31975R1722

5 . 7 . 75 No L 174/ 11 Official Journal of the European Communities

REGULATION ( EEC) No 1722/ 75 OF THE COMMISSION of 4 July 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 Having regard to the Treaty establishing the European tion to tender for supplies to the International 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 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 Whereas the Commission must be informed quickly tion ( EEC) No 66 8 /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 Community action, to grant the equivalent of common agricultural policy, as last amended by Regu­ 258 metric tons of husked rice (in other words, 200 lation (EEC) No 2543/73 (5), and in particular Article metric tons of round grain milled rice) to the Interna­ 3 thereof ; tional 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 Whereas pursuant to Article 3 (3) of Council Regula­ ment Committee for Cereals, 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 200 metric tons of round grain conditions is not guaranteed by the application of 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 one lot. 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 the dock or in the lighter where applicable . Whereas, should force majeure make it impossible to 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 to delivery of the goods, including unloading costs on the liability for any resulting costs ; reception of the goods. (') OJ No 174, 31 . 7. 1967, p. 1 . (2) OJ No L 72, 20 . 3 . 1975, p. 18 . (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 .

No L 174/ 12 Official Journal of the European Communities 5 . 7 . 75

Any possible demurrage costs or dispatch money at Article 5 the port of unloading shall be a charge on or for the benefit of the International Committee of the Red 1 . The successful tenderer shall give security of a value of 10 units of account per metric ton ; the secu­ Cross. The rates and detailed arrangements relating thereto laid down in the contract between the autho­ rity is intended to guarantee that the operations speci­ fied in Article 1 are duly completed. The security rized agent of the Community and the carrier must shall be forfeit if those operations are not carried out have been agreed upon in advance by the authorized within the prescribed time limit, save as regards quan­ agent and the receiving agent of the recipient country. tities not delivered owing to force majeure. 4. The successful tenderer shall deliver the product 2. The security provided for in paragraph 1 may be specified in paragraph 1 cif to the port of Suva in new given in the form of a cash deposit or of a guarantee jute sacks, having a net capacity of 50 kg. issued by a credit institution conforming to the The following shall be printed on the sacks : criteria laid down by the Member State . 'Milled rice — Gift of the European Economic Community — Free distribution .' Article 6

1 . The round grain milled rice referred to in Article Article 2 1 to be supplied to the International Committee of 1 . The decision on tenders received in response to the Red Cross must meet the following requirements : the invitation provided for in Article 1 shall be taken — moisture : 15% , on 21 July 1975 . — broken rice : 5 % maximum , — chalky grains : 3 % maximum, 2. The closing date for the submission of tenders — grains striated with red : 3 % maximum, shall be 21 July 1975 at 12 noon . — spotted grains : 1 % maximum, 3 . The notice of invitation to tender shall be — Stained grains : 0-50 % maximum, published in the Official Journal of the European — yellow grains : 0-050 % maximum, Communities not less than nine days before the — amber grains : 0-125 % maximum . closing date for the submission of tenders. Rice not meeting these requirements shall be refused. Article 3 2. Tenders for supply to the International Committee of the Red Cross of the round grain 1 . The prices offered must be expressed in the milled rice referred to in Article 1 must relate to a currency of the Member State in which the invitation product with the following characteristics : to tender was issued . — moisture : 15% , 2. For the purpbse of rendering the tenders compar­ — broken rice : 5 % maximum , able, the prices shall, where appropriate, be corrected — chalky grains : 3 % maximum, by the accession compensatory amount applicable on — grains striated with red : 3 % maximum, the closing date for submission of tenders to exports — spotted grains : 1 % maximum, from the Member State mentioned in the tender. — stained grains : 0-5 % maximum, — yellow grains : 0-050 % maximum, 3 . The rates used for converting into units of account those offers made in national currencies shall — amber grains : 0-125% maximum . be : Article 7 — the central rate in cases where the relevant currency is held at any given moment within a 1 . The Italian intervention agency shall be respon­ band of 2-25 % , sible for the operations relating to the invitation to — in other cases the average spot exchange rate tender provided for by this Regulation . during the period from Wednesday of one week to 2 . It shall forthwith communicate to the Commis­ Tuesday of the following week and which immedi­ ately precedes the time limit for the submission of sion the list of firms which have responded to the invi­ tenders . tation to tender, specifying the terms of each tender, together with the name and business narrie of the successful tenderer. Article 4 3 . Where the customs export formalities for the The contract shall be awarded to the tenderer offering the best terms . mobilized product are completed in a Member State other than that in which the invitation to tender is However, if the tenders submitted do not appear to issued, the intervention agency of the latter Member correspond to normal market prices and costs, the State shall be responsible for the operations following intervention agency may cancel the invitation to tendering, including payment to the successful tender . tenderer .

5 . 7 . 75 No L 174/ 13 Official Journal of the European Communities

In such case, the intervention agency choosing the (c) all possible contingencies which might occur successful tenderer shall imediately inform the inter­ during transportation of the products. vention agency of the Member State concerned and shall supply it with all the information which it may The intervention agency shall transmit the informa­ require. tion provided for to the Commission as soon as it is received . Furthermore, the amount of the successful tender shall be paid after it has been converted using the average of the spot rates referred to in the second 5. When the intervention agency responsible for subparagraph of Article 3 (2) to the tenderer in the the operations relating to tendering is not the1 interven­ currency of the Member State in which the operations tion agency which appoints the successful tenderer, it relating to the tendering are completed . shall send as soon as possible to the latter the informa­ tion necessary for releasing the security. 4. The intervention agency shall ask - that the tenderer specifies the following information : (a) after each shipment, a statement giving details of A rticle 8 the quantities loaded, the quality of the products and their packaging ; (b) the date of the departure of the ships ; the This Regulation shall enter into force on the day of its expected date of arrival of the products at their publication in the Official Journal of the European destination : Communities.

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

Done at Brussels, 4 July 1975 .

For the Commission

P.J. LARDINOIS Member of the Commission