CELEX: 31977R2095
Language: en
Date: 1977-09-23 00:00:00
Title: Commission Regulation (EEC) No 2095/77 of 23 September 1977 opening an invitation to tender for the mobilization of long grain milled rice as food aid for the island of Mauritius

24. 9. 77                             Official Journal of the European Communities                         No L 245/ 11
                                  COMMISSION REGULATION (EEC) No 2095/77
                                                  of 23 September 1977
              opening an invitation to tender for the mobilization of long grain milled rice as
                                          food aid for the island of Mauritius
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 (1), 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 on the value of the unit of account and the
Whereas on 8 February 1977 the Council of the Euro­             exchange rates to be applied for the purposes of the
pean Communities declared that it proposed, by way              common agricultural policy (4), as last amended by
of Community action, to grant the equivalent of 1 750           Regulation (EEC) No 2543/73 (5), and in particular
tonnes of husked rice (in other words 1 400 tonnes of           Article 3 thereof ;
long grain milled rice) to the island of Mauritius
under its 1976/77 food-aid programme ;                          Whereas the measures provided for in this Regulation
                                                                are in accordance with the opinion of the Manage­
Whereas pursuant to Article 3 (3) of Council Regula­             ment Committee for Cereals,
tion {EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;
Whereas tenders should be invited for the supply of              HAS ADOPTED THIS REGULATION :
the product to the port of shipment in the vicinity of
the vessel, the goods to be set down at the place nomi­
nated by the recipient or its agent ;
                                                                                        Article 1
Whereas in view of the different monetary circum­
stances in the Member States, the observation of these           1 . Tenders are hereby invited for the supply to the
conditions is not guaranteed by the application of              island of Mauritius, by way of Community food-aid
exchange rates applicable in the framework of the               action, of 1 400 tonnes of long grain 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 products shall be loaded for
                                                                departure from any Mediterranean port.
Whereas the award under the invitation to tender
must be made to the tenderer offering the best terms ;           3 . The product referred to in paragraph 1 is to be
                                                                 delivered in new jute sacks oi a net capacity of 50 kilo­
Whereas, should force majeure make it impossible to             grams to the port of shipment in the vicinity of the
complete the operation in question within the time              vessel. The goods must be set down at the place nomi­
limits specified, it must be made clear who is to bear           nated by the recipient country or its agent, the timing
the liability for any resulting costs ;                         of delivery being settled by the tenderer and the recip­
                                                                 ient country's agent.
(') OJ No L 166, 25. 6. 1976, p. 1 .
(*) OJ No L 136, 2. 6. 1977, p. 13.                             (4 OJ No 106, 30. 10. 1962, p. 2553/62.
(>) OJ No L 281 , 1 . 11 . 1975, p. 89.                         (5 OJ No L 263, 19. 9 . 1973, p. 1 .
 ---pagebreak---    No L 245/ 12                      Official Journal of the European Communities                               24. 9. 77
   Minimum weight of the sacks shall be 600 grams. The          notice of invitation to tender as a result of the late
   following shall be printed on the sacks :                   availability of the vessels to be used for sea transporta­
   'Riz Blanchi — Don de la Communauté économique               tion, the resulting costs shall be borne by the interven­
   européenne à l'île Maurice'.                                 tion agency.
  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
  goods but with the printing followed by a capital            The successful tenderer shall give security of a value
   letter *R\                                                  of 10 units of account per tonne ; the security is
                                                               intended to guarantee that the operations specified in
                                                               Article 1 are duly completed. The security shall . be
                           Article 2
                                                                forfeit if those operations are not carried out within
   1 . The decision on tenders received in respose to          the prescribed time limit, save as regards quantities
   the invitation provided for in Article 1 shall be taken     not delivered owing to force majeure.
   on 10 October 1977.
                                                               2. The security provided for in paragraph 1 may be
   2.    The closing date for the submission of tenders        in the form of a cash deposit or of a guarantee issued
  shall be 10 October 1977 at 12 noon .                        by a credit institution conforming to the criteria laid
                                                               down by the Member State.
   3.    The    notice of invitation to tender shall be
  published in the Official Journal of the European
   Communities not less than nine days before the                                        Article 7
  closing date for the submission of tenders.
