31975R1014

No L 98 / 14 19 . 4 . 75 Official Journal of the European Communities

REGULATION (EEC) No 1014/75 OF THE COMMISSION of 18 April 1975 opening an invitation to tender for the mobilization of round grain milled rice as food aid for the International Committee of the Red Cross

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 International Having regard to the Treaty establishing the European Committee of the Red Cross will be fulfilled ; Economic Community ;

Whereas the Italian intervention agency should be Having regard to Council Regulation No 359/ made resonsible 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 Whereas the Commission must be informed quickly tion (EEC) No 476/75 (2) ; 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 Whereas the Monetary Committee will be consulted ; tions for the mobilization of cereals as food aid , 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 Whereas on 16 April 1975 the Commission of the No 129 (4) on the value of the unit of account and the European Communities declared that it proposed, by exchange rates to be applied for the purposes of the way of Comunity action , to grant the equivalent of common agricultural policy, as last amended by Regu­ 1 290 metric tons of husked rice (in other words, lation (EEC) No 2543/73 (5), and in particular Article 1 000 metric tons of round grain milled rice) to the 3 thereof ; International Committee of the Red Cross under its 1973/74 food-aid programme ; Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ ment Committee for Cereals , Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 1693/72 the goods may be purchased anywhere on the Community market ;

HAS ADOPTED THIS REGULATION : Whereas the proposed invitation to tender should be for supply of the products delivered cif, that is at the moment when the goods are actually placed on the Article 1 dock or in the lighter where applicable ; 1 . Tenders are hereby invited for the supply to the Whereas in view of the different monetary circum­ International Committee of the Red Cross, by way of stances in the Member States, the observation of these Community action , of 1 000 metric tons of. round conditions is not guaranteed by the application of grain milled rice . exchange rates applicable in the framework of the common agricultural policy since monetary compensa­ 2. The tendering procedure shall take place in Italy tory amounts do not apply in the rice sector ; whereas in 2 lots. The product shall be mobilized on the it is advisable to take account of the monetary situa­ Community market. The product shall be loaded for tion as regards different offers ; departure from any Community port.

Whereas the award under the invitation to tender 3 . The invitation to tender provided for in para­ must be made to the tenderer offering the best terms ; graph 1 is for supply of products delivered cif, that is at the moment when the goods are actually placed on Whereas, should force majeure make it impossible to the dock or in the lighter where applicable . complete the operation in question within the time The recipient country shall bear all costs subsequent limits specified , it must be made clear who is to bear the liability for any resulting costs ; to delivery of the goods, including unloading costs reception of the goods . (') OJ No 174, 31 . 7 . 1967, p. 1 . (2 ) OJ No L 52, 28 . 2. 1975, p. 31 . (4) OJ No L 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 .

19 . 4 . 75 Official Journal of the European Communities No L 98 / 15

Any possible demurrage costs or dispatch money at rity is intended to guarantee that the operations speci­ the port of unloading shall be a charge on or for the fied in Article 1 are duly completed . The security benefit of the International Committee of the Red shall be forfeit if those operations are not carried out Cross. The rates and detailed arrangements relating within the prescribed time limit, save as regards quan­ thereto laid down in the contract between the autho­ tities not delivered owing to force majeure. rized agent of the Community and the carrier must 2. The security provided for in paragraph 1 may be have been agreed upon in advance by the authorized given in the form of a cash deposit or of a guarantee agent and the receiving agent of the recipient country. issued by a credit institution conforming to the 4. The successful tenderer shall deliver the product criteria laid down by the Member State . specified in paragraph 1 in new jute sacks of a net capacity of 50 kilogrammes. Article 6 The following shall be printed on the sacks : 1 . The round grain milled rice referred to in Article 'Riz — Don de la Communauté économique euro­ 1 to be supplied to the International Committee of péenne/Action du Comité international de la Croix­ the Red Cross must meet the following requirements : Rouge.' — moisture : 1 5 % Article 2 — broken rice : 5 % maximum , — chalky grains : 3 % 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 % maximum , on 29 April 1975 . — Stained grains : 0-50 % maximum, 2. The closing date for the submission of tenders — yellow grains : 0-050 % , shall be 29 April 1975 at 12 noon . — amber grains : 01 25 % 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 seven days before the 2. Tenders for supply to the International closing date for the submission of tenders . Committee of the Red Cross of the round grain milled rice referred to in Article 1 must relate to a Article 3 product with the following characteristics : 1 . The prices offered must be expressed in the — moisture : 15% , currency of the Member State in which the invitation — broken rice : 5 % maximum , to tender was issued . — chalky grains : 3 % maximum , 2. For the purpose of rendering the tenders compar­ — grains striated with red : 3 % maximum, able, the prices shall, where appropriate, be corrected — spotted grains : 1 % maximum , by the accession compensatory amount applicable on — stained grains : 0-5 % maximum , the closing date for submission of tenders to exports — yellow grains : 0-050 % maximum, from the Member State mentioned in the tender. — amber grains : 0-125 % maximum . 3 . The rates used for converting into units of Article 7 account those offers made in national currencies shall be : 1 . The Italian intervention agency shall be respon­ — the central rate in cases where the relevant sible for the operations relating to the invitation to currency is held at any given moment within a tender provided for by this Regulation . band of 2-25 % , 2 . It shall forthwith communicate to the Commis­ — in other cases the average spot exchange rate sion the list of firms which have responded to the invi­ during the period from Wednesday of one week to tation to tender, specifying the terms of each tender, Tuesday of the following week and which immedi­ together with the name and business name of the ately precedes the time limit for the submission of successful tenderer . offers . 3 . Where the customs export formalities for the Article 4 mobilized product are completed in a Member State other than that in which the invitation to tender is The contract shall be awarded to the tenderer offering the best terms . issued, the intervention agency of the latter Member State shall be responsible for the operations following However, if the tenders submitted do not appear to tendering, including payment to the successful correspond to normal market prices and costs, the tenderer. intervention agency may cancel the invitation to tender. In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ Article 5 vention agency of the Member State concerned and 1 . The successful tenderer shall give security of a shall supply it with all the information which it may value of 10 units of account per metric ton ; the secu­ require .

No L 98 / 16 19 . 4 . 75 Official Journal of the European Communities

Furthermore, the amount of the successful tender The intervention agency shall transmit the informa­ shall be paid after it has been converted using the tion provided for to the Commission as soon as it is average of the spot rates referred to in the second received . subparagraph of Article 3 (2) to the tenderer in the currency of the Member State in which the operations 5 . When the intervention agency responsible for relating to the tendering are completed . the operations relating to tendering is not the interven­ 4. The intervention agency shall ask that the tion agency which appoints the successful tenderer, it tenderer specifies the following information : shall send as soon as possible to the latter the informa­ tion necessary for releasing the security. (a) after each shipment, a statement giving details of the quantities loaded, the quality of the products and their packaging ; Article 8 (b) the date of the departure of the ships ; the 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 Communities. during transportation of the products.

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

Done at Brussels, 18 April 1975 .

For the Commission

P.J. LARDINOIS Member of the Commission

ANNEX

Number Metric Port of unloading Minimum rate of unloading of lot tonnage cif

1 500 Saigon 2 500 Ha'fphon/ Danang (optional) | Customs of the port