CELEX: 31979R1839
Language: en
Date: 1979-08-17 00:00:00
Title: Commission Regulation (EEC) No 1839/79 of 17 August 1979 opening an invitation to tender for the mobilization of milled long grain rice as food aid for Sierra Leone

18 . 8 . 79                                Official Journal of the European Communities                        No L 209/ 17
                                      COMMISSION REGULATION (EEC) No 1839/79
                                                          of 17 August 1979
                opening an invitation to tender for the mobilization of milled long grain rice as
                                                      food aid for Sierra Leone
THE COMMISSION OF THE EUROPEAN                                        Whereas the award under the invitation to tender
 COMMUNITIES,                                                         must be made to the tenderer offering the best terms ;
 Having regard to the Treaty establishing the European
                                                                      Whereas, should force majeure make it impossible to
 Economic Community,
                                                                      complete the operation in question within the time
                                                                      limits specified, it must be made clear who is to bear
 Having regard to Council Regulation (EEC) No                         the liability for any resulting costs ;
 1418/76 of 21 June 1976 on the common organiza­
 tion of the market in rice ('), as last amended by Regu­
lation (EEC) No 1260/78 (2),                                          Whereas provision should be made for security to be
                                                                      given to guarantee fulfilment of the obligations arising
 Having regard to Council Regulation (EEC) No                         by virtue of participation in the invitation to tender ;
 2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (}), and            Whereas the Italian intervention agency should be
 in particular Article 6 thereof,                                     made responsible for the tendering procedure ;
 Having regard to Council Regulation No 129 on the
value of the unit of account and the exchange rates to                Whereas the Commission must be informed quickly
be applied for the purposes of the common agricul­                    of the tenders submitted in response to the invitation
tural policy (4), as last amended by Regulation (EEC)                 and of those accepted by the intervention agency ;
 No 2543/73 (5), and in particular Article 3 thereof,
                                                                      Whereas the measures provided for in this Regulation
 Having regard to the opinion of the Monetary                         are in accordance with the opinion of the Manage­
 Committee,                                                           ment Committee for Cereals,
Whereas on 8 May 1979 the Council of the European
 Communities declared that it proposed, by way of
 Community action, to grant 690 tonnes of milled long
grain rice to Sierra Leone under its 1978/79 food-aid
                                                                       HAS ADOPTED THIS REGULATION :
programme ;
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased
                                                                                              Article 1
anywhere on the Community market ;
Whereas tenders should be invited for the supply of                    1 . Tenders are hereby invited for the supply to
the product to the port of shipment in the vicinity of                Sierra Leone by way of Community food-aid action of
the vessel, the goods to be set down at the place nomi­               690 tonnes of milled long grain rice.
nated by the recipient or its agent ;
Whereas in view of the different monetary circum­                     2. The tendering procedure shall take place in Italy
stances in the Member States the observation of these                 in one lot. The product shall be mobilized on the
conditions is not guaranteed by the application of                    Community market. Loading shall be carried out in a
exchange rates applicable in the framework of the                     Community port which has regular services to Sierra
                                                                      Leone .
common agricultural policy since monetary compensa­
tory amounts do not apply in the rice sector ; whereas
it is advisable to take account of the monetary situa­                3. The product referred to in paragraph 1 is to be
tion as regards different offers ;                                    delivered in new jute sacks of a net capacity of 50 kilo­
                                                                      grams to the port of shipment in the vicinity of the
(>) OJ   No  L 166, 25. 6. 1976, p. 1 .                               vessel. The goods must be set down at the place nomi­
(2) OJ   No  L 156, 14. 6. 1978 , p. 11 .
(') OJ   No  L 281 , 1 . 11 . 1975, p. 89 .                           nated by the recipient country or its agent, the timing
(4) OJ   No  106, 30. 10. 1962, p. 2553/62.                           of delivery being settled by the tenderer and the recip­
(5) OJ   No  L 263 , 19 . 9 . 1973 , p. 1 .                           ient country's agent.