                                                                1 . The long grain milled rice referred to in Article
                           Article 3                            1 to be supplied to the island of Mauritius, must meet
                                                               the following requirements :
   1 . The prices offered must be expressed in the             — moisture : 1 5 % ;
  currency of the Member State in which the invitation
  to tender was issued .                                       — broken rice : 25 % maximum ;
                                                               —    chalky grains : 5 % maximum ;
  2. For the purpose of rendering the tenders compar­          —    grains striated with red : 3 % maximum ;
  able, the prices shall, where appropriate, be corrected      —    spotted grains : 1 -5 % maximum ;
  by the accession compensatory amount applicable on           —    stained grains : 1 % maximum ;
  the closing date for submission of tenders to exports        —    yellow grains : 0-050 % maximum ;
  from the Member State mentioned in the tender.               —    amber grains : 0-20 % maximum .
  3.     The rates used for converting into units of           Rice not meeting these requirements shall be refused.
  account those offers made in national currencies shall
  be :                                                         2. Tenders for supply to the island of Mauritius of
! — the      central  rate in  cases  where   the  relevant    the long grain milled rice referred to in Article 1 must
       currency is held at any given moment within a           relate to a product with the following characteristics :
       band of 2-25 % ,                                        — moisture : 1 5 % ;
  — in other cases, the average spot exchange rate             — broken rice : 25 % maximum :
       during the period from Wednesday of one week to         —    chalky grains : 5 % maximum ;
       Tuesday of the following week and which immedi­         —    grains striated with red : 3 % maximum ;
       ately precedes the time limit for the submission of     —    spotted grains : 1 -5 % maximum ;
       tenders.                                                —    stained grains : 1 % maximum ;
                                                               —    yellow grains : 0-050 % maximum ;
                           Article 4                           —    amber grains : 0-20 % maximum.
  The contract shall be awarded to the tenderer offering
  the best terms .                                                                       Article 8
  However, if the tenders submitted do not appear to           1 . The Italian intervention agency shall be respon­
  correspond to normal market prices and costs, the            sible for the operations relating to the invitation to
  intervention agency may cancel the invitation to             tender provided for by this Regulation.
  tender.
                                                               2.     It shall forthwith communicate to the Commis­
                           Article 5                           sion the list of firms which have responded to the invi­
                                                               tation to tender, specifying the terms of each tender,
  If the tenderer is unable to deliver the goods in            together with the name and business name of the
  compliance with Article 1 (3) on the date given in the       successful tenderer.
 ---pagebreak--- 24. 9. 77                          Official Journal of the European Communities                         No L 245/ 13
3. Where the customs export formalities for the              (b) the date of departure of the vessels.
mobilized product are completed in a Member State            The information indicated above shall be forwarded
other than that in which the invitation to tender is
                                                             by the intervention agency to the Commission imme­
issued, the intervention agency of the latter Member
State shall be responsible for the operations following      diately upon receipt.
tendering, including payment to the successful               5. When the intervention agency responsible for
tenderer.                                                    the operations relating to tendering is not the interven­
                                                             tion agency which appoints the successful tenderer, it
In such case, the intervention agency choosing the           shall send as soon as possible to the latter the informa­
successful tenderer shall immediately inform the inter­      tion necessary for releasing the security.
vention agency of the Member State concerned and
shall supply it with all the information which it may                                Article 9
require.
                                                             On delivery of the goods at the port of shipment, a
Furthermore, the amount of the successful tender
                                                             handing-over certificate shall be supplied to the
shall be paid after it has been converted using the          successful tenderer, acting as agent for the Commu­
average of the spot rates referred to in the second          nity, by the agent of the recipient country or, in the
subparagraph of Article 3 (3) to the tenderer in the         absence of the latter, by the intervention agency of the
currency of the Member State in which the operations         Member State in whose territory the port of shipment
relating to the tendering are completed.                     is situated.
4. The intervention agency shall request the
successful tenderer to supply the following informa­                                 Article 10
tion :
                                                             This Regulation shall enter into force on the day of its
(a) after each shipment a certificate showing the quan­       publication in the Official Journal of the European
    tities dispatched and the quality of the products ;       Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
               Done at Brussels, 23 September 1977.
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President