot exchange rate                 —    amber grains : 0-20 % maximum .
     during the period from Wednesday of one week to
     Tuesday of the following week and which immedi­                                      Article 7
     ately precedes the time limit for the submission of
     tenders .
                                                                 1 . The Italian intervention agency shall be respon­
                                                                sible for the operations relating to the invitation to
                           Article 4
                                                                tender provided for by this Regulation .
                                                                2.      It shall forthwith communicate to the Commis­
The contract shall be awarded to the tenderer offering
the best terms .                                                sion the list of firms which have responded to the invi­
                                                                tation to tender, specifying the terms of each tender,
However, if the tenders submitted do not appear to              together with the name and business name of the
                                                                successful tenderer.
correspond to normal market prices and costs, the
intervention agency may cancel the invitation to
tender.                                                         3.     Where the customs export formalities for the
                                                                mobilized product are completed in a Member State
                                                                other than that in which the invitation to tender is
                           Article 5                            issued , the intervention agency of the latter Member
                                                                State shall be responsible for the operations following
1 . The successful tenderer shall give security of a            tendering, including payment to the successful ten­
value of 10 units of account per tonne ; the security is        derer .
 ---pagebreak--- No L 140 / 10                     Official Journal of the European Communities                               27 . 5 . 78
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
                                                             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 the second          tion necessary for releasing the security.
subparagraph of Article 3 (2) to the tenderer in the
currency of the Member State in which the operations                                  Article 8
relating to the tendering are 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 transpdrtation of the products .                  Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 26 May 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President