CELEX: 31978R0512
Language: en
Date: 1978-03-10 00:00:00
Title: Commission Regulation (EEC) No 512/78 of 10 March 1978 opening an invitation to tender for the mobilization of husked long grain rice as food aid for the United Nations High Commission for Refugees

11 . 3 . 78                          Official Journal of the European Communities                          No L 69 / 11
                                   COMMISSION REGULATION (EEC) No 512/78
                                                     of 10 March 1978
              opening an invitation to tender for the mobilization of husked long grain rice as
                       food aid for the United Nations High Commission for Refugees
THE COMMISSION OF THE EUROPEAN                                   Whereas provision should be made for security to be
COMMUNITIES,                                                     given to guarantee fulfilment of the obligations arising
                                                                 by virtue of participation in the invitation to tender ;
Having regard to the Treaty establishing the European
Economic Community,                                              Whereas the Italian intervention agency should be
                                                                 made responsible for the tendering procedure ;
Having regard to Council Regulation (EEC) No
1418/76 of 21 June 1976 on the common organiza­                  Whereas the Commission must be informed quickly
tion of the market in rice (!), as amended by Regula­            of the tenders submitted in response to the invitation
tion (EEC) No 1158/77 (2),                                       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                Whereas the Monetary Committee will be consulted ;
tions for the mobilization of cereals as food aid (3), and       whereas, in view of the urgency, the measures envis­
in particular Article 6 thereof,                                 aged should be adopted in accordance with the condi­
                                                                 tions laid down in Article 3 (2) of Council Regulation
                                                                 No 129 on the value of the unit of account and the
Whereas on 8 February 1977 the Council of the Euro­              exchange rates to be applied for the purposes of the
pean Communities declared that it proposed, by way               common agricultural policy (4), as last amended by
of Community action, to grant 1 250 tonnes of                    Regulation (EEC) No 2543/73 (5), and in particular
husked long grain rice to the United Nations High                Article 3 thereof ;
Commission for Refugees under its 1976/77 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 proposed invitation to tender should be
for supply of the products delivered Lobito, that is at          HAS ADOPTED THIS REGULATION :
the moment when the goods are actually placed on
the dock or in the lighter where applicable ;
Whereas in view of the different monetary circum­                                           Article 1
stances in the Member States, the observation of these
conditions is not guaranteed by the application of                1 . Tenders are hereby invited for the supply to the
exchange rates applicable in the framework of the                United Nations High Commission for Refugees, by
common agricultural policy since monetary compensa­              way of Community food-aid action, of 1 250 tonnes of
tory amounts do not apply in the rice sector ; whereas           husked long grain rice.
it is advisable to take account of the monetary situa­
tion as regards different offers ;
                                                                 2. The tendering procedure shall take place in Italy
Whereas the award under the invitation to tender                 in one lot. The product shall be mobilized on the
must be made to the tenderer offering the best terms ;           Community market. The product 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               3 . The invitation to tender provided for in para­
limits specified it must be made clear who is to bear            graph 1 is for supply of products delivered Lobito,
the liability for any resulting costs ;                          that is at the moment when the goods are actually
                                                                 placed on the dock or in the lighter where applicable.
(!) OJ No L 166, 25. 6. 1976, p. 1 .
(2) OJ No L 136, 2. 6. 1977, p. 13.                              (4) OJ No 106, 30. 10. 1962, p. 2553/62.
(3) OJ No L 281 , 1 . 11 . 1975, p. 89.                          (5) OJ No L 263 , 19 . 9 . 1973, p. 1 .
 ---pagebreak--- No L 69/ 12                        Official Journal of the European Communities                              11 . 3 . 78
4. The successful tenderer shall deliver the product          intervention agency may cancel the invitation to
specified in paragraph 1 in new jute sacks of a net           tender.
capacity of 50 kilograms.
Minimum weight of the sacks shall be 600 grams. The                                    Article 5
following shall be printed on the sacks :
                                                              1 . The successful tenderer shall give security of a
 Riz / Don de la CEE / Action UNHCR en Angola /              value of 10 units of account per tonne ; the security is
À distribuer gratuitement'.                                   intended to guarantee that the operations specified in
                                                             Article 1 are duly completed. The security shall be
To allow for the possibility of re-bagging, the               forfeit if those operations are not carried out within
successful tenderer shall supply 2 % of new empty             the prescribed time limit, save as regards quantities
sacks, of the same quality as those containing the            not delivered owing to force majeure.
goods but with the printing followed by a capital
letter 4R\                                                    2. The security provided for in paragraph 1 may be
                                                              given in the form of a cash deposit or of a guarantee
                         Article 2
                                                              issued by a credit institution conforming to the
                                                              criteria laid down by the Member State.
