CELEX: 31976R1723
Language: en
Date: 1976-07-16 00:00:00
Title: Commission Regulation (EEC) No 1723/76 of 16 July 1976 opening an invitation to tender for the mobilization of round grain milled rice as food aid for the International Committee of the Red Cross

17. 7 . 76                            Official Journal of the European Communities                       No L 193/ 13
                                  COMMISSION REGULATION (EEC) No 1723/76
                                                      of 16 July 1976
              opening an invitation to tender for the mobilization of round grain milled rice
                          as food aid for the International Committee of the Red Cross
THE COMMISSION OF THE EUROPEAN                                  Whereas the Italian intervention agency should be
COMMUNITIES,                                                    made responsible for the tendering procedure ;
Having regard to the Treaty establishing the European           Whereas the Commission must be informed quickly
Economic Community,                                             of the tenders submitted in response to the invitation
                                                                and of those accepted by the intervention agency ;
Having regard to Council Regulation (EEC) No
1418/76 of 21 June 1976 on the common organiza­                 Whereas the Monetary Committee will be consulted ;
tion of the market in rice (J ),                                whereas, in view of the urgency, the measures envis­
                                                                aged should be adopted in accordance with the condi­
Having regard to Council Regulation (EEC) No                    tions laid down in Article 3 (2) of Council Regulation
                                                                No 129 (3) on the value of the unit of account and the
2750/75 of 29 October 1975 laying down the condi­
tions for the mobilization of cereals as food aid (2), and      exchange rates to be applied for the purposes of the
in particular Article 6 thereof,                                common agricultural policy, as last amended by Regu­
                                                                lation (EEC) No 2543/73 (4), and in particular Article
                                                                3 thereof ;
Whereas on 25 March 1976 the Council of the Euro­
pean Communities declared that it proposed, by way              Whereas the measures provided for in this Regulation
of Community action, to grant the equivalent of 967-5           are in accordance with the opinion of the Manage­
metric tons of husked rice (in other words, 750 metric           ment Committee for Cereals,
tons of round grain milled rice) to the International
Committee of the Red Cross under its 1 975/76 food­
aid programme ;
                                                                 HAS ADOPTED THIS REGULATION :
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;                                                      Article 1
Whereas the proposed invitation to tender should be              1 . Tenders are hereby invited for supply to the
for supply of the products delivered Ashdod, Valpa­              International Committee of the Red Cross, by way of
raiso or Manila, that is at the moment when the goods            Community action, of 750 metric tons of round grain
are actually placed on the dock or in the lighter where          milled rice
applicable ;                                  .
                                                                This quantity shall be distributed as follows :
Whereas in view of the different monetary circum­
stances in the Member States, the observation of these          — 300 metric tons destined for Cis-Jordan and Gaza­
conditions is not guaranteed by the application of                   Sinai (lot 1 ),
exchange rates applicable in the framework of the               — 300 metric tons destined for Chile (lot 2),
common agricultural policy since monetary compensa­             — 150 metric tons destined for the Philippines (lot
tory amounts do not apply in the rice sector ; whereas               3­
it is advisable to take account of the monetary situa­
tion as regards different offers ;                               2. The tendering procedure shall take place in Italy
                                                                 in three lots. The product shall be mobilized on the
Whereas the award under the invitation to tender                 Community market. The product shall be loaded for
must be made to the tenderer offering the best terms ;           departure from any Commuhity port.
Whereas provision should be made for security to be              3. The invitation to tender provided for in para­
given for the purpose of guaranteeing that the obliga­          graph 1 is for supply of products delivered Ashdod,
tions arising by virtue of participation in the invita­          Valparaiso or Manila, that is at the moment when the'
tion to tender for supplies to the International                 goods are actually placed on the dock or in the lighter
Committee of the Red Cross will be fulfilled ;                   where applicable.
(') OJ No L 166, 25 . 6. 1976, p. 1 .                           (3) OJ No 106, 30. 10. 1962, p. 2553/62.
(2) OJ No L 281 , 1 . 11 . 1975, p. 89.                         (4) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- No L 193/ 14                       Official Journal of the European Communities                             17. 7 . 76
4.     The successful tenderer shall deliver the product                              Article 5
specified in paragraph 1 in new jute sacks, having a
net capacity of 50 kg.                                        1 . The successful tenderer shall give security of a
                                                             value of 10 units of account per metric ton ; the secu­
On the sacks shall be printed a Red Cross, 15 cm by          rity is intended to guarantee that the operations speci­
 1 5 cm as well as the following :                           fied in Article 1 are duly completed. The security
                                                             shall be forfeit if those operations are not carried out
'Milled rice / Gift of the European Economic Commu­
nity / Action of the International Committee of the          within the prescribed jfime limit, save as regards quan­
Red Cross / for free distribution .'                         tities not delivered owing to force majeure.
or
                                                             2. The security provided for in paragraph 1 may be
                                                             given in the form of a cash deposit or of a guarantee
'Arroz molido / Donacion de las Comunidades Euro­            issued by a credit institution conforming to the
peas / Acción del Comité Internacional de la Cruz            criteria laid down by the Member State.
