CELEX: 31978R1242
Language: en
Date: 1978-06-08 00:00:00
Title: Commission Regulation (EEC) No 1242/78 of 8 June 1978 opening an invitation to tender for the mobilization of round grain milled rice as food aid for the Republic of Cape Verde

10. 6. 78                            Official Journal of the European Communities                         No L 154/9
                                  COMMISSION REGULATION (EEC) No 1242/78
                                                      of 8 June 1978
               opening an invitation to tender for the mobilization of round grain milled rice
                                     as food aid for the Republic of Cape Verde
 THE COMMISSION OF THE EUROPEAN                                  tion to tender for supplies to the Republic of Cape
 COMMUNITIES,                                                    Verde will be fulfilled ;
 Having regard to the Treaty establishing the European           Whereas the Italian intervention agency should be
 Economic Community,                                             made responsible for the tendering procedure ;
 Having regard to Council Regulation (EEC) No                    Whereas the Commission must be informed quickly
 1418/76 of 21 June 1976 on the common organiza­                 of the tenders submitted in response to the invitation
 tion of the market in rice (•), as last amended by Regu­        and of those accepted by the intervention agency ;
 lation (EEC) No 1 1 26/78 (2),
                                                                Whereas the Monetary Committee will be consulted ;
 Having regard to Council Regulation (EEC) No                    whereas, in view of the urgency, the measures envis­
 2750/75 of 29 October 1975 laying down the condi­               aged should be adopted in accordance with the condi­
 tions for the mobilization of cereals as food aid (3), and      tions laid down in Article 3 (2) of Council Regulation
                                                                 No 129 on the value of the unit of account and the
 in particular Article 6 thereof,
                                                                 exchange rates to be applied for the purposes of the
Whereas on 30 January 1978 the Council of the Euro­              common agricultural policy (4), as last amended by
 pean Communities declared that it proposed, by way              Regulation (EEC) No 2543/73 (5), and in particular
 of Community action, to grant the equivalent of 3 500          Article 3 thereof ;
 tonnes of husked rice (in other words, 2 712 tonnes of
 round grain milled rice) to the Republic of Cape               Whereas the measures provided for in this Regulation
Verde under its 1977/78 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 for
                                                                                          Article 1
supply of the products to the dock or in the lighter
where applicable at the port of unloading ;
                                                                 1 . Tenders are hereby invited for the supply to the
Whereas in view of the different monetary circum­                Republic of Cape Verde, by way of Community
stances in the Member States, the observation of these          action, of 2 712 tonnes of round grain milled rice.
conditions is not guaranteed by the application of
exchange rates applicable in the framework of the               2. The tendering procedure shall take place in Italy
common agricultural policy since monetary compensa­             in two lots. The product shall be mobilized on the
tory amounts do not apply in the rice sector ; whereas          Community market. The product shall be loaded for
it is advisable to take account of the monetary situa­          departure from any Community port.
tion as regards different offers ;                              3 . The invitation to tender provided for in para­
Whereas the award under the invitation to tender
                                                                graph 1 is for supply of products to the dock, or in
                                                                the lighter where applicable in one of the ports of
must be made to the tenderer offering the best terms ;          unloading listed in the Annex hereto.
Whereas, should force majeure make it impossible to             4. The successful tenderer shall deliver the product
complete the operation in question within the time              specified in paragraph 1 in new jute sacks of a net
limits specified, it must be made clear who is to bear          capacity of 50 kilograms.
the liability for any resulting costs ;
                                                                Minimum weight of the sacks shall be 600 grams. The
Whereas provision should be made for security to be             following shall be printed on the sacks :
given for the purpose of guaranteeing that the obliga­
tions arising by virtue of participation in the invita­          Arroz blanqueado / Dom da Comunidade Economica
                                                                Europeia.'
0) OJ No L 166, 25. 6. 1976, p. 1 .
(2) OJ No L 142, 30 . 5. 1978 , p. 23 .                         (4) OJ No 106, 30. 10 . 1962, p. 2553 /62.
Q) OJ No L 281 , 1 . 11 . 1975, p. 89 .                         (5) OJ No L 263, 19 . 9 . 1973, p. 1 .
 ---pagebreak--- No L 154/ 10                       Official Journal of the European Communities                             10 . 6. 78
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 round grain milled rice referred to in Article
goods but with the printing followed by a capital             1 to be supplied to the Republic of Cape Verde must
letter 'R\                                                    meet the following requirements :
                                                             — moisture : 1 5 % ;
                        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 26 June 1978 .                                            —     stained grains : 1 % maximum ;
2.     The closing date for the submission of tenders         —    yellow grains : 0-050 % maximum ;
shall be 26 June 1978 at 12 noon .                            —    amber grains : 0*20 % maximum.
3.     The   notice of invitation to tender shall be          Rice not meeting these requirements shall be refused.
published in the Official Journal of the European
Communities not less than nine days before the                2. Tenders for supply to the Republic of Cape
closing date for the submission of tenders.                   Verde of the round grain milled rice referred to in
                                                              Article 1 must relate to a product with the following
                                                              characteristics :
                        Article 3
                                                              — moisture : 1 5 % ;
1 . The prices offered must be expressed in the               — broken rice : 5 % maximum ;
currency of the Member State in which the invitation          —    chalky grains : 5 % maximum ;
to tender was issued.                                         —    grains striated with red : 3 % maximum ;
                                                              —    spotted grains : 1 -5 % maximum ;
2.     The rates used for converting into units of            —    stained grains : 1 % maximum ;
account those offers made in national currencies shall
                                                              —    yellow grains : 0-050 % maximum ;
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 % ,
— in other cases, the average spot exchange rate              1 . The Italian intervention agency shall be respon­
     during the period from Wednesday of one week to          sible for the operations relating to the invitation to
     Tuesday of the following week and which immedi­          tender provided for by this Regulation.
     ately precedes the time limit for the submission of
     tenders .                                                2.     It shall forthwith communicate to the Commis­
                                                              sion the list of firms which have responded to the invi­
                         Article 4                            tation to tender, specifying (he terms of each tender
                                                              together with the name and business name of the
The contract shall be awarded to the tenderer offering        successful tenderer.
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
correspond to normal market prices and costs, the             other than that in which the invitation to tender is
 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
                         Article 5                            tenderer.
 1 . The successful tenderer shall give security of a         In such case, the intervention agency choosing the
value of 10 units of account per tonne ; the security is      successful tenderer shall immediately inform the inter­
 intended to guarantee that the operations specified in       vention agency of the Member State concerned and
Article 1 are duly completed. The security shall be           shall supply it with all the information which it may
 forfeit if those operations are not carried out within       require.
 the prescribed time limit, save as regards quantities
 not delivered 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--- 10 . 6. 78                        Official Journal of the European Communities                                 No L 154/ 11
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, 8 June 1978 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                             Vice-President
                                                        ANNEX
                 Number
                   of lot
                                     Port of unloading            Minimum rate of unloading        Tonnage cif
                     1    Mindelo                                                                    1 080
                     2    Praia                                |Customs of the port                  1 632