CELEX: 31979R0208
Language: en
Date: 1979-02-02 00:00:00
Title: Commission Regulation (EEC) No 208/79 of 2 February 1979 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the Republic of Guinea

3 . 2 . 79                              Official Journal of the European Communities                         No L 29/ 15
                                    COMMISSION REGULATION (EEC) No 208/79
                                                       of 2 February 1979
               opening an invitation to tender for the mobilization of milled long grain rice as
                                             food aid for the Republic of Guinea
 THE COMMISSION OF THE EUROPEAN                                    Whereas, should force majeure make it impossible to
 COMMUNITIES,                                                      complete the operation in question within the time
                                                                    limits specified, it must be made clear who is to bear
                                                                    the liability for any resulting costs ;
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                   Whereas provision should be made for security to be
                                                                   given for the purpose of guaranteeing that the obliga­
 Having regard to Council Regulation (EEC) No                      tions arising by virtue of participation in the invita­
 1418/76 of 21 June 1976 on the common organiza­                   tion to tender for supplies to the Republic of Guinea
tion of the market in rice (>), as amended by Regula­              will be fulfilled ;
 tion (EEC) No 1260/78 (2),
                                                                   Whereas the Italian intervention agency should be
 Having regard to Council Regulation (EEC) No                      made responsible for the tendering procedure in ques­
2750/75 of 29 October 1975 laying down the condi­                  tion ;
tions for the mobilization of cereals as food aid (3), and
 in particular Article 6 thereof,
                                                                   Whereas the Commission must be informed quickly
                                                                   of the tenders submitted in response to the invitation
Having regard to the opinion of the Monetary                       and of those accepted by the intervention agency ;
Committee ,
Whereas on 21 December 1978 the Council of the
                                                                   Whereas the measures provided for in this Regulation
                                                                   are in accordance with the opinion of the Manage­
European Communities declared that it proposed, by                 ment Committee for Cereals,
way of Community action , to grant the equivalent of
500 tonnes of husked rice (in other words, 345 tonnes
of milled long grain rice) to the Republic of Guinea
under its 1976/77 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
anywhere on the Community market ;
                                                                                           A rticle 1
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 ;                1 . Tenders are hereby invited for the supply to the
                                                                   Republic of Guinea by way of Community food-aid
                                                                   action, of 345 tonnes of milled long grain rice.
Whereas in view of the different monetary circum­
stances in the Member States, the observation of these
conditions is not guaranteed by the application of                 2. The tendering procedure shall take place in Italy
exchange rates applicable in the framework of the                  in one lot. The product shall be mobilized on the
common agricultural policy since monetary compensa­                Community market. The products shall be loaded for
tory amounts do not apply in the rice sector ; whereas             departure from any Community port.
it is advisable to take account of the monetary situa­
tion as regards different offers ;
                                                                   3 . The invitation to tender provided for in para­
                                                                   graph 1 is for supply of products to the dock, or in
Whereas the award under the invitation to tender                   the lighter where applicable, in the port of Conakry.
must be made to the tenderer offering the best terms ;
(') OJ No L 166, 25. 6 . 1976, p. 1 .
                                                                   4. The successful tenderer shall deliver the product
(2) OJ No L 156, 14. 6 . 1978 , p. 11 .                            specified in paragraph 1 in new jute sacks of a net
(3) OJ No L 281 , 1 . 11 . 1975, p . 89 .                          capacity of 50 kilograms.
 ---pagebreak--- No L 29 / 16                        Official Journal of the European Communities                               3 . 2. 79
Minimum weight of the sacks shall be 600 grams. The            2. The security provided for in paragraph 1 may be
following shall be printed on the sacks :                     given in the form of a cash deposit or of a guarantee
'Riz — Don de la Communauté économique euro­                   issued by a credit institution conforming to the
péenne à la République de Guinée / À distribuer gra­           criteria laid down by the Member State.
tuitement.'
                                                                                         Article 6
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty              1 . The milled long grain rice referred to in Article
sacks, of the same quality as those containing the             1 to be supplied to the Republic of Guinea must meet
goods but with the printing followed by a capital              the following requirements :
letter 'R'.
                                                               — moisture : 15 % ,
                         Article 2
                                                               — broken rice : 5 % maximum,
                                                               —    chalky grains : 5 % maximum,
 1 . The decision on tenders received in response to           —    grains striated with red : 3 % maximum,
the invitation provided for in Article 1 shall be taken
on 19 February 1979 .                                          —    spotted grains : 1 -5 % maximum,
                                                               —    stained grains : 1 % maximum,
2. The closing date for the submission of tenders              —    yellow grains : 0*050 % maximum,
shall be 19 February 1979 at 12 noon.
                                                               —    amber grains : 0-20 % maximum .
3.      The   notice of invitation   to tender shall be
 published in the Official Journal of the European             Rice not meeting these requirements shall be refused.
 Communities, not less than nine days before the
                                                               2. Tenders for supply to the Republic of Guinea of
closing date for the submission of tenders.
                                                               the milled long grain rice referred to in Article 1 must
                                                               relate to a product with the following characteristics :
                         Article 3
                                                               — moisture : 15% ,
 1 . The prices offered must be expressed in the               — broken rice : 5 % maximum,
 currency of the Member State in which the invitation          — chalky grains : 5 % maximum,
 to tender was issued.
                                                               — grains striated with red : 3 % maximum,
 2.     The rates used for converting into units of            — spotted grains : 1 -5 % maximum,
 account those offers made in national currencies shall
 be :                                                          — stained grains : 1 % maximum,
                                                               — yellow grains : 0*050 % maximum,
 — the      central rate  in  cases  where    the relevant
      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           1 . ' The Italian intervention agency shall be respon­
      ately precedes the time limit for the submission of       sible for the operations relating to the invitation to
      tenders .                                                 tender provided for by this Regulation.
                                                                2.    It shall forthwith communicate to the Commis­
                          Article 4                             sion the list of firms which have responded to the invi­
                                                                tation to tender, specifying the terms of each tender
 The contract shall be awarded to the tenderer offering         together with the name and business name of the
 the best terms.                                                successful tenderer.
 However, if the tenders submitted do not appear to             3 . Where the customs export formalities for the
 reflect normal market prices and costs, the interven­          mobilized product are completed in a Member State
 tion agency may cancel the invitation to tender.               other than that in which the invitation to tender is
                                                                issued, the intervention agency of the latter Member
                          Article 5                             State shall be responsible for the operations following
                                                                tendering, including payment to the successful
  1 . The successful tenderer shall give security of a          tenderer.
 value of 10 units of account per tonne ; the security is
 intended to guarantee that the operations specified in         In such case, the intervention agency choosing the
 Article 1 are duly completed. The security shall be            successful tenderer shall immediately inform the inter­
  forfeit if those operations are not carried out within        vention agency of the Member State concerned and
  the prescribed time limit, save as regards quantities         shall supply it with all the information which it may
  not delivered owing to force majeure.                         require.
 ---pagebreak--- 3 . 2. 79                         Official Journal of the European Communities                             No L 29/ 17
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 :
(a) after each shipment, a statement giving details of        As regards this tender the intervention agency is auth­
     the quantities loaded, the quality of the products       orized to make an initial payment of 80 % of the
     and their packaging ;                                    value of the quantity given in the bill of lading, on
                                                              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, 2 February 1979.
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President