CELEX: 31979R2710
Language: en
Date: 1979-11-30 00:00:00
Title: Commission Regulation (EEC) No 2710/79 of 30 November 1979 opening an invitation to tender for the mobilization of milled long-grain rice as food aid for the Democratic Republic of Madagascar

4. 12. 79                               Official Journal of the European Communities                          No L 308 / 5
                                   COMMISSION REGULATION (EEC) No 2710/79
                                                     of 30 November 1979
              opening an invitation to tender for the mobilization of milled long grain rice as
                                food aid for the Democratic Republic of Madagascar
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 1552/79(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 (3), 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 to 3 105 tonnes of milled
long grain rice to the Democratic Republic of                      HAS ADOPTED THIS REGULATION :
Madagascar under its 1978/79 food-aid 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 ;
                                                                   1 . Tenders are hereby invited for the supply to the
Whereas tenders should be invited for the supply of                Democratic Republic of Madagascar by way of
the product to the port of shipment in the vicinity of             Community food-aid action of 3 105 tonnes of milled
the vessel, the goods to be set down at the place nomi­            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
common agricultural policy since monetary compensa­                Madagascar.
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 188 , 26. 7. 1979, p. 11 .                            nated by the recipient country or its agent, the timing
(3) OJ No  L 281 , 1 . 11 . 1975, p. 89 .
(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 308 /6                          Official Journal of the European Communities                             4. 12. 79
Minimum weight of the sacks shall be 600 grams. The            tion, the resulting costs shall be borne by the interven­
following shall be printed on the sacks :                      tion agency.
 Riz blanchi / Don de la Communauté économique
européenne à Madagascar'.                                                               Article 6
To allow for the possibility of re-bagging, the                 1 . The successful tenderer shall give security of a
successful tenderer shall supply 2 % of new empty              value of 12 ECU per tonne ; the security is intended
sacks, of the same quality as those containing the             to guarantee that the operations specified in Article 1
goods but with the printing followed by a capital              are duly completed. The security shall be forfeit if
letter ' R'.
                                                               those operations are not carried out within the pres­
                                                               cribed time limit, save as regards quantities not deliv­
                          Article 2                            ered owing to force majeure.
1 . The decision on tenders received in response to            2. The security for in paragraph 1 may be in the
the invitation provided for in Article 1 shall be taken        form of a cash deposit or of a guarantee isued by a
on 17 December 1979 .                                          credit institution conforming to the criteria laid down
                                                               by the Member State .
2.    The closing date for the submission of tenders
shall be 17 December 1979 at 12 noon .
                                                                                        Article 7
3.    The     notice   of invitation to   tender shall   be
published in the Official Journal of the European               1 . The milled long grain rice referred to in Article
Communities not less than nine days before the                  1 to be supplied to the Democratic Republic of
closing date for the submission of tenders.                    Madagascar must meet the following requirements :
                                                               — moisture : 15 % ,
                          Article 3                            — broken rice : 5 % maximum,
                                                               —    chalky grains : 5 % maximum,
1 . The prices offered must be expressed in the                —    grains striated with red : 3 % maximum,
currency of the Member State in which the invitation           —    spotted grains : 1.5 % maximum ,
to tender was issued .                                         —    stained grains : 1 % maximum ,
                                                               —    yellow grains : 0.050 % maximum,
2.    The rates used for converting into ECU those             —    amber grains : 0.20 % maximum .
offers made in national currencies shall be :
                                                               Rice not meeting these requirements shall be refused .
— the      central   rate in   cases where    the  relevant
    currency is held at any given moment within a              2. Tenders for supply to the Democratic Republic
    band of 2-25 % ,                                           of Madagascar of the milled long grain rice referred to
— in other cases the average spot exchange rate                in Article 1 must relate to a product with the
    during the period from Wednesday of one week to            following characteristics :
    Tuesday of the following week and which immedi­            — moisture : 15 % ,
    ately precedes the time limit for the submission of        — broken rice : 5 % maximum ,
    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         —    yellow grains : 0.050 % maximum ,
the best terms .                                               —    amber grains : 0-20 % maximum .
However, if the tenders submitted do not appear to
                                                                                        Article 8
correspond to normal market prices and costs, the
intervention agency may cancel the invitation to
tender.                                                         1 . The Italian intervention agency shall be respon­
                                                               sible for the operations relating to the invitation to
                                                               tender provied for by this Regulation .
                          Article 5
                                                                2.    It shall forthwith communicate to the Commis­
If the tenderer is unable to deliver the goods in              sion the list of firms which have responded to the invi­
compliance with Article 1 (3) on the date given in the          tation to tender, specifying the terms of each tender,
notice of invitation to tender as a result of the late          together with the name and business name of the
availability of the vessels to be used for sea transporta      successful tenderer.
 ---pagebreak--- 4 . 12 . 79                        Official Journal of the European Communities                            No L 308 /7
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, 30 November 1979 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President