CELEX: 31979R2491
Language: en
Date: 1979-11-09 00:00:00
Title: Commission Regulation (EEC) No 2491/79 of 9 November 1979 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the International Committee of the Red Cross

No L 284/8                              Official Journal of the European Communities                            13 . 11 . 79
                                   COMMISSION REGULATION ( EEC) No 2491 /79
                                                     of 9 November 1979
              opening an invitation to tender (or the mobilization of milled long grain rice as
                             food aid for the International Committee of the Red Cross
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             Whereas provision should be made for security to be
Economic Community,                                               given to guarantee fulfilment of the obligations arising
                                                                  by virtue of participation in the invitation to tender
Having regard to Council Regulation (EEC) No                      for supplies to the International Committee of the
1418 /76 of 21 June 1976 on the common organiza­                  Red Cross ;
tion of the market in rice ('), as last amended by Regu­
lation (EEC) No 1 552/79 (*),
                                                                  Whereas the Italian intervention agency should be
Having regard to Council Regulation (EEC) No                      made responsible for the tendering procedure ;
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (3), and        Whereas the Commission must be informed quickly
in particular Article 6 thereof,                                  of the tenders submitted in response to the invitation
                                                                  and of those accepted by the intervention agency ;
Having regard to Council Regulation No 129 on the
value of the unit of account and the exchange rates to            Whereas the measures provided for in this Regulation
be applied for the purposes of the common agricul­                are in accordance with the opinion of the Manage­
tural policy (4), as last amended by Regulation (EEC)              ment Committee for Cereals,
No 2543/73 (5), and in particular Article 3 thereof,
Having regard to the opinion of the Monetary
Committee,
                                                                   HAS ADOPTED THIS REGULATION :
Whereas on 8 May 1979 the Council of the European
Communities declared that it proposed, by way of
Community action , to grant 690 tonnes of milled long
grain rice to the International Committee of the Red                                      Article 1
Cross under its 1978/79 food-aid programme ;
                                                                   1 . Tenders are hereby invited for the supply to the
Whereas pursuant to Article 3 (3) of Council Regula­               International Committee of the Red Cross, by way of
tion (EEC) No 2750/75 goods may be purchased                       Community food-aid action, of 690 tonnes of milled
anywhere on the Community market ;                                 long grain rice.
Whereas the proposed invitation to tender should be
for supply of the products delivered to Ashdod, that is            2. The tendering procedure shall take place in Italy
at the moment when the goods are actually placed on                in one lot. The product shall be mobilized on the
the quay or in the lighter where applicable ;                      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 Ashdod,
exchange rates applicable in the framework of the                  that is at the moment when the goods are actually
common agricultural policy since monetary compensa­                placed on the quay or in the lighter where applicable.
tory amounts do not apply in the rice sector ; whereas
it is advisable to take account of the monetary situa­
tion as regards different offers ;                                 4.    The successful tenderer shall deliver the product
                                                                   specified in paragraph 1 in new jute sacks lined with
(')  OJ No L 166, 25. 6. 1976, p. 1 .                              cotton sacks of a net capacity of 50 kilograms
(2)  OJ No L 188 , 26. 7. 1979, p.- 9 .                            (pre-slung).
(3 ) OJ No L 281 , 1 . 11 . 1975, p. 89 .
(4)  OJ No  106, 30 . 10 . 1962, p. 2553/62.
(5)  OJ No L 263, 19 . 9 . 1973, p. 1 .                            Minimum weight of sacks shall be 600 grams.
 ---pagebreak--- 13 . 11 . 79                         Official Journal of the European Communities                          No L 284/9
On the sacks shall be printed a red cross 1 5 x 15 cm,         guarantee issued by a credit institution conforming to
as well as the following :                                      the criteria laid down by each Member State.
'Milled rice / Gift of the European Economic Commu­
nity / Action of the International Committee of the                                       Article 6
Red Cross / For free distribution '.
