CELEX: 31978R0385
Language: en
Date: 1978-02-24 00:00:00
Title: Commission Regulation (EEC) No 385/78 of 24 February 1978 opening an invitation to tender for the mobilization of round-grain semi-milled rice as food aid for the United Nations High Commission for Refugees

No L 54/8                              Official Journal of the European Communities                             25 . 2 . 78
                                  COMMISSION REGULATION (EEC) No 385/78
                                                    of 24 February 1978
              opening an invitation to tender for the mobilization of round grain semi-milled
                  rice as food aid for the United Nations High Commission for Refugees
THE COMMISSION OF THE EUROPEAN                                    Whereas provision should be made for security to be
COMMUNITIES,                                                      given to guarantee fulfilment of the obligations arising
                                                                  by virtue of participation in the invitation to tender ;
Having regard to the Treaty establishing the European
Economic Community,                                               Whereas the Italian intervention agency should be
                                                                  made responsible for the tendering procedure ;
Having regard to Council Regulation (EEC) No
1418/76 of 21 June 1976 on the common organiza­                   Whereas the Commission must be informed quickly
tion of the market in rice (J ), as amended by Regula­            of the tenders submitted in response to the invitation
tion (EEC) No 1158/77 (2),                                        and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No                      Whereas the Monetary Committee will be consulted ;
2750/75 of 29 October 1975 laying down the condi­                 whereas, in view of the urgency, the measures envis­
tions for the mobilization of cereals as food aid (3), and        aged should be adopted in accordance with the condi­
in particular Article 6 thereof,                                  tions laid down in Article 3 (2) of Council Regulation
                                                                  No 129 (4) on the value of the unit of account and the
                                                                  exchange rates to be applied for the purposes of the
Whereas on 8 February 1977 the Council of the Euro­               common agricultural policy, as last amended by Regu­
pean Communities declared that it proposed, by way                lation (EEC) No 2543/73 (5), and in particular Article
of Community action, to grant the equivalent of 2 500             3 thereof ;
tonnes of husked rice (in other words, 2 070 tonnes of
round grain semi-milled rice) to the United Nations
High Commission for Refugees under its 1976/77                    Whereas the measures provided for in this Regulation
food-aid programme ;                                              are in accordance with the opinion of the Manage­
                                                                  ment Committee for Cereals,
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;
                                                                  HAS ADOPTED THIS REGULATION :
Whereas the proposed invitation to tender should be
for supply of the products delivered to Vientiane via
Bangkok ;                                                                                     Article 1
Whereas, in view of the different monetary circum­                1 . Tenders are herby invited for the supply to the
stances in the Member States, the observation of these            United Nations High Commission for Refugees, by
conditions is not guaranteed by the application of                way of Community action , of 2 070 tonnes of round
exchange rates applicable in the framework of the                 grain semi-milled rice .
common agricultural policy since monetary compensa­
tory amounts do not apply in the rice sector ; whereas            2. The tendering procedure shall take place in Italy
it is advisable to take account of the monetary situa­            in one lot. The product shall be mobilized on the
tion as regards different offers ;                                Community market. The product shall be loaded for
                                                                  departure from any Community port.
Whereas the award under the invitation to tender
must be made to the tenderer offering the best terms ;            3 . The invitation to tender provided for in para­
                                                                  graph 1 is for supply of the products delivered to
Whereas, should force majeure make it impossible to               Vientiane via Bangkok.
complete the operation in question within the time
limits specified, it must be made clear who is to bear            4. The successful tenderer shall deliver the product
the liability for any resulting costs ;                           specified in paragraph 1 in new jute sacks lined with
                                                                  cotton sacks of a net capacity of 50 kilograms.
(') OJ No L 166, 25 . 6 . 1976, p. 1 .
(2) OJ No L 136, 2. 6 . 1977, p. 13 .                             (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---    25. 2. 78                          Official Journal of the European Communities                           Nd L 54/ 9
   The following shall be printed on the sacks :                 intended to guarantee that the operations specified in
   'Riz semi-blanchi / Don de la Communauté écono­               Article 1 are duly completed . The security shall be
   mique européenne / Action humanitaire de l'UNHCR              forfeit if those operations are not carried out within
   au Laos'.                                                     the prescribed time limit, save as regards quantities
                                                                 not delivered owing to force majeure.
   To allow for the possibility of re-bagging, the
>  successful tenderer shall supply 2 % of new empty             2. The security provided for in paragraph 1 may be
   sacks, of the same quality as those containing the            given in the form of a cash deposit or of a guarantee
   goods but with the printing followed by a capital             issued by a credit institution conforming to the
   letter 'R\                                                    criteria laid down by the Member State .
                                                                                          Article 6
                            Article 2
    1 . The decision on tenders received in response to          1 . The round grain semi-milled rice referred to in
   the invitation provided for in Article 1 shall be taken       Article 1 to be supplied to the United Nations High
   on 13 March 1978 .                                            Commission for Refugees must meet the following
                                                                 requirements :
   2.     The closing date for the submission of tenders         — moisture : 15 % ,
   shall be 13 March 1978 at 12 noon .
                                                                 — broken rice : 10 % maximum ,
i  3.     The   notice of invitation   to  tender shall be       —   chalky grains : 5 % maximum,
t  published in the Official Journal of the European             —   grains striated with red : 3 % maximum ,
    Communities not less than nine days before the
   closing date for the submission of tenders.                   —   spotted grains : 1.5 % maximum ,
                                                                 —   stained grains : 1 % maximum ,
                           Article 3                             —   yellow grains : 0.050 % maximum ,
                                                                 —   amber grains : 0.20 % maximum .
    1 . The prices offered must be expressed in the
   currency of the Member State in which the invitation          Rice not meeting these requirements shall be refused .
   to tender was issued .
                                                                 2. Tenders for supply to the United Nations High
   2. For the purpose of rendering the tenders compar­           Commission for Refugees of the round grain semi­
   able, the prices shall, where appropriate, be corrected       milled rice referred to in Article 1 must relate to a
   by the accession compensatory amount applicable on            product with the following characteristics :
   the closing date for submission of tenders to exports         — moisture : 15 % ,
   from the Member State mentioned in the tender.
                                                                 — broken rice : 10 % maximum,
   3.     The rates used for converting into units of            —    chalky grains : 5 % maximum,
   account those offers made in national currencies shall
                                                                 —   grains striated with red : 3 % maximum,
   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
        band of 2-25 % ,
                                                                 —   yellow grains : 0.050 % maximum,
                                                                 —    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
        offers.
                                                                 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
                           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
   value of 10 units of account per tonne ; the security is      tenderer.
 ---pagebreak--- No L 54/ 10                       Official Journal of the European Communities                               25 . 2. 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 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
                                                             5. When the intervention agency responsible for
require.
                                                             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 (3) 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 transportation of the products.                    Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 24 February 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President