CELEX: 31979R1531
Language: en
Date: 1979-07-20 00:00:00
Title: Commission Regulation (EEC) No 1531/79 of 20 July 1979 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the League of Red Cross Societies

24 . 7 . 79                                Official Journal of the European Communities                       No L 186/ 13
                                       COMMISSION REGULATION (EEC) No 1531 /79
                                                            of 20 July 1979
                opening an invitation to tender for the mobilization of milled long grain rice as
                                         food aid for the League of Red Cross Societies
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 for the purpose of guaranteeing that the obliga­
                                                                      tions arising by virtue of participation in the invita­
                                                                      tion to tender will be fulfilled ;
 Having regard to Council Regulation (EEC) No
 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 in ques­
                                                                      tion ;
 Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                     Whereas the Commission must be informed quickly
 tions for the mobilization of cereals as food aid (3), and           of the tenders submitted in response to the invitation
 in particular Article 6 thereof,                                     and of those accepted by the intervention agency ;
 Having regard to Council Regulation No 129 on the                    Whereas the measures provided for in this Regulation
value of the unit of account and the exchange rates to                are in accordance with the opinion of the Manage­
be applied for the purposes of the common agricul­                    ment Committee for Cereals,
 tural policy (4), as last amended by Regulation (EEC)
 No 2543/73 (5), and in particular Article 3 thereof,
 Having regard to the opinion of the Monetary                         HAS ADOPTED THIS REGULATION :
 Committee,
Whereas on 8 May 1979 the Council of the European                                            Article 1
 Communities declared that it proposed, by way of
 Community action to grant 100 tonnes of milled long
grain rice to the League of Red Cross Societies under                 1 . Tenders are hereby invited for the supply to the
 its 1978/79 food-aid programme ;                                     League of Red Cross Societies, by way of Community
                                                                      food-aid action , of 100 tonnes of milled long grain
                                                                      rice .
Whereas pursuant to Article 3 (3) of Council Regula­
 tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;                                    2. The tendering procedure shall take place in Italy
                                                                      in one lot. The product shall be mobilized on the
Whereas the proposed invitation to tender should be                   Community market. The products shall be loaded for
 for supply of the products delivered Kigali ;                        departure from any Community port.
Whereas, in view of the different monetary circum­                    3 . The invitation to tender provided for in para­
stances in the Member States, the observation of these                graph 1 is for supply of products delivered Kigali .
conditions is not guaranteed by the application of
exchange rates applicable in the framework of the                     4. The successful tenderer shall deliver the product
common agricultural policy since monetary compensa­                   specified in paragraph 1 in new jute sacks lined with
tory amounts do not apply in the rice sector ; whereas                cotton sacks of a net capacity of 50 kilograms.
 it is advisable to take account of the monetary situa­
tion as regards different offers ;                                    On the sacks shall be printed a red cross, 15 x 15
                                                                      cm , as well as the following :
(')  OJ  No  L 166, 25 . 6 . 1976, p. 1 .
(2)  OJ  No  L 156, 14. 6. 1978 , p. 11 .
(3   OJ  No  L 281 , 1 . 1 1 . 1975 , p. 89 .                          Riz blanchi / Don de la Communauté économique
(4 ) OJ  No  106, 30 . 10 . 1962, p . 2553 /62.                       européenne / Action de la ligue des sociétés de la
  5) OJ  No  L 263 , 19 . 9 . 1973 , p. 1 .                           Croix-Rouge / Pour distribution gratuite / Kigali '.
 ---pagebreak---  No L 186/ 14                         Official Journal of the European Communities                            24 . 7 . 79
 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              1 . The milled long grain rice referred to in Article
 goods but with the printing followed by a capital               1 must meet the following requirements :
 letter 'R \
                                                                — moisture : 15% ,
                                                                — broken rice : 5 % maximum ,
                           Article 2
                                                                —    chalky grains : 5 % maximum,
                                                                —    grains striated with red : 3 % maximum,
 1 . The decision on tenders received in response to
                                                                —    spotted grains : 1-5% maximum,
 the invitation provided for in Article 1 shall be taken
                                                                —    stained grains : 1 % maximum,
 on 6 August 1979 .
                                                                —    yellow grains : 0 050 % maximum,
 2. The closing date for the submission of tenders              —    amber grains : 0 20 % maximum .
shall be 6 August 1979, at 12 noon .
                                                                Rice not meeting these requirements shall be refused.
3.     The     notice   of invitation to   tender  shall  be
 published in the Official Journal of the European              2. Tenders for supply of the milled long grain rice
 Communities, not less than nine days before the                referred to in Article 1 must relate to a product with
closing date for the submission of tenders.                     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 units of              —    yellow grains : 0*050 % maximum,
account those offers made in national currencies shall          —    amber grains : 0 20 % maximum .
be :
— the      central    rate in   cases where    the  relevant                             Article 7
     currency is held at any given moment within a
     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
                                                                mobilized product are completed in a Member State
However, if the tenders submitted do not appear to              other than that in which the invitation to tender is
reflect normal market prices and costs, the interven­           issued, the intervention agency of the latter Member
tion agency may cancel the invitation to 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 deliv­
ered owing to force majeure.                                    Furthermore, the amount of the successful tender
                                                                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 the second
given in the form of a cash deposit or of a guarantee           subparagraph of Article 3 (2) to the tenderer in the
issued by a credit institution conforming to the                currency of the Member State in which the operations
criteria laid down by the Member State .                        relating to the tendering are completed.
 ---pagebreak--- 24 . 7 . 79                        Official Journal of the European Communities                          No L 186/ 15
4. The intervention agency shall ask that the                 tion agency which appoints the successful tenderer, it
tenderer specifies the following information :                shall send as soon as possible to the latter the informa­
(a) after each shipment, a statement giving details of        tion necessary for releasing the security.
     the quantities loaded, the quality of the products                               Article 8
     and their packaging ;
(b) the date of the departure of the ships ; the              As regards this tender the intervention agency is auth­
     expected date of arrival of the products at their        orized to make an initial payment of 80 % of the
     destination ;                                            value of the quantity given in the bill of lading, on
(c) all possible contingencies which might occur              presentation of that document and subject to the
     during transportation of the products .                  taking of a security for an amount equal to the initial
                                                              payment .
The intervention agency shall transmit the informa­
tion provided for to the Commission as soon as it is                                  Article 9
received .
                                                              This Regulation shall enter into force on the day of its
5 . When the intervention agency responsible for              publication in the Official Journal of the European
the operations 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, 20 July 1979 .
                                                                        For the Comtnisffon
                                                                         Finn GUNDELACH
                                                                            Vice-President