CELEX: 31978R2388
Language: en
Date: 1978-10-13 00:00:00
Title: Commission Regulation (EEC) No 2388/78 of 13 October 1978 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the Republic of Guinea

14. 10 . 78                           Official Journal of the European Communities                         No L 288/ 13
                                  COMMISSION REGULATION (EEC) No 2388/78
                                                    of 13 October 1978
              opening an invitation to tender for the mobilization of milled long grain rice as
                                          food aid for the Republic of Guinea
THE COMMISSION OF THE EUROPEAN                                  Whereas provision should be made for security to be
COMMUNITIES,                                                    given for the purpose of guaranteeing that the obliga­
                                                                 tions arising by virtue of participation in the invita­
Having regard to the Treaty establishing the European           tion to tender for supplies to the Republic of Guinea
                                                                will be fulfilled ;
Economic Community,
                                                                Whereas the Italian intervention agency should be
Having regard to Council Regulation (EEC) No
1418/76 of 21 June 1976 on the common organiza­                  made responsible for the tendering procedure in ques­
                                                                 tion ;
tion of the market in rice ('), as amended by Regula­
tion (EEC) No 1260/78 (2),
                                                                 Whereas the Commission must be informed quickly
                                                                 of the tenders submitted in response to the invitation
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                and of those accepted by the intervention agency ;
tions for the mobilization of cereals as food aid (3), and
in particular Article 6 thereof,                                 Whereas the Monetary Committee will be consulted ;
                                                                 whereas, in view of the urgency, the measures envis­
Whereas on 30 January 1978 the Council of the Euro­              aged should be adopted in accordance with the condi­
                                                                 tions laid down in Article 3 (2) of Council Regulation
pean Communities declared that it proposed, by way               No 129 on the value of the unit of account and the
of Community action, to grant the equivalent of 500
tonnes of husked rice (in other words, 345 tonnes of
                                                                 exchange rates to be applied for the purposes of the
                                                                 common agricultural policy (4), as last amended by
milled long grain rice) to the Republic of Guinea                Regulation (EEC) No 2543/73 (5), and in particular
under its 1977/78 food-aid programme ;                           Article 3 thereof ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased                 Whereas the measures provided for in this Regulation
anywhere on the Community market ;                               are in accordance with the opinion of the Manage­
                                                                 ment Committee for Cereals,
Whereas the proposed invitation to tender should be
for supply of the products to the dock or in the
lighter where applicable at the port of unloading ;
                                                                 HAS ADOPTED THIS REGULATION :
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                                         Article 1
exchange rates applicable in the framework of the
common agricultural policy since monetary compensa­
tory amounts do not apply in the rice sector ; whereas            1 . Tenders are hereby invited for the supply to the
it is advisable to take account of the monetary situa­           Republic of Guinea by way of Community food-aid
tion as regards different offers ;                               action, of 345 tonnes of milled long grain rice.
Whereas the award under the invitation to tender                 2. The tendering procedure shall take place in Italy
must be made to the tenderer offering the best terms ;           in one lot. The product shall be mobilized on the
                                                                 Community market. The products shall be loaded for
                                                                 departure from any Community port.
Whereas, should force majeure make it impossible to
complete the operation in question within the time
limits specified, it must be made clear who is to bear           3. The invitation to tender provided for in para­
the liability for any resulting costs ;                          graph 1 is for supply of products to the dock, or in
                                                                 the lighter where applicable in the port of Conakry.
(') OJ No L 166, 25. 6. 1976, p. 1 .
(2) OJ No L 156, 14. 6. 1978, p. 11 .                            (4) OJ No 106, 30. 10 . 1962, p. 2553/62.
(3) OJ No L 281 , 1 . 11 . 1975, p. 89 .                         (») OJ No L 263, 19 . 9 . 1973, p. 1 .
 ---pagebreak--- No L 288 / 14                        Official Journal of the European Communities                            14. 10 . 78
4. The successful tenderer shall deliver the product           forfeit if those operations are not carried out within
specified in paragraph 1 in new jute sacks of a net            the prescribed time limit, save as regards quantities
capacity of 50 kilograms.                                      not delivered owing to force majeure.
