31975R1167

No L 1 16 / 14 Official Journal of the European Communities 6 . 5 . 75

REGULATION ( EEC) No 1167 / 75 OF THE COMMISSION of 5 May 1975 opening an invitation to tender for the mobilization of round grain milled rice as food aid for Guinea Bissau and the Cape Verde Islands

THE COMMISSION OF THE EUROPEAN tions arising by virtue of participation in the invita­ COMMUNITIES , tion to tender for supplies to Guinea Bissau and the Cape Verde Islands will be fulfilled ; 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 No 359 / 67 / EEC (') of 25 July 1967 on the common organiza­ Whereas the Commission must be informed quickly tion of the market in rice , as last amended by Regula­ of the tenders submitted in response to the invitation tion ( EEC ) No 668 / 75 (-') ; and of those accepted by the intervention agency ;

Having regard to Council Regulation ( EEC) No Whereas the Monetary Committee will be consulted ; 1 693 / 72 (-') of 3 August 1972 laying down the condi­ whereas , in view of the urgency, the measures envis­ tions for the mobilization of cereals as food aid , and aged should be adopted in accordance with the condi­ in particular Article 6 thereof ; tions laid down in Article 3 (2) of Council ' Regulation No 129 (4 ) on the value of the unit of account and the Whereas on 26 March 1975 the Commission of the exchange rates to be applied for the purposes of the European Communities declared that it proposed , by common agricultural policy , as last amended by Regu­ way of Community action , to grant the equivalent of lation ( EEC ) No 2543 / 73 (3 ), and in particular Article 3 000 metric tons of husked rice ( in other words , 3 thereof ; 2 325 metric tons of round grain milled rice) to Guinea Bissau and the Cape Verde Islands under its Whereas the measures provided for in this Regulation 1974/ 75 tood-aid programme ; are in accordance with the Opinion of the Manage­ ment Committee for Cereals , Whereas pursuant ot 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 removed from the ship 's hold at the port of unloading ; Artic/c 1

Whereas in view of the different monetary circum­ I. Tenders are hereby invited for the supply to stances in the Member States , the observation of these Guinea Bissau and the Cape Verde Islands , by way of conditions is not guaranteed by the application of Community action , of 2 325 metric tons of round exchange rates applicable in the framework of the grain milled rice . common agricultural policy since monetary compensa­ tory amounts do not apply in the rice sector ; whereas This quantity shall be distributed as follows : it is advisable to take account of the monetary situa­ tion as regards different offers ; — Guinea Bissau : 1 937-5 metric tons ( lot No 1 ); — Cape Verde Island : 387-5 metric tons ( lot No 2 ). Whereas the award under the invitation to tender must be made to the tenderer offering the best terms ; 2 . The tendering procedure shall take place in Italy in two lots . The product shall be mobilized on the Whereas, should force nnijcurc make it impossible to Community market . The product shall be loaded for complete the operation in question within the time departure from any Community port . limits specified , it must be made clear who is to bear the liability for anv resulting costs ; 3 . The invitation to tender provided for in para­ Whereas provision should be made for security to be graph 1 is for supply of products deliverd cif, that is at given for the purpose of guaranteeing that the obliga­ the moment when the goods are actually removed from the ship's hold at the port of unloading. (') OJ No 174 , 31 . 7 . 1967 , p . I. (-') O'j No L. 72, 20 . 3 . 1975, p . IS . H OJ No I 106, 30 . 10 . 1962 , p . 2553 / 62 . ( ') O'l No I. 1 7<S , v S. 1972, p . 3 . H O) No I. 263, 19 . 9 . 1973 , p . I.

