CELEX: 31982R2741
Language: en
Date: 1982-10-13 00:00:00
Title: Commission Regulation (EEC) No 2741/82 of 13 October 1982 on the supply of fully milled long grain rice to Nepal as food aid under Regulation (EEC) No 3723/81

14 . 10 . 82                               Official Journal of the European Communities                           No L 290/25
                                    COMMISSION REGULATION (EEC) No 2741 /82
                                                         of 13 October 1982
               on the supply of fully milled long grain rice to Nepal as food aid under
                                                   Regulation (EEC) No 3723/81
THE COMMISSION OF THE EUROPEAN                                       tion (EEC) No 3323/81 (9) ; whereas it is necessary, for
COMMUNITIES,                                                         the purposes of the Community measure envisaged, to
                                                                     lay down special conditions for the submission of
Having regard to the Treaty establishing the European                tenders, the award of contracts and the payment, as
Economic Community,                                                  well as the characteristics of the products to be
Having regard to Council Regulation (EEC) No                         supplied and the supply conditions, which are set out
2727/75 of 29 October 1975 on the common organi­                     in the Annex to this Regulation ;
zation of the market in cereals ('), as last amended by              Whereas the measures provided for in this Regulation
Regulation (EEC) No 1451 /82 (2), and in particular                  are in accordance with the opinion of the Management
Article 28 thereof,                                                  Committee for Cereals,
Having regard to Council Regulation (EEC) No
1418 /76 of 21 June 1976 on the common organization
                                                                     HAS ADOPTED THIS REGULATION :
of the market in rice (3), as last amended by the Act of
Accession of Greece, and in particular Article 25
thereof,                                                                                      Article 1
Having regard to Council Regulation (EEC) No                         The intervention agency listed in the Annex hereto
2750/75 of 29 October 1975 fixing criteria for the                   shall be responsible for implementing the procedures
mobilization of cereals intended as food aid (4) ;                   for mobilizing and supplying the product indicated
                                                                     therein under the terms of this Regulation .
Having regard to Council Regulation (EEC) No 696/76
of 25 March 1976 derogating from Regulation (EEC)                    The general rules laid down in Regulation (EEC) No
No 2750/75 in respect of mobilization procedures for                  1974/80 shall apply without prejudice to the special
cereals to be supplied as food aid 0,                                provisions set out below.
Whereas Council Regulation (EEC) No 3723/81 (6)
                                                                                              Article 2
provided for exceptional food aid totalling 40 million
ECU to be granted to the least-developed countries ;                 The detailed rules laid down in the first subparagraph
whereas various sums have been allocated for the deli­
                                                                     of Article 4 (3) (e), Article 7 (3), Article 8, the second
very of cereals and rice to certain non-member coun­                 subparagraph of Article 15 (2) and Article 17 of Regu­
tries and beneficiary organizations ;
                                                                     lation (EEC) No 1974/80 shall not apply.
Whereas this amount should be increased by the costs
borne by the Guarantee Section of the European Agri­                                          Article 3
cultural Guidance and Guarantee Fund in accordance
with Council Regulation (EEC) No 268 1 /74 (7);                       1 . The procedure opened by this Regulation shall
                                                                      cover contracts for the supply of a maximum quantity
Whereas by reason of the urgency of this operation a                  of the product referred to in the Annex for the amount
procedure other than that of an invitation to tender                  in ECU set out therein .
should be implemented ;
                                                                      2. Under this procedure, tenders shall indicate the
Whereas it is necessary to provide for these measures                 quantity tendered for at the amount fixed. They shall
to be carried out in accordance with the rules laid                   be valid only if they relate to the whole of this
down in Commission Regulation (EEC) No 1974/80 of                     amount .
22 July 1980 laying down general rules for the imple­
mentation of certain food-aid operations involving                    3 . The intervention agency shall award the contract
cereal and rice products (8), as last amended by Regula­              to the tenderer offering the largest quantities.
                                                                      However, if in the light of the quantities offered for
(') OJ   No  L 281 , 1 . 31 . 1975, p . 1 .                           the amount fixed, the tenders received do not appear
(2) OJ   No  L 164, 14. 6 . 1982, p . 1 .
