31976R0453

No L 53/74 Official Journal of the European Communities 28 . 2. 76

COMMISSION REGULATION (EEC) No 453/76 of 27 February 1976 opening an invitation to tender for the mobilization of round grain milled rice as food aid for Guinea Bissau

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 tion to tender for supplies to Guinea 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 organization of the Whereas the Commission must be informed quickly market in rice (!), as last amended by Regulation of the tenders submitted in response to the invitation (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 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 (3), 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 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 (4), as last amended by of Community action, to grant the equivalent of 2 500 Regulation (EEC) No 2543/73 (5), and in particular metric tons of husked rice (in other words, 1 938 Article 3 thereof ; metric tons of round grain milled rice) to Guinea Bissau under its 1974/75 food-aid programme ; Whereas the measures provided for in this Regulation 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 delivered cif, that is at the moment, when the goods are actually removed from Article 1 the ship's hold at the port of unloading ; 1 . Tenders are hereby invited for the supply to Whereas in view of the different monetary circum­ Guinea Bissau, by way of Community action, of 1 938 stances in the Member States, the observation of these metric tons of round grain milled rice. 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 removed from the ship's hold at the port of unloading. 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 the liability for any resulting costs ; (such as unstowing, hoisting and reception) and any lighterage costs. (>) OJ No 174, 31 . 7. 1967, p. 1 . (2) OJ No L 72, 20 . 3 . 1975, p. 18 . («) 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 .

28 . 2. 76 . Official Journal of the European Communities No L 53/75

Any demurrage costs or dispatch money at the port of intervention agency may cancel the invitation to unloading shall be a charge on or for the benefit of tender. the recipient country. The rates and detailed arrange­ ments relating thereto laid down in the contract Article 5 between the authorized agent of the Community and the carrier must have been agreed upon in advance by 1 . The successful tenderer shall give security of a the authorized agent and the receiving agent of the value of 10 units of account per metric ton ; the secu­ 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 in new jute sacks of a net within the prescribed time limit, save as regards quan­ capacity of 50 kg. tities not delivered owing to force majeure. The following shall be printed on the sacks : 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. Article 2 Article 6 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken 1 . The round grain milled rice referred to in Article on 15 March 1976 . 1 to be supplied to Guinea Bissau must meet the following requirements : 2. The closing date for the submission of tenders shall be on 15 March 1976 at 12 noon . — moisture : 1 5 % ; — 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 Communities not less than nine days before the — grains striated with red : 3 % maximum ; closing date for the submission of tenders. — spotted grains : 1 % maximum ; — stained grains : 0-50 % maximum ; Article 3 — yellow grains : 0-050 % maximum ; 1 . The prices offered must be expressed in the — amber grains : 0-125 % maximum. currency of the Member State in which the invitation to tender was issued . Rice not meeting these requirements shall be refused.

2. For the purpose of rendering the tenders compar­ 2. Tenders for supply to Guinea Bissau of the able, the prices shall, where appropriate, be corrected round grain milled rice referred to in Article 1 must by the accession compensatory amount applicable on relate to 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 offers . 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 53 /76 Official Journal of the European Communities 28 . 2. 76

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 and their packaging ; Communities.

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

Done at Brussels, 27 February 1976. For the Commission

P.J. LARDINOIS Member of the Commission

ANNEX

Number Metric of lot Port of unloading Minimum rate of unloading tonnage cif

1 Bissau Customs of the port 1 938