31975R2342

No L 241 / 30 13 . 9 . 75 Official Journal of the European Communities

REGULATION ( EEC) No 2342 /75 OF THE COMMISSION of 12 September 1975 opening an invitation to tender for the mobilization of round and long grain milled rice as food aid for the International Committee of the Red Cross

THE COMMISSION OF THE EUROPEAN tion to tender for supplies to the International COMMUNITIES , Committee of the Red Cross will be fulfilled ;

Having regard to the Treaty establishing the European Whereas the Italian intervention agency should be Economic Community ; made responsible for the tendering procedure ;

Having regard to Council Regulation No 359/ Whereas the Commission must be informed quickly 67/ EEC (') of 25 July 1967 on the common organiza­ of the tenders submitted in response to the invitation tion of the market in rice , as last amended by Regula­ and of those accepted by the intervention agency ; tion ( EEC) No 668 / 75 (2 ); Whereas the Monetary Committee will be consulted ; Having regard to Council Regulation (EEC) No whereas, in view of the urgency, the measures envis­ 1 693/72 (3 ) of 3 August 1972 laying down the condi­ aged should be adopted in accordance with the condi­ tions for the mobilization of cereals as food aid , and tions laid down in Article 3 (2) of Council Regulation No 129 (4) on the value of the unit of account and the in particular Article 6 thereof ; exchange rates to be applied for the purposes of the common agricultural policy, as last amended by Regu­ Whereas on 16 April 1975 the Commission of the lation ( EEC) No 2543/73 (5), and in particular Article European Communities declared that it proposed , by 3 thereof ; way of Community action, to grant the equivalent of 9 827 metric tons of husked rice ( in other words, 2 000 metric tons of round grain milled rice and Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ 5 000 metric tons of long grain milled rice) to the International Committee of the Red Cross under its ment Committee for Cereals , 1973 / 74 food-aid programme ; •*

Whereas pursuant to Article 3 (3) of Council Regula­ HAS ADOPTED THIS REGULATION : tion (EEC) No 1693/72 the goods may be purchased anywhere on the Community market ;

Article 1 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 1 . Tenders are hereby invited for supply to the dock or in the lighter where applicable ; International Committee of the Red Cross, by way of Community action , of 2 000 metric tons of round Whereas in view of the different monetary circum­ grain milled rice and 5 000 metric tons of long grain milled rice . 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 2. The tendering procedure shall take place in Italy common agricultural policy since monetary compensa­ in one lot. The product shall be mobilized on the tory amounts do not apply in the rice sector ; whereas Community market. The product shall be loaded for it is advisable to take account of the monetary situa­ departure from any Community port . tion as regards different offers ; 3 . The invitation to tender provided for in para­ Whereas the award under the invitation to tender graph 1 is for supply of products delivered cif, that is must be made to the tenderer offering the best terms ; at the moment when the goods are actually placed on the dock or in the lighter where applicable . Whereas provision should be made for security to be given for the purpose of guaranteeing that the obliga­ The recipient country shall bear all costs subsequent tions arising by virtue of participation in the invita to delivery of the goods, including unloading costs on reception of the goods . (') OJ No L 174, 31 . 7 . 1967, p. 1 . (-') OJ No L 72, 20 . 3 . 1975 , p . 18 . (4) OJ No L 106, 30 . 10 . 1962, p . 2553 / 62 . (J ) OJ No L 178 , 5 . 8 . 1972, p . 3 . (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .

13 . 9 . 75 No L 241 /31 Official Journal of the European Communities

Any possible demurrage costs or dispatch money at intervention agency may cancel the invitation to the port of unloading shall be a charge on or for the tender . benefit of the International Committee of the Red Cross. The rates and detailed arrangements relating Article 5 thereto laid down in the contract between the autho­ rized agent of the Community and the carrier must 1 . The successful tenderer shall give security of a have been agreed upon in advance by the authorized value of 10 units of account per metric ton ; the secu­ agent and the receiving agent of the recipient country. rity is intended to guarantee that the operations speci­ fied in Article 1 are duly completed. The security 4. The successful tenderer shall deliver the product shall be forfeit if those operations are not carried out specified in paragraph 1 cif to the port of Da-Nang in within the prescribed time limit, save as regards quan­ new jute sacks, having a net capacity of 50 kg. tities not delivered owing to force majeure. On the sacks shall be printed a Red Cross, 15 cm by 2. The security provided for in paragraph 1 may be 15 cm as well as the following : given in the form of a cash deposit or of a guarantee ' RIZ — DON DE LA COMMUNAUTÉ ÉCONO­ issued by a credit institution conforming to the MIQUE EUROPÉENNE/ACTION DU COMITÉ criteria laid down by the Member State . INTERNATIONAL DE LA CROIX-ROUGE .' Article 6 Article 2 1 . The round and long grain milled rice referred to 1 . The decision on tenders received in response to in Article 1 to be supplied to the International the invitation provided for in Article 1 shall be taken Committee of the Red Cross must meet the following on 22 September 1975 . requirements : 2 . The closing date for the submission of tenders — moisture : 15 % , shall be 22 September 1975 at 12 noon . — broken rice : 5 % maximum , 3 . The notice of invitation to tender shall be — chalky grains : 3 % maximum, published in the Official Journal of the European — grains striated with red : 3 % maximum , Communities not less than six days before the closing — spotted grains : 1 % maximum , date for the submission of tenders . — stained grains : 0-50 % maximum , — yellow grains : 0-050 % maximum , Article 3 — amber grains : 0-125 % maximum . 1 . The prices offered must be expressed in the currency of the Member State in which the invitation Rice not meeting these requirements shall be refused . to tender was issued . 2. Tenders for supply to the International 2. For the purpose of rendering the tenders compar­ Committee of the Red Cross of the round and long able, the prices shall , where appropriate, be corrected grain milled rice referred to in Article 1 must relate to by the accession compensatory amount applicable on a product with the following characteristics : the closing date for submission of tenders to exports — moisture : 1 5 % , from the Member State mentioned in the tender . — broken rice : 5 % maximum , 3 . The rates used for converting into units of — chalky grains : 3 % maximum , account those offers made in national currencies shall — grains striated with red : 3 % maximum , be : — spotted grains : 1 % maximum , — the central rate in cases where the relevant — stained grains : 0-50 % maximum , currency is held at any given moment within a band of 2-25 % , — yellow grains : 0-050 % maximum , — in other cases the average spot exchange rate — amber grains : 01 25 % maximum . during the period from Wednesday of one week to Tuesday of the following week and which immedi­ Article 7 ately precedes the time limit for the submission of tenders . 1 . The Italian intervention agency shall be respon­ sible for the operations relating to the invitation to Article 4 tender provided for by this Regulation .

2 . It shall forthwith communicate to the Commis­ The contract shall be awarded to the tenderer offering the best terms . sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, However, if the tenders submitted do not appear to together with the name and business name of the correspond to normal market prices and costs , the successful tenderer .

No L 241 / 32 13 . 9 . 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 (c) all possible contingencies which might occur State shall be responsible for the operations following during transportation of the products . tendering, including payment to the successful tenderer . The intervention agency shall transmit the informa­ In such case, the intervention agency choosing the tion provided for to the Commission as soon as it is successful tenderer shall immediately inform the inter­ 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 Com munities. and their packaging ;

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

Done at Brussels, 12 September 1975 .

For the Commission P.J. LARDINOIS Member of the Commission