(3) OJ   No  L 166, 25 . 6 . 1976, p . 1 .                            to match the conditions normally practised on the
(4) OJ   No  L 281 , 8 . 11 . 1975, p . 89 .                          market, the intervention agency may decide not to
i5) OJ   No  L 83 , 23 . 3 . 1976, p . 8 .                            award the contract.
(6) OJ   No  L 373, 29 . 12. 1981 , p . 11
0   OJ   No  L 288, 25 . 10 . 1974, p . 1 .
(8  OJ   No  L 192, 26 . 7. 1980 , p . 11 .                           0 OJ No L 334, 21 . 11 . 1981 , p. 27.
 ---pagebreak--- No L 290 /26                        Official Journal of the European Communities                            14 . 10 . 82
                        Article 4                             supporting documents referred to in Article 16 (2) of
                                                              the abovementioned Regulation .
1 . The sum to be paid to the co-contractor shall be
                                                                                       Article 5
the amount referred to in Article 3 ( 1 ). It shall be paid
by the intervention agency in the Member State in             For the purposes of implementing the procedure
which the customs export formalities are completed            provided for in this Regulation on the one hand and
and in the currency of that Member State.                     payment on the other, the amount referred to in
                                                              Article 3 ( 1 ) shall be converted into the relevant
2. The amount referred to in paragraph 1 shall be             national currency using the last spot exchange rate
paid only on presentation of the original of the taking­      recorded immediately before the final date for the
over certificate or a certified true copy thereof and the     submission of tenders, as published in the 'C' series of
supporting documents referred to in Article 16 (2) of         the Official Journal of the European Communities.
Regulation (EEC) No 1974/ 80 .
                                                                                       Article 6
However, if the said taking-over certificate is not           This Regulation shall enter into force on the day
issued by the recipient, the intervention agency shall        following its publication in the Official Journal of the
make payments on the basis of the certificate and the          En ropea n Com m u n itits.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 13 October 1982.
                                                                        For the Commission
                                                                          Poul DALSAGER
                                                                    Member of the Commission
 ---pagebreak--- 14 . 10 . 82                           Official Journal of the European Communities                          No L 290/27
                                                            ANNEX
               1 . Programme : 1981 (Regulation (EEC) No 3723/81 )
               2. Recipient : Nepal
               3 . Place or country of destination : Nepal
               4. Product to be mobilized : fully milled long grain rice
               5. Amount : 190 000 ECU, increased by 210 ECU per tonne of product offered
               6 . Number of lots : one
               7. Intervention agency responsible for conducting the procedure :
                   Ente Nazionale Risi , Piazza Pio XI, 1 , Milano (telex 334 032)
               8 . Method of mobilizing the product : on the Community market
               9. Characteristics of the goods :
                   — rice of fair and sound merchantable quality, free from abnormal smell and pests
                   — moisture : 1 5 %
                   — broken rice : 5 % maximum
                   —   chalky grains : 5 % maximum
                   —   grains striated with red : 3 % maximum
                   —   spotted grains : 2-5 % maximum
                   —   stained grains : 1 -5 % maximum
                   —   yellow grains : 0-050 % maximum
                   —   amber grains : 0-20 % maximum
             10 . Packaging :
                   —   in bags (')
                   —   quality of the bags : new jute sacks, 600 g, lined with cotton sacks
                   —   net weight of the bags : 50 kg
                   —   marking of the bags in letters at least 5 cm high :
                       'RICE — GIFT OF THE EUROPEAN ECONOMIC COMMUNITY TO NEPAL'
             11 . Port of shipment : a Community port
             12 . Delivery stage : cif
             13 . Port of landing : Calcutta
             1 4. Procedure to be applied in order to determine supply costs : mutual agreement
             15 . Deadline for the conclusion of the contract : 12 noon on 15 October 1982
             16 . Shipment period : 25 October to 5 November 1982
             17 . Security : 12 ECU per tonne
             (') Since the goods may be rebagged, the co-contractor must provide 2 % of empty bags of the same
                  quality as those containing the goods, with the marking followed by a capital 'R'.