31975R3110

No L 309/ 50 Official Journal of the European Communities 29 . 11 . 75

REGULATION ( EEC) No 3110 / 75 OF THE COMMISSION

of 28 November 1975

opening an invitation to tender for the mobilization of round grain milled rice as food aid for 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 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/ EECC ) 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 ( 2 ) ; 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 129 (4) on the value of the unit of account and the Whereas on 14 August 1975 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 500 lation (EEC) No 2543 /73 (5), and in particular Article metric tons of husked rice (in other words, 387-5 3 thereof ; metric tons of round grain milled rice) to the Cape Verde Islands under its 1974/75 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 2750 / 75 the goods may be purchased anywhere on the Community market ;

Whereas the proposed invitation to tender should be HAS ADOPTED THIS REGULATION : 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 ; 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 Cape Verde Islands, by way of Community action, of exchange rates applicable in the framework of the 387-5 metric tons of round grain milled rice. common agricultural policy since monetary compensa­ tory amounts do not apply in the rice sector ; whereas 2. The tendering procedure shall take place in Italy it is advisable to take account of the monetary situa­ in one lot. The product shall be mobilized on the tion as regards different offers ; Community market. The product shall be loaded for departure from any Community port. Whereas the award under the invitation to tender must be made to the tenderer offering the best terms ; 3 . The invitation to tender provided for in para­ graph 1 is for supply of products delivered cif, that is Whereas, should force majeure make it impossible to at the moment when the goods are actually removed complete the operation in question within the time from the ship's hold at the port of unloading. limits specified , it must be made clear who is to bear the liability for any resulting costs ; 4. The successful tenderer shall deliver the product Whereas provision should be made for security to be specified in paragraph 1 cif to the port of Porto given for the purpose of guaranteeing that the obliga­ Grande in new jute sacks of a net capacity of 50 kilo­

grammes . (') OJ No 174, 31 . 7 . 1967, p . 1 . (') OJ No L 72, 20 . 3 . 1975 , p . 18 . (4) OJ No 106, 30 . 10 . 1962, p . 2553/ 62. (3 ) OJ No L 281 , 1 . 11 . 1975, p . 89 . (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .

29 . 11 . 75 No L 309/ 51 Official Journal of the European Communities

Article6¶

'Arroz — Dom da Comunidade economica europeia 1 . The round grain milled rice referred to in Article as Ilhas de Capoverde — Distribuito gratuita.' 1 to be supplied to the Cape Verde Islands must meet the following requirements : Article 2 — moisture : 15% . 1 . The decision on tenders received in response to — broken rice : 5 % maximum ; the invitation provided for in Article 1 shall be taken — chalky grains : 3 % maximum ; on 15 December 1975 . — grains striated with red : 3 % maximum ; 2. The closing date for the submission of tenders — spotted grains : 1 % maximum ; shall be 15 December 1975 at 12 noon . — 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 Cape Verde Islands of the round grain milled rice referred to in Article 1 1 . The prices offered must be expressed in the must relate to a product with the following characteris­ currency of the Member State in which the invitation tics : to tender was issued . — moisture : 1 5 % ; 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 the closing date for submission of tenders to exports — grains striated with red : 3 % maximum ; from the Member State mentioned in the tender. — spotted grains : 1 % maximum ;

3 . The rates used for converting into units of — stained grains : 0-5 % maximum ;

account those offers made in national currencies shall — yellow grains : 0-050 % maximum ; be : — amber grains : 0-125 % maximum .

— the central rate in cases where the relevant currency is held at any given moment within a Article 7 band of 2-25 % , 1 . The Italian intervention agency shall be respon­ — in other cases, the average spot exchange rate sible for the operations relating to the invitation to during the period from Wednesday of one week to tender provided for by this Regulation . Tuesday of the following week and which immedi­ ately precedes the time limit for the submission of 2 . It shall forthwith communicate to the Commis­ offers . sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, Article 4 together with the name and business name of the successful tenderer. The contract shall be awarded to the tenderer offering the best terms . 3 . Where the customs export formalities for the mobilized product are completed in a Member State However, if the tenders submitted do not appear to other than that in which the invitation to tender is correspond to normal market prices and costs, the issued, the intervention agency of the latter Member intervention agency may cancel the invitation to tender. State shall be responsible for the operations following tendering, including payment to the successful tenderer . Article 5

1 . The successful tenderer shall give security of a In such case, the intervention agency choosing the value of 10 units of account per metric ton ; the secu­ successful tenderer shall immediately inform the inter­ rity is intended to guarantee that the operations speci­ vention agency of the Member State concerned and fied in Article 1 are duly completed. The security shall supply it with all the information which it may shall be forfeit if those operations are not carried out require . within the prescribed time limit, save as regards quan­ Furthermore, the amount of the successful tender tities not delivered owing to force majeure. shall be paid after it has been converted using the 2 . The security provided for in paragraph 1 may be average of the spot rates referred to in the second given in the form of a cash deposit or of a guarantee subparagraph of Article 3 (2) to the tenderer in the issued by a credit institution conforming to the currency of the Member State in which the operations criteria laid down by the Member State . relating to the tendering are completed .

No L 309/52 29 . 11 . 75 Official Journal of the European Communities

4. The intervention agency shall ask that the 5. When the intervention agency responsible for tenderer specifies the following information : the operations relating to tendering is not the interven­ tion agency which appoints the successful tenderer, it (a) after each shipment, a statement giving details of shall send as soon as possible to the latter the informa­ the quantities loaded, the quality of the products tion necessary for releasing the security. and their packaging ;

(b) the date of the departure of the ships ; the expected date of arrival of the products at their destination ; Article 8 (c) all possible contingencies which might occur during transportation of the products.

The intervention agency shall transmit the informa­ This Regulation shall enter into force on the day of its tion provided for to the Commission as soon as it is publication in the Official Journal of the European received . Communities.

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

Done at Brussels, 28 November 1975 .

For the Commission

P.J. LARDINOIS

Member of the Commission