Roja / por distribución gratuita.'
                                                                                      Article 6
                         Article 2
                                                              1 . The round grain milled rice referred to in Article
 1 . The decision on tenders received in response to          1 to be supplied to the International Committee of
the invitation provided for in Article 1 shall be taken      the Red Cross must meet the following requirements :
on 2 August 1976.                                            — moisture : 15% ,
                                                             — broken rice : 5 % maximum,
2. The closing date for the submission of tenders            —    chalky grains : 3 % maximum,
shall be 2 August 1976, at 12 noon .                         —    grain striated with red : 3 % maximum,
3.     The notice of invitation to tender shall be           —    spotted grains : 1 % maximum,
published in the Official Journal of the European            —    stained grains : 0-50 % maximum,
 Communities not less than six days before the closing       —    yellow grains : 0 050 % maximum,
date for the submission of tenders.                          —    amber grains : 01 25 % maximum .
                                                             Rice not meeting these requirements shall be refused.
                         Article 3
                                                             2. Tenders for supply to the International
 1 . The prices offered must be expressed in the             Committee of the Red Cross of the round grain
currency of the Member State in which the invitation         milled rice referred to in Article 1 must relate to a
to tender was issued .                                       product with the following characteristics :
2. For the purpose of rendering the tenders compar­          — moisture : 15% ,
able, the prices shall, where appropriate, be corrected      — broken rice : 5 % maximum,
by the accession compensatory amount applicable on           —    chalky grains : 3 % maximum,
the closing date for submission of tenders to exports        —    grains striated with red : 3 % maximum,
from the Member State mentioned in the tender.               —    spotted grains : 1 % maximum,
                                                             —    stained grains : 0-50 % maximum,
3.     The rates used for converting into units of           —    yellow grains : 0-050 % maximum,
account those offers made in national currencies shall       —    amber grains : 01 25 % 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
correspond to normal market prices and costs, the            State shall be responsible for the operations following
intervention agency may cancel the invitation to             tendering, including payment to the successful
tender.                                                      tenderer.
 ---pagebreak--- 17. 7. 76                         Official Journal of the European Communities                          No L 193/ 15
In such case, the intervention agency choosing the          (c) all possible contingencies which might occur
successful tenderer shall immediately inform the inter­          during transportation of the products.
vention agency of the Member State concerned and
shall supply it with all the information which it may        The intervention agency shall transmit the informa­
require.                                                     tion provided for to the Commission as soon as it is
Furthermore, the amount of the successful tender             received .
shall be paid after it has been converted using the
average of the spot rates referred to in the second          5. When the intervention agency responsible for
subparagraph of Article 3 (2) to the tenderer in the         the operations relating to tendering is not the interven­
currency of the Member State in which the operations         tion agency which appoints the successful tenderer, it
relating to the tendering are completed.                     shall send as soon as possible to the latter the informa­
4. The intervention agency shall ask that the                tion necessary for releasing the securjity.
tenderer specifies the following information :
(a) after each shipment, a statement giving details of
    the quantities loaded, the quality of the products                               Article 8
    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, 16 July 1976.
                                                                        For the Commission
                                                                          P.J. LARDINOIS
                                                                   Member of the Commission
 ---pagebreak--- No L 193/ 16                           Official Journal of the European Communities                                                   17. 7. 76
                    ANNEXE — ANHANG — ALLEGATO — BIJLAGE — BILAG — ANNEX
  Numéro du lot    Port de débarquement          Tonnage à mettre en caf     Période d'embarquement           Inscription sur les sacs
  N. della partita    Porto di sbarco        Tonnellaggio da consegnare cif      Periodo d'imbarco              Iscrizione sui sacchi
  Nr. des Loses      Bestimmungshafen         Nach cif zu bringende Menge      Verschiffungszeitraum        Aufschrift auf den Säcken
 Partiets nummer         Lossehavn                Mængde til levering cif       Indskibningsperiode             Påskrift pi sækkene
     No of lot       Port of unloading                 Tonnage cif                Loading period             Inscription on the sacks
 Nr. van de partij   Haven van lossing        Cif aan te leveren hoeveelheid     Periode van laden            Melding op de zakken
          1          Ashdod                                300                1 . — 15 . 9 . 1976    Milled Rice / Gift of the Euro­
                                                                                                     pean Economic Community /
                                                                                                     Action       of     the      International
                                                                                                     Committee of the Red Cross /
                                                                                                     For free distribution
          2          Valparaiso                            300                1 . — 15 . 9 . 1976    Arroz molido / Donación de las
                                                                                                     Comunidades Europeas / Acción
                                                                                                     del Comité Internacional de la
                                                                                                     Cruz Roja /            Por distribution
                                                                                                     gratuita
          3          Manila                                150                1 . — 15 . 9 . 1976    Milled rice / Gift of the European
                                                                                                     Economic Community / Action
                                                                                                     of the International Committee of
                                                                                                     the Red Cross / For free distribu­
                                                                                                     tion