CELEX: 31978R2465
Language: en
Date: 1978-10-20 00:00:00
Title: Commission Regulation (EEC) No 2465/78 of 20 October 1978 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the League of Red Cross Societies

No L 296/40                          Official Journal of the European Communities                           21 . 10 . 78
                                   COMMISSION REGULATION (EEC) No 2465/78
                                                     of 20 October 1978
               opening an invitation to tender for the mobilization of milled long grain rice as
                                    food aid for the League of Red Cross Societies
 THE COMMISSION OF THE EUROPEAN                                   Whereas provision should be made for security to be
 COMMUNITIES,                                                     given for the purpose of guaranteeing that the obliga­
                                                                  tions arising by virtue of participation in the invita­
                                                                  tion to tender will be fulfilled ;
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                  Whereas the Italian intervention agency should be
 Having regard to Council Regulation (EEC) No                     made responsible for the tendering procedure in ques­
                                                                  tion ;
  1418/76 of 21 June 1976 on the common organiza­
 tion of the market in rice ('), as amended by Regula­
 tion (EEC) No 1 260/78 (2),                                      Whereas the Commission must be informed quickly
                                                                  of the tenders submitted in response to the invitation
                                                                  and of those accepted by the intervention agency ;
 Having regard to Council Regulation (EEC) No
 2750/75 of 29 October 1975 laying down the condi­
 tions for the mobilization of cereals as food aid (3), and       Whereas the Monetary Committee will be consulted ;
 in particular Article 6 thereof,                                 whereas, in view of the urgency, the measures envis­
                                                                  aged should be adopted in accordance with the condi­
 Whereas on 8 February 1977 the Council of the Euro­              tions laid down in Article 3 (2) of Council Regulation
                                                                  No 129 on the value of the unit of account and the
 pean Communities declared that it proposed, by way               exchange rates to be applied for the purposes of the
 of Community action, to grant the equivalent of 145
 tonnes of husked rice (in other words, 100 tonnes of             common agricultural policy (4), as last amended by
                                                                  Regulation (EEC) No 2543/73 (5), and in particular
 milled long grain rice) to the League of Red Cross               Article 3 thereof ;
 Societies under its 1976/77 food-aid programme ;
 Whereas pursuant to Article 3 (3) of Council Regula­            Whereas the measures provided for in this Regulation
 tion (EEC) No 2750/75 the goods may be purchased                 are in accordance with the opinion of the Manage­
                                                                  ment Committee for Cereals,
 anywhere on the Community market ;
Whereas the proposed invitation to tender should be
 for supply of the products to the dock or in the
 lighter where applicable at the port of unloading ;              HAS ADOPTED THIS REGULATION :
Whereas in view of the different monetary circum­
stances in the Member States, the observation of these                                   Article 1
conditions is not guaranteed by the application of
exchange rates applicable in the framework of the
 common agricultural policy since monetary compensa­              1 . Tenders are hereby invited for the supply to the
tory amounts do not apply in the rice sector ; whereas            League of Red Cross Societies, by way of Community
 it is advisable to take account of the monetary situa­          food-aid action, of 100 tonnes of milled long grain
                                                                 rice.
 tion as regards different offers ;
Whereas the award under the invitation to tender                 2. The tendering procedure shall take place in Italy
must be made to the tenderer offering the best terms ;           in one lot. The product shall be mobilized on the
                                                                 Community market. The products shall be loaded for
                                                                 departure from any Community port.
Whereas, should force majeure make it impossible to
complete the operation in question within the time
limits specified, it must be made clear who is to bear           3. The invitation to tender provided for in para­
the liability for any resulting costs ;                          graph 1 is for supply of products to the dock, or in
                                                                 the lighter where applicable, in the port of Suva.
(») OJ No L 166, 25. 6. 1976, p. 1 .
(2) OJ No L 156, 14. 6. 1978, p. 11 .                            (4) OJ No 106, 30. 10. 1962, p. 2553/62.
(») OJ No L 281 , 1 . 11 . 1975, p. 89.                          (») OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- 21 . 10 . 78                       Official Journal of the European Communities                        No L 296/41
4. The successful tenderer shall deliver the product         intended to guarantee that the operations specified in
specified in paragraph 1 in new jute sacks lined with        Article 1 are duly completed. The security shall be
cotton sacks of a net capacity of 50 kilograms.              forfeit if those operations are not carried out within
                                                             the prescribed time limit, save as regards quantities
The following shall be printed on the sacks :                not delivered owing to force majeure.