                                                                1 . The milled long grain rice referred to in Article
To allow for the possibilities of re-bagging, the               1 to be supplied to the International Committee of
successful tenderer shall supply 2 % of new empty               the Red Cross must meet the following requirements :
sacks of the same quality as those containing the
goods but with the printing followed by a capital              — moisture : 15% ,
letter 'R.'                                                    — broken rice : 5 % maximum ,
                                                               —     chalky grains : 5 % maximum ,
                          Article 2                             —    grains striated with red : 3 % maximum ,
                                                                —    spotted grains : 1-5% maximum,
 1 . The decisions on tenders received in response to           —    stained grains : 1 % maximum ,
the invitation provided for in Article 1 shall be taken         —    yellow grains : 0-050 % maximum,
on 26 November 1979 .                                           —    amber grains : 0-20 % maximum .
2.      The closing date for the submission of tenders          Rice not meeting these requirements shall be refused .
shall be 26 November 1979 at 12 noon .
3.      The   notice   of invitation  to  tender  shall  be     2. Tenders for supply to the International
                                                                Committee of the Red Cross of the milled long grain
 published in the Official Journal of the European
                                                                rice referred to in Article 1 must relate to a product
 Communities not less than nine days before the
closing date for the submission of tenders.                     with the following characteristics :
                                                                — 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 ,
 2.     The rates used for converting into ECU those            —    yellow grains : 0-050 % maximum ,
 offers made in national currencies shall be :                  —    amber grains : 0-20 % maximum .
 — the      central  rate  in  cases  where   the  relevant
      currency is held at any given moment within a                                       Article 7
      band of 2-25 % ,
                                                                 1 . The Italian intervention agency shall be respon­
 — in other cases, the average spot exchange rate               sible for the operations relating to the invitation to
      during the period from Wednesday of one week to            tender provided for by this Regulation .
     Tuesday of the following week and which immedi­
      ately precedes the time limit for the submission of        2.    It shall forthwith communicate to the Commis­
      tenders.
                                                                 sion the list of firms which have responded to the invi­
                                                                 tation to tender, specifying the terms of each tender,
                          Article 4                              together with the name and business name of the
                                                                 successful tenderer.
 The contract shall be awarded to the tenderer offering
 the best terms.
                                                                 3.    Where the customs export formalities for the
 However, if the tenders submitted do not appear to              mobilized product are completed in a Member State
                                                                 other than that in which the invitation to tender is
 correspond to normal market prices and costs, the
 intervention agency may cancel the invitation to                issued, the intervention agency of the latter Member
 tender.                                                         State shall be responsible for the operations following
                                                                 tendering, including payment to the successful
                                                                 tenderer.
                          Article 5
  1 . The successful tenderer shall give security of a           In such case, the intervention agency choosing the
 value of 12 ECU per tonne ; the security is intended            successful tenderer shall immediately inform the inter­
 to guarantee that the operations specified in Article 1         vention agency of the Member State concerned and
 are duly completed . The security shall be forfeit if           shall supply it with all the information which it may
  those operations are not carried out within the pres­          require .
 cribed time limit, save as regards quantities not               Furthermore , the amount of the successful tender
 delivered owing to force majeure.
                                                                 shall be paid after it has been converted using the
  2. The security provided for in paragraph 1 may be             average of the spot rates referred to in Article 3 (2) to
  provided in the form of a cash deposit or of a                 the tenderer in the currency of the Member State in
 ---pagebreak--- No L 284/ 10                      Official Journal of the European Communities                              13 . 11 . 79
which the operations relating to the tendering are           tion agency which appoints the successful tenderer, it
completed.                                                   shall send as soon as possible to the latter the informa­
                                                             tion necessary for releasing the security.
4. The intervention agency shall ask that the
tenderer specifies the following information :
(a) after each shipment, a statement giving details of                               Article 8
    the quantities loaded, the quality of the products
    and their packaging ;                                    As regards this tender, the intervention agency is auth­
(b) the date of the departure of the ships ; the             orized to make an initial payment of 80 % of the
    expected date of arrival of the products at their        value of the quantity given in the bill of lading, on
    destination ;                                            presentation of that document and subject to the
                                                             taking of a security, for an amount equal to the initial
(c) all possible contingencies which might occur             payment.
    during transportation of the products.
The intervention agency shall transmit the informa­                                  Article 9
tion provided to the Commission as soon as it is
received .
                                                             This Regulation shall enter into force on the day of its
5. Where the intervention agency responsible for             publication in the Official Journal of the European
the operation relating to tendering is not the interven­     Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 9 November 1979 .
                                                                      For the Commission
                                                                       Finn GUNDELACH
                                                                          Vice-President
                          /