CELEX: 31979R2711
Language: en
Date: 1979-11-30 00:00:00
Title: Commission Regulation (EEC) No 2711/79 of 30 November 1979 opening an invitation to tender for the mobilization of milled long-grain rice as food aid for the Republic of Senegal

No L 308 /8                              Official Journal of the European Communities                             4 . 12 . 79
                                    COMMISSION REGULATION (EEC) No 2711 /79
                                                      of 30 November 1979
               opening an invitation to tender for the mobilization of milled long grain rice as
                                             food aid for the Republic of Senegal
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 ('), as last amended by Regu­           limits specified, it must be made clear who is to bear
lation (EEC) No 1 552/79 (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 2 175 tonnnes of milled
long grain rice to the Republic of Senegal 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 Senegal by way of Community food-aid
the vessel, the goods to be set down at the place nomi­            action of 2 175 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
(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--- 4 . 12. 79                          Official Journal of the European Communities                           No L 308 /9
Minimum weight of the sacks shall be 600 grams. The           availability of the vessels to be used for sea transporta­
following shall be printed n the sacks :                      tion, the resulting costs shall be borne by the interven­
                                                              tion agency.
 Riz / Don de la Communauté économique euro­
péenne à la république du Sénégal / À distribuer gratu­
itement'.                                                                               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 provided for in paragraph 1 may be
the invitation provided for in Article 1 shall be taken       in the form of a cash deposit or of a guarantee issued
on 17 December 1979 .                                         by a 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 Republic of Senegal must meet
closing date for the submission of tenders.                   the following requirements :
                                                              — moisture : 1 5 % ,
                         Article 3                            — broken rice : 40 % 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 Republic of Senegal of
    band of 2.25 % ,                                          the milled long grain rice referred to in Article 1 must
— in other cases the average spot exchange rate               relate to a product with the following characteristics :
    during the period from Wednesday of one week to           — moisture : 15 % ,
    Tuesday of the following week and which immedi­           — broken rice : 40 % maximum,
    ately precedes the time limit for the submission of       —    chalky grains : 5 % maximum,
    tenders .
                                                              —    grains striated with red : 3 % maximum ,
                                                              —    spotted grains : 1 .5 % maximum,
                         Article 4                            —    stained grains : 1 % maximum ,
                                                              —    yellow grains : 0.050 % maximum,
The contract shall be awarded to the tenderer offering        —    amber grains : 0.20 % maximum .
the best terms .
                                                                                        Article 8
However, if the tenders submitted do not appear to
correspond to normal market prices and costs, the
intervention agency may cancel the invitation to               1 . The Italian intervention agency shall be respon­
tender.                                                       sible for the operations relating to the invitation to
                                                              tender provided for by this Regulation .
                         Article 5                            2.     It shall forthwith communicate to the Commis­
                                                              sion the list of firms which have responded to the invi­
If the tenderer is unable to deliver the goods in             tation to tender, specifying the terms of each tender,
compliance with Article 1 (3) on the date given in the        together with the name and business name of the
notice of invitation to tender as a result of the late        successful tenderer.
 ---pagebreak--- No L 308/ 10                       Official Journal of the European Communities                             4. 12. 79
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 inter­
                                                             vention agency which appoints the successful
In such case, the intervention agency choosing the           tenderer, it shall send as soon as possible to the latter
successful tenderer shall immediately inform the inter­      the information 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          succesful tenderer acting as agent for the Community,
average of the spot rates referred to in Article 3 (2) to    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