31976R0842

No L 96 14 Official Journal of the European Communities 10 . 4. 76

COMMISSION REGULATION (EEC) No 842/76 of 9 April 1976 opening an invitation to tender for the mobilization of husked long grain rice as food aid for the Republic of Burundi

THE COMMISSION OF THE EUROPEAN Whereas the Italian intervention agency should be COMMUNITIES, made responsible for the tendering procedure ;

Having regard to the Treaty establishing the European Whereas the Commission must be informed quickly Economic Community, of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to Council Regulation No 359/67/EEC of 25 July 1967 on the common organization of the Whereas the Monetary Committee will be consulted ; market in rice ( J), as last amended by Regulation whereas, in view of the urgency, the measures envis­ (EEC) No 668/75 (2), aged should be adopted in accordance with the condi­ tions laid down in Article 3 (2) of Council Regulation Having regard to Council Regulation (EEC) No No 129 on the value of the unit of account and the 2750/75 of 29 October 1975 laying down the condi­ exchange rates to be applied for the purposes of the tions for the mobilization of cereals as food aid (3), and common agricultural policy (4), as last amended by in particular Article 6 thereof, Regulation (EEC) No 2543/73 (5), and in particular Article 3 thereof ; Whereas on 3 March 1975 the Council of the Euro­ pean Communities declared that it proposed, by way of Community action, to grant 250 metric tons of Whereas the measures provided for in this Regulation husked long grain rice to the Republic of Burundi are in accordance with the opinion of the Manage­ under its 1974/75 food-aid programme ; 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 to Bujumbura ; 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 Republic of Burundi by way of Community food-aid exchange rates applicable in the framework of the action, of 250 metric tons of husked long grain 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 a 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 to Bujum­ Whereas, should force majeure make it impossible to bura . complete the operation in question within the time 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 specified in paragraph 1 in new jute sacks of a net Whereas provision should be made for security to be capacity of 50 kilogrammes. The following shall be given for the purpose of guaranteeing that the obliga­ printed on the sacks : tions arising by virtue of participation in the invita­ tion to tender for supplies to the Republic of Burundi 'Riz — Don de la Communauté économique euro­ will be fulfilled ; péenne, à la République du Burundi — À distribuer gratuitement.' (») OJ No 174, 31 . 7. 1967, p. 1 . (2) 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 .

10 . 4. 76 Official Journal of the European Communities No L 96/ 25

Article 2 Rice not meeting these requirements shall be refused.

1 . The decision on tenders received in response to 2. Tenders for supply to the Republic of Burundi the invitation provided for in Article 1 shall be taken of the husked long grain- milled rice referred to in on 26 April 1976. Article 1 must relate to a product with the following 2. The closing date for the receipt of tenders shall characteristics : be 26 April 1976 at 12 noon. — moisture content : maximum 15% , 3 . The notice of invitation to tender shall be — broken grains : 5 % maximum , published in the Official Journal of the European — green grains or grains having natural detormities : Communities not less than nine days before the 3 % maximum . closing date for submission of tenders.

Article3¶

1 . The prices offered must be expressed in the 1 . The Italian intervention agency shall be respon­ currency of the Member State in which the invitation sible for organizing the invitation to tender provided to tender was issued . for by this Regulation . 2. The rates used for converting into units of account those offers made in national currencies shall 2 . It shall forthwith communicate to the Commis­ be : sion the list of firms which have responded to the invi­ — the central rate in cases where the relevant tation to tender, specifying the terms of each tender, currency is held at any given moment within a together with the name and business name of the successful tenderer. band of 2-25 % , — in other cases the average spot exchange rate 3 . Where the customs export formalities for the during the period from Wednesday of one week to mobilized product are completed in a Member State Tuesday of the following week and which immedi­ other than that in which the invitation to tender is ately precedes the time limit for the submission of offers . issued , the intervention agency of the latter Member State shall be responsible for the operations following Article 4 tendering, including payment to the successful tenderer. The contract shall be awarded to the tenderer offering the best terms . In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ However, if the tenders submitted do not appear to vention agency of the Member State concerned and reflect normal market prices and costs, the interven­ shall supply it with all the information which it may tion agency may cancel the invitation to tender. require . \ Article 5 Furthermore, the amount . of the successful tender 1 . The tenderer shall give security of a value or 10 shall be paid after it has .been converted using the units of account per metric ton of the product ; for average of the spot rates referred to in the second the successful tenderer the security is intended to subparagraph of Article 3 (2) to the tenderer in the guarantee that the operations specified in Article 1 are currency of the Member State in which the operations duly completed. The security shall be forfeited if those relating to the tendering are completed. operations are not carried out within the prescribed time limit, save as regard quantities not delivered 4. The intervention agency shall request the owing to force majeure. successful tenderer to supply the following informa­ tion : 2. The security required under paragraph 1 may be provided in the form of a cash deposit or of a (a) after each shipment, a statement giving details of guarantee issued by a credit institution conforming to the quantities loaded, the quality of the products criteria laid down by each Member State . and the type of packing ; (b) the date of the departure of the ships ; the esti­ Article 6 mated date of arrival of the products at their desti­ 1 . The husked long grain rice referred to in Article nation ; 1 to be supplied to the Republic of Burundi must (c) all possible contingencies which might occur meet the following requirements : during transportation of the products. — moisture content : maximum 15% , — broken grains : 5 % maximum , The information indicated above shall be forwarded — green grains or grains having natural deformities : by the intervention agency to the Commission imme­ 3 % maximum . diately upon receipt.

No L 96/26 Official Journal of the European Communities 10 . 4. 76

5. when the intervention agency responsible for Article 8 the operations relating to tendering is not the interven­ tion agency which appoints the successful tenderer, it This Regulation shall enter into force on the day of its shall send as soon as possible to the latter the informa­ publication in the Official Journal of the European tion necessary for releasing the security. Communities.

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

Done at Brussels, 9 April 1976.

For the Commission

P.J. LARDINOIS Member of the Commission