CELEX: 31977R1246
Language: en
Date: 1977-06-10 00:00:00
Title: Commission Regulation (EEC) No 1246/77 of 10 June 1977 opening an invitation to tender for the mobilization of husked long grain rice as food aid for the Socialist Republic of Vietnam

No L 144/ 18                              Official Journal of the European Communities                             11 . 6 . 77
                                      COMMISSION REGULATION (EEC) No 1246/77
                                                           of 10 June 1977
               opening an invitation to tender for the mobilization of husked long grain rice as
                                        food aid for the Socialist Republic of Vietnam
 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 ('),                                     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 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 (3), as last amended by
                                                                      Regulation (EEC) No 2543/73 (4), and in particular
                                                                     Article 3 thereof ;
Whereas on 8 February 1977 the Council of the Euro­
 pean Communities declared that it proposed, by way
 of Community action , to grant 15 000 tonnes of                     Whereas the measures provided for in this Regulation
 husked long grain rice to the Socialist Republic of                 are in accordance with the opinion of the Manage­
                                                                      ment Committee for Cereals,
Vietnam under its 1976/77 food-aid programme ;
Whereas pursuant to Article 3 (3) of Council Regula­
 tion ( EEC) No 2750 /75 the goods may be purchased
                                                                      HAS ADOPTED THIS REGULATION :
 anywhere on the Community market ;
Whereas the proposed invitation to tender should be
for supply of the products delivered in the ship's hold                                          Article 1
at the port of unloading ;
                                                                      1 . Tenders are hereby invited for the supply to the
Whereas in view of the different monetary circum­                    Socialist Republic of Vietnam by way of Community
stances in the Member States , the observation of these              food-aid action, of 15 000 tonnes of husked long grain
conditions is not guaranteed by the application of                   rice .
exchange rates applicable in the framework of the
common agricultural policy since monetary compensa­                  2.      The tendering procedure shall take place in Italy
tory amounts do not apply in the rice sector ; whereas               in four lots of 3 750 tonnes each .
it is advisable to take account of the monetary situa­
tion as regards different offers ;                                   The products shall be mobilized on the Community
                                                                     market .
Whereas the award under the invitation to tender
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                  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 (Danang for Lots
the liability for any resulting costs ;                               1 and 3 ; Haiphong for Lots 2 and 4). The recipient
                                                                     country shall bear all costs subsequent to delivery of
Whereas provision should be made for security to be                  the goods, including unloading costs (such as
given to guarantee fulfilment of the obligations arising             unstowing, hoisting and reception) and any lighterage
by virtue of participation in the invitation to tender ;             costs .
(') OJ No L 166 , 25 . 6 . 1976 , p . 1 .                            (J ) OJ No 106, 30 . 10 . 1962, p . 2553 / 62.
(2 ) OJ No L 281 , 1 . 1 1 . 1975 , p . 89 .                         (4 ) OJ No L 263 , 19 . 9 . 1973 , p . 1 .
 ---pagebreak---  11 . 6 . 77                         Official Journal of the European Communities                        No L 144/ 19
4. The successful tenderer shall deliver the product                                    Article 5
specified in paragraph 1 in new jute sacks of a net
capacity of 50 kilograms.                                       1 . The successful tenderer shall give security of a
                                                               value of 10 units of account per tonne ; the security is
Minimum weight of the sacks shall be 600 grams. The            intended to guarantee that the operations specified in
following shall be printed on the sacks :                      Article 1 are duly completed. The security shall be
'Riz décortiqué / Don de la Communauté écono­                   forfeit if those operations are not carried out within
mique européenne au Viêt-nam / À distribuer gratuite­          the prescribed time limit, save as regards quantities
ment'.                                                          not delivered owing to force majeure.
To allow for the possibility of re-bagging, the                 2. The security provided for in paragraph 1 may be
successful tenderer shall supply 2 % of new empty              given in the form of a cash deposit or of a guarantee
sacks, of the same quality as those containing the              issued by a credit institution conforming to the
goods but with the printing followed by a capital              criteria laid down by the Member State .
letter 'R\
                                                                                        Article 6
                          Article 2
                                                                1 . The husked long grain rice referred to in Article
 1 . The decision on tenders received in response to            1 to be supplied to the Socialist Republic of Vietnam
the invitation provided for in Article 1 shall be taken         must meet the following requirements :
on 27 June 1977.
