CELEX: 31978R0275
Language: en
Date: 1978-02-10 00:00:00
Title: Commission Regulation (EEC) No 275/78 of 10 February 1978 opening an invitation to tender for the mobilization of long grain milled rice as food aid for the Republic of Lebanon

No L 41 /8                           Official Journal of the European Communities                            11 . 2. 78
                                  COMMISSION REGULATION (EEC) No 275/78
                                                  of 10 February 1978
              opening an invitation to tender for the mobilization of long grain milled rice as
                                        food aid for the Republic of Lebanon
THE COMMISSION OF THE EUROPEAN                                  tions arising by virtue of participation in the invita­
COMMUNITIES,                                                    tion to tender 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 in ques­
                                                                tion ;
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 ('), 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 2 899           Regulation (EEC) No 2543/73 (5), and in particular
tonnes of husked rice (in other words, 2 000 tonnes of         Article 3 thereof ;
long grain milled rice) to the Republic of Lebanon
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 the proposed invitation to tender should be
                                                                HAS ADOPTED THIS REGULATION :
for supply of the products delivered in the ship's hold
at the port of unloading ;
Whereas in view of the different monetary circum­                                        Article 1
stances in the Member States, the observation of these
conditions is not guaranteed by the application of              1 . Tenders are hereby invited for the supply to the
exchange rates applicable in the framework of the               Republic of Lebanon, by way of Community food-aid
common agricultural policy since monetary compensa­             action, of 2 000 tonnes of long grain milled rice.
tory amounts do not apply in the rice sector ; whereas
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 one lot. The product shall be mobilized on the
Whereas the award under the invitation to tender                Community market. The products shall be loaded for
                                                                departure from any Community port.
must be made to the tenderer offering the best terms ;
Whereas, should force majeure make it impossible to             3 . The invitation to tender provided for in para­
complete the operation in question within the time             graph 1 is for supply of products delivered in the
limits specified, it must be made clear who is to bear          ship's hold at the port of unloading (Beirut).
the liability for any resulting costs ;
                                                               The recipient country shall bear all costs subsequent
Whereas provision should be made for security to be             to delivery of the goods, including unloading costs
given for the purpose of guaranteeing that the obliga­         (such as unstowing, hoisting and reception) and any
                                                                lighterage costs.
(>) OJ No L 166, 25. 6. 1976, p. 1 .
(2) OJ No L 136, 2. 6. 1977, p. 13 .                           (4) OJ No 106, 30 . 10 . 1962, p. 2553/62.
 3 OJ No L 281 , 1 . 11 . 1975, p. 89 .                        (5) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- 11 . 2. 78                           Official Journal of the European Communities                           No L 41 /9
4. The successful tenderer shall deliver the product            intended to guarantee that the operations specified in
specified in paragraph 1 in new jute sacks of a net             Article 1 are duly completed. The security shall be
capacity of 50 kilograms.                                       forfeit if those operations are not carried out within
                                                                the prescribed time limit, save as regards quantities
Minimum weight of the sacks shall be 600 grams. The             not delivered owing to force majeure.
following shall be printed on the sacks :
'Riz blanchi long / Don de la CEE au Liban / Distri­            2. The security provided for in paragraph 1 may be
bution gratuite'.                                               given in the form of a cash deposit or of a guarantee
                                                                issued by a credit institution conforming to the
To allow for the possibility of re-bagging, the                 criteria laid down by the Member State.
successful tenderer shall supply 2 % of new empty
sacks, of the same quality as those containing the                                        Article 6
goods but with the printing followed by a capital
letter 'R'.                                                     1 . The long grain milled rice referred to in Article
                                                                1 to be supplied to the Republic of Lebanon must
                          Article 2                             meet the following requirements :
                                                                — moisture : 1 5 % ;
 1 . The decision on tenders received in response to            — broken rice : 5 % maximum ;
the invitation provided for in Article 1 shall be taken         —    chalky grains : 5 % maximum ;
on 27 February 1978 .                                           —    grains striated with red : 3 % maximum ;
2.     The closing date for the submission of tenders           —    spotted grains : 1 -5 % maximum ;
shall be 27 February 1978 at 12 noon.                           —    stained grains : 1 % maximum ;
                                                                —    yellow grains : 0-050 % maximum ;
3.     The    notice   of invitation  to  tender shall   be
                                                                —    amber grains : 0-20 % maximum.