'Milled rice / Gift of the European Economic Commu­
nity to Fiji / For free distribution / Suva.'                2. The security provided for in paragraph 1 may be
                                                             given in the form of a cash deposit or of a guarantee
To allow for the possibility of re-bagging, the              issued by a credit institution conforming to the
successful tenderer shall supply 2 % of new empty            criteria laid down by the Member State.
sacks, of the same quality as those containing the
goods but with the printing followed by a capital
letter 'R\                                                                             Article 6
                         Article 2
                                                              1 . The milled long grain rice referred to in Article
                                                              1 must meet the following requirements :
1.     The decision on tenders received in response to       — moisture : 15% ,
the invitation provided for in Article 1 shall be taken      — broken rice : 5 % maximum,
on 6 November 1978 .
                                                    /
                                                             —    chalky grains : 5 % maximum,
                                                             —    grains striated with red : 3 % maximum,
2.     The closing date for the submission of tenders
shall be 6 November 1978 at 12 noon .                        —    spotted grains : 1 -5 % maximum,
                                                             —    stained grains : 1 % maximum,
3.     The notice of invitation to tender shall be           —    yellow grains : 0 050 % maximum,
published in the Official Journal of the European            —    amber grains : 0-20 % maximum.
Communities, not less than nine days before the
closing date for the submission of tenders.                  Rice not meeting these requirements shall be refused.
                                                             2. Tenders for supply of the milled long grain rice
                         Article 3
                                                             referred to in Article 1 must relate to a product with
                                                             the following characteristics :
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,
                                                             —    chalky grains : 5 % maximum,
2.     The rates used for converting into units of           —    grains striated with red : 3 % maximum,
account those offers made in national currencies shall
                                                             —    spotted grains : 1 -5 % maximum,
be :
                                                             —    stained grains : 1 % maximum,
— the      central rate  in  cases where    the  relevant    —    yellow grains : 0 050 % maximum,
     currency is held at any given moment within a           —    amber grains : 0-20 % maximum.
     band of 2-25 % ,
— in other cases, the average spot exchange rate                                       Article 7
     during the period from Wednesday of one week to
     Tuesday of the following week and which immedi­
     ately precedes the time limit for the submission of      1 . The Italian intervention agency shall be respon­
     tenders.                                                sible for the operations relating to the invitation to
                                                             tender provided for by this Regulation .
                         Article 4                           2.     It shall forthwith communicate to the Commis­
                                                             sion the list of firms which have responded to the invi­
The contract shall be awarded to the tenderer offering       tation to tender, specifying the terms of each tender
the best terms.
                                                             together with the name and business name of the
                                                             successful tenderer.
However, if the tenders submitted do not appear to
reflect normal market prices and costs, the interven­
tion agency may cancel the invitation to tender.             3. Where the customs export formalities for the
                                                             mobilized product are completed in a Member State
                                                             other than that in which the invitation to tender is
                         Article 5                           issued, the intervention agency of the latter Member
                                                             State shall be responsible for the operations following
1 . The successful tenderer shall give security of a         tendering, including payment to the successful
value of 1 0 units of account per tonne ; the security is    tenderer.
 ---pagebreak---  No L 296/42                      Official Journal of the European Communities                              21 . 10 . 78
 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
vention agency of the Member State concerned and             received.
shall supply it with all the information which it may
require.                                                     5. When the intervention agency responsible for
                                                             the operations relating to tendering is not the interven­
 Furthermore, the amount of the successful tender            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 (2) to the tenderer in the
currency of the Member State in which the operations                                 Article 8
relating to the tendering are completed.
                                                             As regards this tender the intervention agency is auth­
4. The " intervention agency shall ask that the              orized to make an initial payment of 80 % of the
tenderer specifies the following information :               value of the quantity given in the bill of lading, on
(a) after each shipment, a statement giving details of       presentation of that document and subject to the
    the quantities loaded, the quality of the products       taking of a security for an amount equal to the initial
    and their packaging ;                                    payment.
(b) the date of the departure of the ships ; the                                     Article 9
    expected date of arrival of the products at their
    destination ;                                            This Regulation shall enter into force on the day of its
(c) all possible contingencies which might occur             publication in the Official Journal of the European
    during transportation of the products.                   Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 20 October 1978 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President