                                                               (a) rice, free of odour, of a sound and fair marketable
2. The closing date for the submission of tenders                   quality ;
shall be 27 June 1977 at 12 noon .
                                                               (b) moisture content : 15% ;
3.      The   notice   of invitation  to  tender shall   be
published in the Official Journal of the European              (c) percentage of rice grains which are not of unim­
Communities, not less than nine days before the                     paired quality :
closing date for the submission of tenders.                         — paddy grains : 1 % ,
                                                                    — broken rice : 5 % ,
                          Article 3
                                                                    — green grains or grains showing natural malfor­
 1 . The prices offered must be expressed in the                         mation 5 % (including up to 0-5 % of red
currency of the Member State in which the invitation                    grains) ;
to tender was issued .
                                                               (d) tolerance of extraneous matter, consisting of :
2.      For the purpose of rendering the tenders compar­            — mineral or vegetable inedible substances
able, the prices shall, where appropriate, be corrected                 provided that they are not toxic 0-01 % ,
by the accession compensatory amount applicable on
the closing date for submission of tenders to exports               — extraneous grains or parts thereof, edible
from the Member State mentioned in the tender.                          0-10 % ;
3.      The rates used for converting into units of            (e) when wholly milled, percentage of wholly milled
account those offers made in national currencies shall              rice grains which are not of unimpaired quality :
be :
                                                                    —   chalky grains : 5 % ,
— the       central  rate in   cases where    the  relevant         —   spotted grains : 1-5% ,
      currency is held at any given moment within a                 —   yellow grains : 0-05 % ,
      band of 2-25 % ,
                                                                    —   amber grains : 0-20 % .
— in other cases, the average spot exchange rate
      during the period from Wednesday of one week to          Rice not meeting these requirements shall be refused .
     Tuesday of the following week and which immedi­
      ately precedes the time limit for the submission of
     offers .                                                                           Article 7
                          Article 4                             1 . The Italian intervention agency shall be respon­
                                                               sible for the operations relating to the invitation to
The contract shall be awarded to the tenderer offering         tender provided for by this Regulation .
the best terms.
                                                               2.     It shall forthwith communicate to the Commis­
However, if the tenders submitted do not appear to             sion the list of firms which have responded to the invi­
correspond to normal market prices and costs, the              tation to tender, specifying the terms of each tender,
intervention agency may cancel the invitation to               together with the name and business name of the
tender.                                                        successful tenderer.
 ---pagebreak---  No L 144/20                      Official Journal of the European Communities                               11 . 6. 77
3.     where the customs export formalities for the          (b) the date of the departure of the ships ; the
mobilized product are completed in a Member State                expected date of arrival of the products at their
other than that in which the invitation to tender is             destination ;
issued, the intervention agency of the latter Member
State shall be responsible for the operations following      (c) all possible contingencies which might occur
tendering, including payment to the successful                   during transportation of the products.
tenderer.
In such case, the intervention agency choosing the           The intervention agency shall transmit the informa­
successful tenderer shall immediately inform the inter­      tion provided for to the Commission as soon as it is
                                                             received .
vention agency of the Member State concerned and
shall supply it with all the information which it may
require.                                                     5. When the intervention agency responsible for
Furthermore, the amount of the successful tender
                                                             the operations relating to tendering is not the interven­
                                                             tion agency which appoints the successful tenderer, it
shall be paid after it has been converted using the          shall send as soon as possible to the latter the informa­
average of the spot rates referred to in the second
                                                             tion necessary for releasing the security.
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations
relating to the tendering are completed.
4. The intervention agency shall ask that the                                        Article 8
tenderer specifies the following information :
(a) after each shipment, a statement giving details of       This Regulation shall enter into force on the day of its
    the quantities loaded, the quality of the products       publication in the Official Journal of the European
    and their packaging ;                                    Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 10 June 1977.
                                                                        For the Commission
                                                                         Guido BRUNNER
                                                                   Member of the Commission