1 . The decision on tenders received in response to
the invitation provided for in Article 1 shall be taken                                Article 6
on 28 March 1978 .
                                                              1 . The husked long grain rice referred to in Article
2.     The closing date for the submission of tenders         1 to be supplied to the United Nations High Commis­
shall be 28 March 1978 at 12 noon .
                                                              sion for Refugees must meet the following require­
                                                              ments :
3.     The    notice of invitation to tender shall be
published in the Official Journal of the European             (a) rice, free of odour, of a sound and fair marketable
Communities, not less than nine days before the                    quality ;
closing date for the submission of tenders.
                                                              (b) moisture content : 1 5 % ;
                         Article 3                            (c) percentage of rice grains which are not of unim­
                                                                   paired quality :
1 . The prices offered must be expressed in the
currency of the Member State in which the invitation              — paddy grains : 1 % ,
to tender was issued.                                              — broken rice : 5 % ,
2. For the purpose of rendering the tenders compar­                — green grains or grains showing natural malfor­
                                                                       mation : 5 % (including up to 0-5 % of red
able, the prices shall, where appropriate, be corrected
                                                                       grains) ;
by the accession compensatory amount applicable on
the closing date for submission of tenders to exports         (d) tolerance of extraneous matter, consisting of :
from the Member States mentioned in the tender.
                                                                   — mineral or vegetable inedible substances
3.     The rates used for converting into units of                     provided that they are not toxic : 0-01 % ,
account those offers made in national currencies shall
                                                                   — extraneous grains or parts thereof, edible :
be :                                                                   0-10 % ;
— the      central  rate in  cases where    the  relevant
                                                              (e) when wholly milled, percentage of wholly milled
     currency is held at any given moment within a                 rice grains which are not of unimpaired quality :
     band of 2-25 % ,
— in other cases, the average spot exchange rate                   —   chalky grains : 5 % ,
     during the period from Wednesday of one week to               —   spotted grains : 1-5 % ,
     Tuesday of the following week and which immedi­               —   yellow grains : 0-05 % ,
     ately precedes the time limit for the submission of
     offers .                                                      —   amber grains : 0-20 % .
                                                              Rice not meeting these requirements shall be refused.
                         Article 4
The contract shall be awarded to the tenderer offering                                 Article 7
the best terms.
                                                               1 . The Italian intervention agency shall be respon­
However, if the tenders submitted do not appear to            sible for the operations relating to the invitation to
correspond to normal market prices and costs, the             tender provided for by this Regulation.
 ---pagebreak--- 11 . 3 . 78                        Official Journal of the European Communities                             No L 69 / 13
2.     It shall forthwith communicate to the Commis­           (b) the date of the departure of the ships ; the
sion the list of firms which have responded to the invi­           expected date of arrival of the products at their
tation to tender, specifying the terms of each tender,             destination ;
together with the name and business name of the                (c) all possible contingencies which might occur
successful tenderer.
                                                                   during transportation of the products .
3 . Where the customs export formalities for the
mobilized product are completed in a Member State              The intervention agency shall transmit the informa­
other than that in which the invitation to tender is           tion provided for to the Commission as soon as it is
                                                               received .
issued, the intervention agency of the latter Member
State shall be responsible for the operations following
tendering, including payment to the successful                 5.     When the intervention agency responsible for
tenderer.                                                      the operations relating to tendering is not the interven­
                                                               tion agency which appoints the successful tenderer, it
In such case, the intervention agency choosing the             shall send as soon as possible to the latter the informa­
successful tenderer shall immediately inform the inter­        tion necessary for releasing the security.
vention agency of the Member State concerned and
shall supply it with all the information which it may
require.                                                                                Article 8
Furthermore, the amount of the successful tender               As regard this tender, the intervention agency is autho­
shall be paid after it has been converted using the            rized to make an initial payment of 80 % of the value
average of the spot rates referred to in the second            of the quantity given in the bill of lading on presenta­
subparagraph of Article 3 (3) to the tenderer in the           tion of that document and subject to the taking of a
currency of the Member State in which the operations           security for an amount equal to the initial payment .
relating to the tendering are completed .
4. The intervention agency shall ask that the                                           Article 9
tenderer specifies the following information :
(a) after each shipment, a statement giving details of         This Regulation shall enter into force on the day of its
     the quantities loaded, the quality of the products        publication in the Official Journal of the European
     and their packaging ;                                      Com munities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 10 March 1978 .
                                                                          For the Commission
                                                                           Finn GUNDELACH
                                                                              Vice-President