 ---pagebreak--- No L 209/ 18                         Official Journal of the European Communities                             18 . 8 . 79
Minimum weight of the sacks shall be 600 grams. The                                       Article 6
following shall be printed on the sacks :
                                                                1 . The successful tenderer shall give security of a
'White rice / Gift of the European Economic Commu­
                                                               value of 12 ECU per tonne ; the security is intended
nity to the Republic of Sierra Leone / For free distribu­      to guarantee that the operations specified in Article 1
tion'.
                                                               are duly completed. The security shall be forfeit if
To allow for the possibility of re-bagging, the                those operations are not carried out within the pres­
successful tenderer shall supply 2 % of new empty              cribed time limit, save as regards quantities not deliv­
sacks, of the same quality as those containing the             ered owing to force majeure.
goods but with the printing followed by a capital
letter ' R '.                                                   2. The security provided for in paragraph 1 may be
                                                                in the form of a cash deposit or of a guarantee issued
                                                               by a credit institution conforming to the criteria laid
                          Article 2                            down by the Member State .
 1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken                                   Article 7
on 3 September 1979 .
2. The closing date for the submission of tenders               1 . The milled long grain rice referred to in Article
shall be 3 September 1979 at 12 noon .                          1 to be supplied to Sierra Leone must meet the
                                                                following requirements :
3.     The    notice   of invitation  to  tender shall   be
                                                               — moisture : 15% ,
published in the Official Journal of the European
 Communities not less than nine days before the                — broken rice : 5 % maximum ,
closing date for the submission of tenders.                    —     chalky grains : 5 % maximum,
                                                               —     grains striated with red : 3 % maximum,
                          Article 3
                                                               —     spotted grains : 1 -5 % maximum,
 1 . The prices offered must be expressed in the                —    stained grains : 1 % maximum,
currency of the Member State in which the invitation           —     yellow grains : 0-050 % maximum,
to tender was issued .
                                                                —    amber grains : 0-20 % maximum .
2.     The rates used for converting into ECU those
offers made in national currencies shall be :                   Rice not meeting these requirements shall be refused.
— the       central  rate in   cases where    the  relevant
                                                                2. Tenders for supply to Sierra Leone of the milled
     currency is held at any given moment within a
     band of 2-25 % ,
                                                                long grain rice referred to in Article 1 must relate to a
                                                                product with the following characteristics :
— in other cases the average spot exchange rate
     during the period from Wednesday of one week to            — moisture : 15% ,
     Tuesday of the following week and which immedi­            — broken rice : 5 % maximum,
     ately precedes the time limit for the submission of
     tenders .                                                  —    chalky grains : 5 % maximum ,
                                                                —    grains striated with red : 3 % maximum,
                          Article 4                             —    spotted grains : 1 -5 % maximum,
                                                                —    stained grains : 1 % maximum,
The contract shall be awarded to the tenderer offering
the best terms .                                                —    yellow grains : 0-050 % maximum,
                                                                —    amber grains : 0-20 % maximum .
However, if the tenders submitted do not appear to
correspond to normal market prices and costs, the
intervention agency may cancel the invitation to                                          Article 8
tender.
                                                                 1 . The Italian intervention agency shall be respon­
                          Article 5                             sible for the operations relating to the invitation to
                                                                tender provided for by this Regulation.
If the tenderer is unable to deliver the goods in
compliance with Article 1 (3) on the date given in the          2.     It shall forthwith communicate to the Commis­
notice of invitation to tender as a result of the late          sion the list of firms which have responded to the invi­
availability of the vessels to be used for sea transporta­      tation to tender, specifying the terms of each tender,
tion , the resulting costs shall be borne by the interven­      together with the name and business name of the
tion agency.                                                    successful tenderer.
 ---pagebreak--- 18 . 8 . 79                        Official Journal of the European Communities                          No L 209 / 19
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
issued, the intervention agency of the latter Member          by the intervention agency to the Commission imme­
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 Article 3 (2) to     nity, by the agent of the recipient country or, in the
the tenderer in the currency of the Member State in           absence of the latter, by the intervention agency of the
which the operations relating to the tendering are            Member State in whose territory the port of shipment
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, 17 August 1979.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President