Minimum weight of the sacks shall be 600 grams. The            2. The security provided for in paragraph 1 may be
following shall be printed on the sacks :                      given in the form of a cash deposit or of a guarantee
 Riz — Don de la Communauté économique euro­                   issued by a credit institution conforming to the
péenne à la République de Guinee / À distribuer grat­          criteria laid down by the Member State.
uitement'.
                                                                                          Article 6
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty               1 . The milled long grain rice referred to in Article
sacks, of the same quality as those containing the              1 to be supplied to the Republic of Guinea must meet
goods but with the printing followed by a capital               the following requirements :
letter ' R'.
                                                                — moisture : 15% ,
                          Article 2
                                                               — broken rice : 5 % maximum,
                                                                — chalky grains : 5 % maximum,
1 . The decision on tenders received in response to             — grains striated with red : 3 % maximum,
the invitation provided for in Article 1 shall be taken         —    spotted grains : 1 -5 % maximum,
on 30 October 1978 .                                            —    stained grains : 1 % maximum,
                                                                —    yellow grains : 0-050 % maximum,
2.     The closing date for the submission of tenders           —    amber grains : 0-20 % maximum .
shall be 30 October 1978 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 to the Republic of Guinea of
Communities, not less than nine days before the                 the milled long grain rice referred to in Article 1 must
closing date for the submission of tenders.                     relate to a product 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
to tender was issued.
                                                                —    spotted grains : 1 -5 % maximum,
                                                                —    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
                                                                sible for the operations relating to the invitation to
— in other cases, the average spot exchange rate                tender provided for by this Regulation .
     during the period from Wednesday of one week to
     Tuesday of the following week and which immedi­             2.    It shall forthwith communicate to the Commis­
     ately precedes the time limit for the submission of        sion the list of firms which have responded to the invi­
     tenders .                                                  tation to tender, specifying the terms of each tender
                                                                together with the name and business name of the
                          Article 4                             successful tenderer.
The contract shall be awarded to the tenderer offering           3 . Where the customs export formalities for the
 the best terms .                                                mobilized product are completed in a Member State
                                                                 other than that in which the invitation to tender is
 However, if the tenders submitted do not appear to              issued, the intervention agency of the latter Member
 reflect normal market prices and costs, the interven­           State shall be responsible for the operations following
 tion agency may cancel the invitation to tender.                tendering, including payment to the successful ten­
                                                                 derer.
                          Article 5
                                                                 In such case, the intervention agency choosing the
 1 . The successful tenderer shall give security of a            successful tenderer shall immediately inform the inter­
value of 10 units of account per tonne ; the security is         vention agency of the Member State concerned and
 intended to guarantee that the operations specified in          shall supply it with all the information which it may
 Article 1 are duly completed. The security shall be             require.
 ---pagebreak---  14 . 10 . 78                      Official Journal of the European Communities                           No L 288 / 15
Furthermore, the amount of the successful tender              5. When the intervention agency responsible for
shall be paid after it has been converted using the           the operations relating to tendering is not the interven­
average of the spot rates referred to in the second           tion agency which appoints the successful tenderer, it
subparagraph of Article 3 (2) to the tenderer in the          shall send as soon as possible to the latter the informa­
currency of the Member State in which the operations          tion necessary for releasing the security.
relating to the tendering are completed.
4. The intervention agency shall ask that the                                         Article 8
tenderer specifies the following information :
(a) after each shipment, a statement giving details of        As regards this tender the intervention agency is auth­
      the quantities loaded, the quality of the products      orized to make an initial payment of 80 % of the
      and their packaging ;                                   value of the quantity given in the bill of lading, on
                                                              presentation of that document and subject to the
(b) the date of the departure of the ships ; the              taking of a security for an amount equal to the initial
     expected date of arrival of the products at their        payment.
     destination ;
(c) all possible contingencies which might occur
     during transportation of the products.                                           Article 9
The intervention agency shall transmit the informa­           This Regulation shall enter into force on the day of its
tion provided for to the Commission as soon as it is          publication in the Official Journal of the European
received .                                                    Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 13 October 1978 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President