CELEX: 31978R2637
Language: en
Date: 1978-11-10 00:00:00
Title: Commission Regulation (EEC) No 2637/78 of 10 November 1978 opening an invitation to tender for the mobilization of husked long grain rice as food aid for the League of Red Cross Societies

No L 318/32                         Official Journal of the European Communities                           11 . 11 . 78
                                COMMISSION REGULATION (EEC) No 2637/78
                                                 of 10 November 1978
              opening an invitation to tender for the mobilization of husked long grain rice as
                                  food aid for the League of Red Cross Societies
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                  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 amended by Regula­          and of those accepted by the intervention agency ;
tion (EEC) No 1260/78 (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
in particular Article 6 thereof,                               No 129 on the value of the unit of account and the
                                                               exchange rates to be applied for the purposes of the
                                                               common agricultural policy (4), as last amended by
Whereas on 30 January 1978 the Council of the Euro­            Regulation (EEC) No 2543/73 (5), and in particular
pean Communities declared that it proposed, by way             Article 3 thereof ;
of Community action, to grant 100 tonnes of husked
long grain rice to the League of Red Cross Societies
under its 1977/78 food-aid programmes ;                        Whereas the measures provided for in this Regulation
                                                               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 to the dock or in the
lighter where applicable at the port of unloading ;                                   Article 1
Whereas in view of the different monetary circum­               1 . Tenders are hereby invited for the supply to the
stances in the Member States, the observation of these         League of Red Cross Societies, by way of Community
conditions is not guaranteed by the application of             food-aid action, of 100 tonnes of husked long grain
exchange rates applicable in the framework of the              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.
tion as regards different offers ;
                                                               The products shall be mobilized on the Community
Whereas the award under the invitation to tender                market.
must be made to the tenderer offering the best terms ;
                                                               Shipment shall be from a Community port.
Whereas, should force majeure make it impossible to
complete the operation in question within the time              3. The invitation to tender provided for in para­
limits specified, it must be made clear who is to bear         graph 1 is for supply of products to the dock, or in
the liability for any resulting costs ;                         the lighter where applicable in the port of Port-Au­
                                                                Prince .
(') OJ No L 166, 25. 6. 1976, p. 1 .
 i) OJ No L 156, 14. 6. 1978, p. 11 .                          («) OJ No 106, 30. 10. 1962, p. 2553/62.
 > OJ No L 281 , 1 . 11 . 1975, p. 89.                         (») OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak---  11 . 11 . 78                        Official Journal of the European Communities                         No L 318/33
4. The successful tenderer shall deliver the product           intervention agency may cancel the invitation to
specified in paragraph 1 in new jute sacks of a net            tender.
capacity of 50 kilograms.
                                                                                        Article 5
Minimum weight of the sacks shall be 600 grams. The
following shall be printed on the sacks :
                                                                1 . The successful tenderer shall give security of a
A red cross, 15 x 15 cm followed by :                          value of 1 0 units of account per tonne. The security is
'Riz décortiqué / Don de la Communauté écono­                  intended to guarantee that the operations specified in
mique européenne / Action de la Ligue des Sociétés             Article 1 are duly completed. The security shall be
de la Croix-Rouge / À distribuer gratuitement / Port­          forfeit if those operations are not carried out within
au-Prince.'                                                    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 2                                                     Article 6
 1 . The decision on tenders received in response to           The husked long grain rice referred to in Article 1 to
the invitation provided for in Article 1 shall be taken        be supplied to the League of Red Cross Societies must
on 27 November 1978 .                                          meet the following requirements :
                                                               (a) rice, free of odour, of a sound and fair marketable
2.     The closing date for the submission of tenders               quality ;
shall be 27 November 1978 at 12 noon .
                                                               (b) moisture content : 1 5 % ;
3.     The    notice   of invitation to   tender shall   be
                                                               (c) percentage of rice grains which are not of unim­
published in the Official Journal of the European                   paired quality :
Communities not less than nine days before the
                                                                    — paddy grains : 1 % ,
closing date for the submission of tenders.
                                                                    — broken rice : 5 % ,
                          Article 3                                 — green grains or grains showing natural malfor­
                                                                         mation 5 % (including up to 0-5 % of red
1 . The prices offered must be expressed in the                          grains) ;
currency of the Member State in which the invitation           (d) tolerance of extraneous matter, consisting of :
to tender was issued .
                                                                    — mineral or vegetable inedible substances
2. For the purpose of rendering the tenders compar­                      provided that they are not toxic : 0-01 %,
able, the prices shall, where appropriate, be corrected             — extraneous grains or parts thereof, edible :
by the monetary compensatory amount applicable on                        0-10 % ;
the closing date for submission of tenders to exports          (e) when wholly milled, percentage of wholly milled
from the Member State mentioned in the tender.
                                                                    rice grains which are not of unimpaired quality :
3.     The rates used for converting into units of                  — chalky grains : 5 % ,
account those offers made in national currencies shall              — spotted grains : 1-5 % ,
be :
                                                                    — yellow grains : 0-05 % ,
— the      central   rate in   cases where    the  relevant         — stained grains : 1 % ,
     currency is held at any given moment within a                 — amber grains : 0-20 % .
     band of 2-25 % ,
— in other cases, the average spot exchange rate               Rice not meeting these requirements shall be refused.
     during the period from Wednesday of one week to
     Tuesday of the following week and which immedi­                                    Article 7
     ately precedes the time limit for the submission of
     offers .                                                  1 . The Italian intervention agency shall be respon­
                                                               sible , for the operations relating to the invitation to
                          Article 4                            tender provided for by this Regulation .
                                                               2.     It shall forthwith communicate to the Commis­
The contract shall be awarded to the tenderer offering
the best terms .                                               sion the list of firms which have responded to the invi­
                                                               tation to tender, specifying the terms of each tender,
However, if the tenders submitted do not appear to             together with the name and business name of the
correspond to normal market prices and costs, the              successful tenderer.
 ---pagebreak--- No L 318 /34                      Official Journal of the European Communities                               11 . 11 . 78
3 . Where the customs export formalities for the             (c) all possible contingencies which might occur
mobilized product are completed in a Member State                 during transportation of the products.
other than that in . which the invitation to tender
is issued, the intervention agency of the latter Member      The intervention agency shall transmit the informa­
State shall be responsible for the operations following      tion provided for to the Commission as soon as it is
tendering, including payment to the successful                received .
tenderer.
                                                              5. When the intervention agency responsible for
In such case, the intervention agency choosing the            the operations relating to tendering is not the interven­
successful tenderer shall immediately inform the inter­       tion agency which appoints the successful tenderer, it
vention agency of the Member State concerned and              shall send as soon as possible to the latter the informa­
shall supply it with all the information which it may         tion necessary for releasing the security.
require.
Furthermore, the amount of the successful tender                                       Article 8
shall be paid after it has been converted using the
average of the spot rates referred to in the second
                                                              As regards this tender, the intervention agency is auth­
subparagraph of Article 3 (3) to the tenderer in the          orized to make an initial payment of 80 % of the
currency of the Member State in which the operations
relating to the tendering are completed.
                                                              value of the quantity given in the bill of lading, on
                                                              presentation of that document and subject to the
4. The intervention agency shall ask that the                 taking of a security for an amount equal to the initial
tenderer specifies the following information :                payment.
(a) after each shipment, a statement giving details of
     the quantities loaded, the quality of the products                                Article 9
     and their packaging ;
(b) the date of the departure of the ships ; the              This Regulation shall enter into force on the day of its
     expected date of arrival of the products at their        publication in the Official Journal of the European
     destination ;                                             Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 10 November 1978 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President