31975R0946

12 . 4 . 75 Official Journal of the European Communities No L 91 /7

REGULATION ( EEC) No 946/75 OF THE COMMISSION of 11 April 1975 opening an invitation to tender for the mobilization of husked long grain rice as food aid for the Malagasy Republic

THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES, given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ tion to tender for supplies to the Malagasy Republic Having regard to the Treaty establishing the European will be fulfilled ; Economic Community ;

Whereas the Italian intervention agency should be Having regard to Council Regulation No 359/ made responsible for the tendering procedure ; 67/ EEC (') of 25 July 1967 on the common organiza­ tion of the market in rice, as last amended by Regula­ tion (EEC) No 476/75 (2) ; Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to Council Regulation (EEC) No 1 693/72 (3) of 3 August 1972 laying down the condi­ tions for the mobilization of cereals as food aid , . and Whereas the Mpnetary Committee will be consulted ; 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 Whereas on 4 March 1974 the Council of the Euro­ No 129 (4) on the value of the unit of account and the pean Communities declared that it proposed, by way exchange , rates to be applied for the purposes of the of Community action , to grant 6 000 metric tons of common agricultural policy, as last amended by Regu­ husked long grain rice to the Malagasy Republic lation (EEC) No 2543/73 (5), and in particular Article under its 1971 /72 food-aid programme ; 3 thereof ;

Whereas pursuant to Article 3 (3) of Council Regula­ Whereas the measures provided for in this Regulation tion (EEC) No 1693/72 the goods may be purchased are in accordance with the Opinion of the Manage­ anywhere on the Community market ; ment Committee for Cereals,

Whereas the proposed invitation to tender should relate to supply of the goods fob, i.e. up to the point at which they are placed in the hold of the ship at the HAS ADOPTED THIS REGULATION : port of shipment ;

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 exchange rates applicable in the framework of the 1 . Tenders are hereby invited for the supply to the common agricultural policy since monetary compensa­ Malagasy Republic, by way of Community action , of tory amounts do not apply in the rice sector ; whereas 6 000 metric tons of 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 in two lots . The product shall be mobilized on the Whereas the award under the invitation to tender Community market. The product shall be loaded for must be made to the tenderer offering the best terms ; departure from any Community port.

Whereas, should force majeure make it impossible to 3 . The goods referred to in paragraph 1 shall be complete the operation in question within the time supplied fob (that is to say the successful tenderer limits specified , it must be made clear who is to bear shall place them in the hold of the ship at the port of the liability for any resulting costs ; shipment) in jute sacks of a maximum net capacity of 50 kilogrammes . (') OJ No 174, 31 . 7 . 1967, p. 1 . (2) OJ No L 52, 28 . 2 . 1975, p. 31 . (4) OJ No 106, 30 . 10 . 1962, p . 2553/62. (3) OJ No L 178 , 5 . 8 . 1972, p. 3 . (5 ) OJ No L 263, 19 . 9 . 1973 , p. 1 .

No L 91 / 8 12 . 4 . 75 Official Journal of the European Communities

4. The successful tenderer shall deliver the product issued by a credit institution conforming to the specified in paragraph 1 in new jute sacks of a net criteria laid down by the Member State . capacjty of 50 kilogrammes. Article 6 The following shall be printed on the sacks : 1 . The husked long grain rice referred to in Article 'Riz — Don de la Communauté économique euro­ 1 to be supplied to the Malagasy Republic must meet péenne'. the following requirements : Article 2 — moisture content : T5 % maximum , — broken grains : 5 % maximum , 1 . The decision on tenders received in response to — green grains or grains having natural deformities : the invitation provided for in Article 1 shall be taken 3 % maximum . on 23 April 1975 . Rice not meeting these requirements shall be refused. 2. The closing date for the submission of tenders shall be 23 April 1975 at 12 noon . 2. Tenders for supply to the Malagasy Republic of the husked long grain rice referred to in Article 1 3 . The notice of invitation to tender shall be must relate to a product with the following characteris­ published in the Official Journal of the European tics : Communities not less than seven days before the — moisture content : 15% maximum , closing date for the submission of tenders . — broken grains : 5 % maximum , Article 3 — green grains or grains having natural deformities : 3 % maximum . 1 . The prices offered must be expressed in the currency of the Member State in which the invitation Article 7 to tender was issued . 1 . The Italian intervention agency shall be respon­ 2. The rates used for converting into units of sible for the operations relating to the invitation to account those offers made in national currencies shall be : tender provided for by this Regulation .

2 . It shall forthwith communicate to the Commis­ — the central rate in cases where the relevant sion the list of firms which have responded to the invi­ currency is held at any given moment within a band of 2-25 % , tation to tender, specifying the terms of each tender, together with the name and business name of the — in other cases the average spot exchange rate successful tenderer. during the period from Wednesday of one week to Tuesday of the following week and which immedi­ 3 . Where the customs export formalities for the ately precedes the time limit for the submission of mobilized product are completed in a Member State tenders . other than that in which the invitation to tender is issued, the intervention agency of the latter Member Article 4 State shall be responsible for the operations following tendering, including payment to ihe successful The contract shall be awarded to the tenderer offering tenderer . the best terms . In such case, the intervention agency choosing the However, if the tenders submitted do not appear to successful tenderer shall immediately inform the inter­ correspond to normal market prices and costs, the vention agency of the Member State concerned and intervention agency may cancel the invitation to shall supply it with all the information which it may tender. . require .

Furthermore, the amount of the successful tender Article 5 shall be paid after, it has been converted using the average of the spot rates referred to in the second 1 . The successful tenderer shall give security of a subparagraph of Article 3 (2) to the tenderer in the value of 10 units of account per metric ton ; the secu­ currency of the Member State in which the operations rity is intended to guarantee that the operations speci­ relating to the tendering are completed . fied in Article 1 are duly completed . The security shall be forfeit if those operations are not carried out 4. The intervention agency shall ask that the within the prescribed time limit, save as regards quan­ tenderer specifies the following information : tities not delivered owing to force majeure. (a) after cach shipment, a statement giving details of 2. The security provided for in paragraph 1 may be the quantities loaded , the quality of the products given in the form of a cash deposit or of a guarantee and their packaging ;

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(b) the date of the departure of the ships ; the tion agency which appoints the successful tenderer, it expected date of arrival of the products at their shall send as soon as possible to the latter the informa­ destination ; tion necessary for releasing the security. (c) all possible contingencies which might occur during transportation of the products.

The intervention agency shall transmit the informa­ Article 8 tion provided for to the Commission as soon as it is received . This Regulation shall enter into force on the day of its 5. When the intervention agency responsible for publication in the Official Journal of the European Communities. the operations relating to tendering is not the interven

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 11 April 1975.

For the Commission

P. J. LARDINOIS Member of the Commission