31975R3043
22. 11 . 75 Official Journal of the European Communities No L 303/21
REGULATION (EEC) No 3043/75 OF THE COMMISSION
of 21 November 1975
opening an invitation to tender for the mobilization of round grain semi-milled rice as food aid for the International Committee of the Red Cross
THE COMMISSION OF THE EUROPEAN tions arising by virtue of participation in the invita COMMUNITIES, tion to tender for supplies to the International Committee of the Red Cross will be fulfilled ; Having regard to the Treaty establishing the European Economic Community ; Whereas the Italian intervention agency should be made resonsible for the tendering procedure ; Having regard to Council Regulation No 359/ 67/EEC (1) 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 ; 2750/75 (3) of 29 October 1975 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 1 29 (4) on the value of the unit of account and the Whereas on 21 March 1974, the Council of the Euro exchange rates to be applied for the purposes of the pean Communities declared that it proposed, by way common agricultural policy, as last amended by Regu of Community action, to grant the equivalent of 2 134. lation (EEC) No 2543/73 (5), and in particular Article metric tons of husked rice (in other words, 1 760 3 thereof ; metric tons of round grain semi-milled rice) to the International Committee of the Red Cross under its Whereas the measures provided for in this Regulation 1973/74 food-aid programme ; 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 2750/75 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 cif, that is to say, actually placed on the quay at the port of unloading ; Article 1 Whereas in view of the different monetary circum stances in the Member States, the observation of these 1 . Tenders are hereby invited for the supply to the conditions is not guaranteed by the application of International Committee of the Red Cross, by way of exchange rates applicable in the framework of the Community action, of 1 760 metric tons of round common agricultural policy since monetary compensa grain semi-milled rice. tory amounts do not apply in the rice sector ; whereas it is advisable to take account of the monetary situa 2. The tendering procedure shall take place in Italy tion as regards different offers ; in four lots. The product shall be mobilized on the Community market. The product shall be loaded for Whereas the award under the invitation to tender departure from any Community port. must be made to the tenderer offering the best terms ;
3 . The invitation to tender provided for in para Whereas, should force majeure make it impossible to graph 1 is for supply of products delivered cif, that is complete the operation in question within the time to say, actually placed on the quay in one of the ports limits specified, it must be made clear who is to bear of unloading listed in the Annex. the liability for any resulting costs ;
Whereas provision should be made for security to be The recipient country shall beai all costs subsequent to delivery of the goods, in including unloading costs given for the purpose of guaranteeing that the obliga reception of the goods.
0) 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. i (3) OJ No L 281 , 1 . 11 . 1975, p. 89. (») OJ No L 263, 19. 9. 1973, p. 1 .
No L 303/22 Official Journal of the European Communities 22. 11 . 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 in new jute sacks of a net given in the form of a cash deposit or of a guarantee capacity of 50 kilogrammes. issued by a credit institution conforming to the On the sacks shall be printed a Red Cross, 15 cm by criteria laid down by the Member State. 1 5 cm as well as the following :
'Rice — Gift of the European Economic Community/ Article 6 Action of the International Committee of the Red Cross for free distribution in India'. 1 . The round grain semi-milled rice referred to in Article 1 to be supplied to the International Article 2 Committee of the Red Cross must meet the following requirements : . 1 . The decision on tenders received in response to — moisture : 1 5 % the invitation provided for in Article 1 shall be taken — broken rice : 5 % maximum , on 9 December 1975 . — chalky grains : 3 % maximum, 2. The closing date for the submission of tenders — grains striated with red : 5 % maximum, shall be 9 December 1975, at 12 noon . — spotted grains : 1 % maximum, — stained grains : 0-50 % maximum, 3. The notice of invitation to tender shall be — yellow grains : 0 050 % maximum published in the Official Journal of the European — amber grains : 0*125 % maximum. Communities not less than nine days before the 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 semi 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 purpose 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 : 5 % 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 — amber grains : 01 25 % maximum. account those offers made in national currencies shall 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 sion the list of firms which have responded to the invi ately precedes the time limit for the submission of offers . tation to tender, specifying the terms of each tender, together with the name and business name of the successful tenderer. Article 4 3 . Where the customs export formalities for the The contract shall be awarded to the tenderer offering mobilized product are completed in a Member State the best terms . 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.
22. 11 . 75 No L 303/23 Official Journal of the European Communities
In such case, the intervention agency choosing the (c) all possible contingencies which might occur successful tenderer shall immediately 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 the 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 Article 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, 21 November 1975.
For the Commission
P.J. LARDINOIS
Member of the Commission
ANNEX
Number of lot Port of unloading Minimum rate of unloading Tonnage cif
1 Bombay , 440 metric tons 2 Calcutta 440 metric tons > Customs of the port 3 Bombay 440 metric tons 4 Calcutta 440 metric tons I