6 . 5 . 75 No L 116 / 15 Official Journal of the European Communities

The recipient country shall bear all costs subsequent However, if the tenders submitted do not appear to to delivery of the goods , including unloading costs correspond to normal market prices and costs , the (such as unstowing, hoisting and reception ) and any intervention agency may cancel the invitation to lighterage costs . tender. Any demurrage costs or dispatch money at the port of unloading shall be a charge on or for the benefit of Article 5 the recipient country . The rates and detailed arrange­ ments relating thereto laid down in the contract 1 . The successful tenderer shall give security of a between the authorized agent of the Community and value of 10 units of account per metric ton ; the secu­ the carrier must have been agreed upon in advance by rity is intended to guarantee that the operations speci­ the authorized agent and the receiving agent of the fied in Article 1 are duly completed . The security recipient country . shall be forfeit if those operations are not carried out within the prescribed tme limit, save as regards quanti­ 4 . The successful tenderer shall deliver the product ties not delivered owing to force majeure. specified in paragraph 1 in new jute sacks of a net capacity of 50 kg . 2 . The security provided for in paragraph 1 may be 'Arroz — Dom da Comunidade economica europeia a given in the form of a cash deposit or of a guarantee Guine-Bissau ' ; issued by a credit institution conforming to the criteria laid down by the Member State . 'Arroz — Dom da Comunidade economica europeia as II has de Capoverde — distribuicao gratuita '. Article 6 The following shall he printed on the sacks : Article 2 1 . The round grain milled rice referred to in Article 1 to be supplied to Guinea Bissau and the Cape Verde 1 . The decision on tenders received in response to Islands must meet the following requirements : the invitation provided for in Article 1 shall be taken on 1 9 May 1 975 . -— moisture : 1 5 % ; -— broken rice : 5 % maximum ; 2 . The closing date for the submission of tenders — chalky grains : 3 % maximum ; shall be 19 May 1975 at 12 noon . — grains striated with red : 3 % maximum ; 3 . The notice of invitation to tender shall be — spotted grains : 1 % maximum ; published in the Official Journal of the Iinropean — stained grains : 0-50 % maximum ; Communities not less than nine days before the — yellow grains 0-050 % maximum ; closing date for the submission of tenders . — amber grains : 0-125% maximum .

Article 3 Rice not meeting these requirements shall be refused .

1 . The prices offered must be expressed in the 2 . Tenders for supply to Guinea Bissau and the currency of the Member State in which the invitation Cape Verde Islands of the round grain milled rice to tender was issued . referred to in Article 1 must relate to a product with the following characteristics : 2 . For the purpose of rendering the tenders compar­ able , the prices shall , where appropriate, be corrected — moisture : 1 5 % ; by the accession compensatory amount applicable on — broken rice : 5 % maximum ; the closing date for submission of tenders to exports — chalky grains : 3 % maximum ; from the Member State mentioned in the tender . — grains striated with red : 3 % maximum ; — spotted grains : 1 % maximum ; 3 . The rates used for converting into units of account those offers made in national currencies shall — stained grains : 0-5 % maximum ; be : — yellow grains : 0-050 % maximum ; — amber grains : 0-125% maximum . — the central rate in cases where the relevant currency is held at any given moment within a band of 2-25 % , Article 7 — in other cases the average spot exchange rate 1 . The Italian intervention agency shall be respon­ during the period from Wednesday of one week to sible for the operations relating to the invitation to Tuesday of the following week and which immedi­ tender provided for by this Regulation . ately precedes the time limit for the submission of offers . 2 . It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ Article 4 tation to tender, specifying the terms of each tender, The contract shall be awarded to the tenderer offering together with the name and business name of the the best terms . successful tenderer .

No L 116 / 16 6 . 5 . 75 Official Journal of the European Communities

3 . Where the customs export formalities for the (b) the date of the departure of the ships ; the mobilized product are completed in a Member State expected date of arrival of the products at their other than that in which the invitation to tender is destination ; issued , the intervention agency of the latter Member State shall be responsible for the operations following (c) all possible contingencies which might, occur tendering, including payment to the successful during transportation of the products . tenderer . In such case, the intervention agency choosing the The intervention agency shall transmit the informa­ successful tenderer shall immediately inform the inter­ tion provided for to the Commission as soon as it is received . vention agency of the Member State concerned and 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 the second tion necessary for releasing the security . subparagraph of Article 3 (2) to the tenderer in the currency of the Member State in which the operations relating to the tendering are completed . Article 8 4. The intervention agency shall ask that the 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 Communities. and their packaging ;

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

Done at Brussels , 5 May 1 975 . 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 Bissau 1 937-.S 2 Porto Grande 387-5 | Customs of the port