CELEX: 31979R2616
Language: en
Date: 1979-11-27 00:00:00
Title: Commission Regulation (EEC) No 2616/79 of 27 November 1979 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the United Republic of Tanzania

28 . 11 . 79                         Official Journal of the European Communities                          No L 301 /7
                                   COMMISSION REGULATION (EEC) No 2616/79
                                                   of 27 November 1979
                opening an invitation to tender for the mobilization of milled long grain rice as
                                     food aid for the United Republic of Tanzania
  THE COMMISSION OF THE EUROPEAN                                  it is advisable to take account of the monetary situa­
  COMMUNITIES,                                                    tion as regards different offers ;
  Having regard to the Treaty establishing the European           Whereas the award under the invitation to tender
  Economic Community,                                             must be made to the tenderer offering the best terms ;
  Having regard to Council Regulation (EEC) No                    Whereas, should force majeure make it impossible to
  1418/76 of 21 June 1976 on the common organiza­                 complete the operation in question within the time
  tion of the market in rice (1), as last amended by Regu­        limits specified, it must be made clear who is to bear
 lation (EEC) No 1552/79 (2),                                     the liability for any resulting costs ;
  Having regard to Council Regulation (EEC) No                    Whereas provision should be made for security to be
 2750/75 of 29 October 1975 laying down the condi­                given to guarantee fulfilment of the obligations arising
 tions for the mobilization of cereals as food aid (3), and       by virtue of participation in the invitation to tender ;
 in particular Article 6 thereof,
                                                                  Whereas the Italian intervention agency should be
 Having regard to Council Regulation No 129 on the                made responsible for the tendering procedure ;
 value of the unit of account and the exchange rates to
 be applied for the purposes of the common agricul­
 tural policy (4), as last amended by Regulation (EEC)            Whereas the Commission must be informed quickly
 No 2543/73 (5), and in particular Article 3 thereof,             of the tenders submitted in response to the invitation
                                                                  and of those accepted by the intervention agency ;
 Having regard to the opinion of the Monetary
 Committee,                                                      Whereas the measures provided for in this Regulation
                                                                  are in accordance with the opinion of the Manage­
                                                                  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 1 380 tonnes of milled
 long grain rice to Tanzania under its 1978/79 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
                                                                                         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
 the product to the port of shipment in the vicinity of          Republic of Tanzania by way of Community food-aid
 the vessel, the goods to be set down at the place nomi­         action of 1 380 tonnes of milled long grain rice.
 nated by the recipient or its agent ;
                                                                 2.     The tendering procedure shall take place in Italy
Whereas in view of the different monetary circum­                in one lot. The product shall be mobilized on the
stances in the Member States the observation of these            Community market. Loading shall be carried out in a
conditions is not guaranteed by the application of               Community port.
exchange rates applicable in the framework of the
common agricultural policy since monetary compensa­              3. The product referred to in paragraph 1 is to be
tory amounts do not apply in the rice sector ; whereas           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
(4 OJ No L 188, 26. 7. 1979, p. 11 .
MOJ No L 281 , 1 . 11 . 1975, p. 89.                             nated by the recipient country or its agent, the timing
(?) 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 301 /8                         Official Journal of the European Communities                            28 . 11 . 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 1 2 ECU per tonne ; the security is intended
 nity to Tanzania.'                                             to guarantee that the operations specified in Article 1
To allow for the possibility of re-bagging, the                are duly completed. The security shall be forfeit if
 successful tenderer shall supply 2 % of new empty              those operations are not carried out within the pres­
 sacks, of the same quality as those containing the             cribed time limit, save as regards quantities not deliv­
 goods but with the printing followed by a capital             ered owing to force majeure.
 letter ' R \
                                                                2. The security provided for in paragraph 1 may be
                                                                in the form of a cash deposit or of a guarantee issued
                          Article 2                            by a credit institution conforming to the criteria laid
                                                               down by the Member State.
 1 . The decision on tenders received in response to
 the invitation provided for in Article 1 shall be taken
 on 10 December 1979 .                                                                   Article 7
 2.    The closing date for the submission of tenders           1 . The milled long grain rice referred to in Article
 shall be 10 December 1979 at 12 noon .
                                                                1 to be supplied to Tanzania must meet the following
 3.    The    notice   of invitation to   tender shall   be
                                                                requirements :
 published in the Official Journal of the European             — moisture : 15% ,
 Communities not less than nine days before the                — broken rice : 5 % maximum,
 closing date for the submission of tenders.
                                                               —    chalky grains : 5 % maximum,
                          Article 3                            —    grains striated with red : 3 % maximum,
                                                               —    spotted grains : 1 -5 % maximum,
 1 . The prices offered must be expressed in the
currency of the Member State in which the invitation           —    stained grains : 1 % maximum,
to tender was issued .                                         —    yellow grains : 0.050 % maximum,
                                                               —    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
     currency is held at any given moment within a             2. Tenders for supply to Tanzania of the milled
     band of 2.25 % ,                                          long grain rice referred to in Article 1 must relate to a
— in other cases the average spot exchange rate                product with the following characteristics :
     during the period from Wednesday of one week to           — moisture : 15% ,
     Tuesday of the following week and which immedi­
     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,
The contract shall be awarded to the tenderer offering         —    stained grains : 1 % maximum ,
the best terms .                                               —    yellow grains : 0.050 % maximum,
However, if the tenders submitted do not appear to             —    amber grains : 0.20 % maximum .
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---  28 . 11 . 79                      Official Journal of the European Communities                            No L 301 /9
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
                                                              by the intervention agency to the Commission imme­
issued, the intervention agency of the latter Member
                                                              diately upon receipt.
State shall be responsible for the operations following
tendering, including payment to the successful ten­           5. When the intervention agency responsible for
derer.                                                        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, 27 November 1979 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President