CELEX: 31980R0373
Language: en
Date: 1980-02-15 00:00:00
Title: Commission Regulation (EEC) No 373/80 of 15 February 1980 opening a new invitation to tender for the mobilization of semi-milled long grain rice as food aid for the United Nations High Commissioner for Refugees

16. 2. 80                                Official Journal of the European Communities                          No L 40 /37
                                       COMMISSION REGULATION (EEC) No 373/80
                                                        of IS February 1980
               opening a new invitation to tender for the mobilization of semi-milled long
                 grain rice as food aid for the United Nations High Commissioner for Refugees
 THE COMMISSION OF THE EUROPEAN                                       whereas, in view of the different monetary circum­
 COMMUNITIES,                                                         stances in the Member States, the observation of these
                                                                      conditions is not guaranteed by the application of
 Having regard to the Treaty establishing the European                exchange rates applicable in the framework of the
 Economic Community,                                                  common agricultural policy since monetary compensa­
                                                                      tory amounts do not apply in the rice sector ; whereas
 Having regard to Council Regulation (EEC) No                         it is advisable to take account of the monetary situa­
 1418/76 of 21 June 1976 on the common organiza­                      tion as regards different offers ;
tion of the market in rice ('), as amended by Regula­
tion (EEC) No 1 1 3/80 (2),                                          Whereas the award under the invitation to tender
                                                                      must be made to the tenderer offering the best terms ;
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, should force majeure make it impossible to
in particular Article 6 thereof,                                     complete the operation in question within the time
                                                                     limits specified, it must be made clear who is to bear
Having regard to Council Regulation No 129 on the                    the liability for any resulting costs ;
value of the unit of account and the exchange rates to
be applied for the purposes of the common agricul­                   Whereas provision should be made for security to be
tural policy (4), as last amended by Regulation (EEC)                given to guarantee fulfilment of the obligations arising
No 2543/73 (5), and in particular Article 3 thereof,                 by virtue of participation in the invitation to tender ;
Having regard to the opinion of the Monetary
Committee,                                                           Whereas the Italian intervention agency should be
                                                                     made responsible for the tendering procedure ;
Whereas on 8 May 1979 the Council of the European
Communities declared that it proposed, by way of                     Whereas the Commission must be informed quickly
Community action, to grant the equivalent of 12 168                  of the tenders submitted in response to the invitation
tonnes of husked rice (in other words, 9 000 tonnes of               and of those accepted by the intervention agency ;
semi-milled long grain rice) to the United Nations
High Commissioner for Refugees under its 1978 /79
food-aid programme ;                                                 Whereas the measures provided for in this Regulation
                                                                     are in accordance with the opinion of the Manage­
Whereas pursuant to Article 3 (3) of Council Regula­                 ment Committee for Cereals,
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;
Whereas the invitation to tender opened in the
Community under Commission Regulation (EEC) No                       HAS ADOPTED THIS REGULATION :
169/80 of 25 January 1980 opening an invitation to
tender for the mobilization of semi-milled long grain
rice as food aid for the United Nations High Commis­
sioner for Refugees (6) was not allocated ; whereas a                                        Article 1
new invitation to tender should therefore be opened ;
                                                                     1 . Tenders are hereby invited for the supply to the
Whereas the proposed invitation to tender should be
                                                                     United Nations High Commissioner for Refugees, by
for supply of the products on the quay or in the                     way of Community action, of 9 000 tonnes of semi­
lighter where applicable at the port of unloading ;                  milled long grain rice.
 ') OJ  No  L 166, 25 . 6. 1976 , p. 1 .
 2) OJ  No  L 16, 22. 1 . 1980 , p . 1 .                             2. The tendering procedure shall take place in Italy
})  OJ  No  L 281 , 1 . 11 . 1975, p . 89.                           in six lots. The product shall be mobilized on the
«)  OJ  No  106, 30 . 10 . 1962, p . 2553/62.
s)  OJ  No  L 263, 19 . 9 . 1973 , p. 1 .                            Community market. The product shall be loaded for
4)  OJ  No  L 20, 26 . 1 . 1980 , p . 33 .                           departure from any Community port.