published in the Official Journal of the European
Communities, not less than nine days before the                 Rice not meeting these requirements shall be refused.
closing date for the submission of tenders.                     2. Tenders for supply to the Republic of Lebanon
                                                                of the long grain milled rice referred to in Article 1
                          Article 3
                                                                must relate to a product with the following characteris­
                                                                tics :
 1 . The prices offered must be expressed in the
currency of the Member State in which the invitation            — moisture : 1 5 % ;
to tender was issued.                                           — broken rice : 5 % maximum ;
2. For the purpose of rendering the tenders compar­             —    chalky grains : 5 % maximum ;
able, the prices shall, where appropriate, be corrected         —    grains striated with red : 3 % maximum ;
by the accession compensatory amount applicable on              —    spotted grains : 1 -5 % maximum ;
the closing date for submission of tenders to exports           —    stained grains : 1 % maximum ;
from the Member State mentioned in the tender.                  —    yellow grains : 0-050 % maximum ;
                                                                —    amber grains : 0-20 % maximum.
3.     The rates used for converting into units of
account those offers made in national currencies shall                                    Article 7
be :
                                                                 1 . The Italian intervention agency shall be respon­
— the      central   rate  in  cases where    the  relevant
                                                                sible for the operations relating to the invitation to
     currency is held at any given moment within a              tender provided for by this Regulation.
     band of 2-25 % ,
                                                                2.     It shall forthwith communicate to the Commis­
— in other cases, the average spot exchange rate
     during the period from Wednesday of one week to            sion the list of firms which have responded to the invi­
     Tuesday of the following week and which immedi­            tation to tender, specifying the terms of each tender
     ately precedes the time limit for the submission of        together with the name and business name of the
     tenders .                                                  successful tenderer.
                                                                3. Where the customs export formalities for the
                          Article 4                             mobilized product are completed in a Member State
                                                                other than that in which the invitation to tender is
The contract shall be awarded to the tenderer offering
the best terms.                                                 issued, the intervention agency of the latter Member
                                                                State shall be responsible for the operations following
However, if the tenders submitted do not appear to              tendering, including payment to the successful
reflect normal market prices and costs, the interven­           tenderer.
tion agency may cancel the invitation to tender.
                                                                In such case, the intervention agency choosing the
                          Article 5                             succcessful tenderer shall immediately inform the
                                                                intervention agency of the Member State concerned
 1 . The successful tenderer shall give security of a           and shall supply it with all the information which it
value of 10 units of account per tonne ; the security is        may require.
 ---pagebreak--- No L 41 / 10                     Official Journal of the European Communities                                11 . 2. 78
Furthermore, the amount of the successful tender             5. When the intervention agency responsible for
shall be paid after it has been converted using the          the operations relating to tendering is not the interven­
average of the spot rates referred to in the second          tion agency which appoints the successful tenderer, it
subparagraph of Article 3 (2) to the tenderer in the         shall send as soon as possible to the latter the informa­
currency of the Member State in which the operations         tion necessary for releasing the security.
relating to the tendering are completed.
4. The intervention agency shall ask that the                                        Article 8
tenderer specifies the following information :
                                                             As regards this tender the intervention agency is auth­
(a) after each shipment, a statement giving details of       orized to make an initial payment of 80 % of the
    the quantities loaded, the quality of the products
                                                             value of the quantity given in the bill of lading, on
    and their packaging ;
                                                             presentation of that document and subject to the
(b) the date of the departure of the ships ; the             taking of a security for an amount equal to the initial
    expected date of arrival of the products at their        payment.
    destination ;
(c) all possible contingencies which might occur
                                                                                     Article 9
    during transportation of the products.
The intervention agency shall transmit the informa­          This Regulation shall enter into force on the day of its
tion provided for to the Commission as soon as it is         publication in the Official Journal of the European
received .                                                   Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 10 February 1978 .
                                                                      For the Commission
                                                                       Finn GUNDELACH
                                                                          Vice-President