 ---pagebreak--- No L 40/38                         Official Journal of the European Communities                             16. 2. 80
3 . The invitation to tender provided for in para­           to guarantee that the operations specified in Article 1
graph 1 is for supply of products on the quay or in          are duly completed. The security shall be forfeit if
the lighter where applicable, in the ports of unloading      those operations are not carried out within the pres­
listed in the Annex .                                        cribed time limit, save as regards quantities not deliv­
                                                             ered owing to force majeure.
4. The successful tenderer shall deliver the product
specified in paragraph 1 in new jute sacks lined with        2. The security provided for in paragraph 1 may be
cotton sacks of a net capacity of 50 kilograms.              given in the form of a cash deposit or of a guarantee
The following shall be printed on the sacks :                issued by a credit institution conforming to the
                                                             criteria laid down by the Member State.
'Rice / Gift of the European Economic Community /
Action of United Nations High Commissioner for                                         Article 6
Refugees'.
                                                              1 . The semi-milled long grain rice referred to in
To allow for the possibility of re-bagging, the
successful tenderer shall supply 2 % of new empty
                                                             Article 1 to be supplied to the United Nations High
sacks, of the same quality as those containing the
                                                             Commissioner for Refugees must meet the following
                                                             requirements :
goods but with the printing followed by a capital
letter *R\                                                   — moisture : 15% ,
                                                             — broken rice : 5 % maximum,
                        Article 2                            —    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      —    spotted grains : 1 -5 % maximum,
on 3 March 1980 .
                                                             —    stained grains : 1 % maximum,
2.     The closing date for the submission of tenders        —    yellow grains : 0-050 % maximum,
shall be 3 March 1980 at 12 noon .                           —    amber grains : 0-20 % maximum.
3.     The notice of invitation     to tender shall be       Rice not meeting these requirements shall be refused.
published in the Official Journal of the European
Communities not less than nine days before the                2. Tenders for supply to the United Nations High
closing date for the submission of tenders.                  Commissioner for Refugees of the semi-milled long
                                                             grain rice referred to in Article 1 must relate to a
                        Article 3                             product with the following characteristics :
                                                             — moisture : 15% ,
 1 . The prices offered must be expressed in the
currency of the Member State in which the invitation         — broken rice : 5 % maximum,
to tender was issued .                                       —    chalky grains : 5 % maximum,
2.     The rates used for converting into ECU those          —    grains striated with red : 3 % maximum,
offers, made in national currencies shall be :               —    spotted grains : 1 -5 % maximum,
— the      central rate  in  cases  where   the  relevant    —    stained grains : 1 % maximum,
     currency is held at any given moment within a           —    yellow grains : 0-050 % maximum,
     band of 2-25 % ,                                        —    amber grains : 0-20 % maximum .
— in other cases, the average spot exchange rate
     during the period from Wednesday of one week to                                   Article 7
     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
     offers.                                                  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
The contract shall be awarded to the tenderer offering        sion the list of firms which have responded to the invi­
the best terms .                                              tation to tender, specifying the terms of each tender,
                                                              together with the name and business name of the
However, if the tenders submitted do not appear to            successful tenderer.
correspond to normal market prices and costs, the
intervention agency may cancel the invitation to              3. Where the customs export formalities for the
tender.                                                       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 2 ECU per tonne ; the security is intended         tenderer.
 ---pagebreak---   16. 2. 80                          Official Journal of the European Communities                                 No L 40/39
 In such case, the intervention agency choosing the              The intervention agency shall transmit the informa­
 successful tenderer shall immediately inform the inter­         tion provided 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 Article 3 (2) to       tion necessary for releasing the security.
 the tenderer in the currency of the Member State in
which the operations relating to the tendering are                                            Article 8
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, 15 February 1980.
                                                                           For the Commission
                                                                            Finn GUNDELACH
                                                                               Vice-President
                                                         /liViV£A
                 Number
                  of lot
                                       Port of unloading                Minimum rate of unloading     Tonnage cif
                    1      Manila                                 I                                       660
                                                                                                        1 320
                                                                   | Customsof the port
                    2
                    3
                         / Tanjung-Pinang­                                                              1 000
                         > Bintan (Riau Islands)
                    4                                                                                   1 000
                         S via Singapore
                    5                                                                                   1 000
                    6      Vientiane
                                                                  I                                     4 020