31976R1123

No L 127/ 16 15 . 5 . 76 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1123/76 of 14 May 1976 opening an invitation to tender for the mobilization of round and long grain milled rice as food aid for the Republic of Gambia

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 Whereas the Monetary Committee will be consulted ; of 25 July 1967 on the common organization of the whereas, in view of the urgency, the measures envis­ market in rice (1), as last amended by Regulation aged should be adopted in accordance with the condi­ (EEC) No 832/76 (2), tions laid down in Article 3 (2) of Council Regulation No 129 on the value of the unit of account and the Having regard to Council Regulation (EEC) No exchange rates to be applied for the purposes of the 2750/75 of 29 October 1975 laying down the condi­ common agricultural policy (4), as last amended by tions for the mobilization of cereals as food aid (3), and Regulation (EEC) No 2543/73 (5), and in particular in particular Article 6 thereof, Article 3 thereof ;

Whereas on 3 March 1976 the Council of the Euro­ Whereas the measures provided for in this Regulation pean Communities declared that it proposed, by way are in accordance with the opinion of the Manage­ of Community action, to grant the equivalent of 1 500 ment Committee for Cereals, metric tons of husked rice (in other words, 601 metric tons of round grain milled rice and 500 metric tons of long grain milled rice) to the Republic of Gambia under its 1974/75 food-aid programme ; HAS ADOPTED THIS REGULATION :

Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased Article 1 anywhere on the Community market ; 1 . Tenders are hereby invited for supply to the Whereas the proposed invitation to tender should be Republic of Gambia, by way of Community action, of for supply of the products delivered ip the ship's hold 601 metric tons of round grain milled rice and 500 at the port of unloading ; metric tons of long grain milled rice.

Whereas in view of the different monetary circum­ 2. The tendering procedure shall take place in Italy stances in the Member States, the observation of these in one lot. The product shall be mobilized on the conditions is not guaranteed by the application of Community market. The product shall be loaded for exchange rates applicable in the framework of the departure from any Community port. common agricultural policy since monetary compensa­ tory amounts do not apply in the rice sector ; whereas 3. The invitation to tender provided for in para­ it is advisable to take account of the monetary situa­ graph 1 is for supply of products delivered in the tion as regards different offers ; ship's hold at the port of unloading.

Whereas the award under the invitation to tender The recipient country shall bear all costs subsequent must be made to the tenderer offering the best terms ; to delivery of the goods, including unloading costs (such as unstowing, hoisting and reception) and any lighterage costs. Whereas provision should be made for security to be given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ Any demurrage costs or dispatch money at the port of tion to tender for supplies to the Republic of Gambia unloading shall be a charge on or for the benefit of will be fulfilled : the recipient country. The rates and detailed arrange­ ments relating thereto laid down in the contract (») OJ No 174, 31 . 7. 1967, p. 1 . (2) OJ No L 100, 14. 4. 1976, p. 1 . (4) OJ No L 106, 30 . 10 . 1962, p. 2553/62. (») OJ No L 281 , 1 . 11 . 1975, p. 89 . (5) OJ No L 263, 19 . 9. 1973, p. 1 .

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between the authorized agent of the Community and rity is intended to guarantee that the operations speci­ the carrier must have been agreed upon in advance by fied in Article 1 are duly completed. The security the authorized agent and the receiving agent of the shall be forfeit if those operations are not carried out recipient country. within the prescribed time limit, save as regards quan­ tities, not delivered owing to force majeure. 4. The successful tenderer shall deliver the product specified in paragraph 1 to the port of Banjul in new 2. The security provided for in paragraph 1 may be jute sacks of a net capacity of 50 kilogrammes. given in the form of a cash deposit or of a guarantee issued by a credit institution conforming to the The following shall be printed on the sacks : criteria laid down by the Member State. 'Milled rice — Gift of the European Community — To distribute free of charge.' 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 Republic of Gambia the invitation provided for in Article 1 shall be taken must meet the following requirements : on 31 May 1976. — moisture : 15% , 2. The closing date for the submission of tenders — broken rice : 5 % maximum, shall be 31 May 1976 at 12 noon. — chalky grains : 3 % maximum, 3 . The notice of invitation to tender shall be — grains striated with red : 3 % maximum, published in the Official Journal of the European — spotted grains : 1 % maximum, Communities not less than nine days before the — stained grains : 0-50 % maximum, closing date for the submission of tenders. — yellow grains : 0-050 % maximum, — amber grains : 0-125 % maximum. Article 3 Rice not meeting these requirements shall be refused. 1 . The prices offered must be expressed in the currency of the Member State in which the invitation 2. Tenders for supply to the Republic of Gambia of to tender was issued . the round and long grain milled rice referred to in Article 1 must relate to a product with the following 2. For the purpose of rendering the tenders compar­ characteristics : able, the prices shall, where appropriate, be corrected by the accession compensatory amount applicable on — moisture : 15 % , the closing date for submission of tenders to exports — broken rice : 5 % maximum , from the Member State mentioned in the tender. — chalky grains : 3 % maximum, — grains striated with red : 3 % maximum, 3. The rates used for converting into units of account those offers made in national currencies shall — spotted grains : 1 % maximum, be : — stained grains : 0-50 % maximum, — yellow grains : 0-050 % maximum, — the central rate in cases where the relevant — amber grains : 0-125 % maximum . currency is held at any given moment within a band of 2-25 % , — in other cases the average spot exchange rate Article 7 during the period from Wednesday of one week to Tuesday of the following week and which immedi­ 1 . The Italian intervention agency shall be respon­ ately precedes the time limit for the submission of sible for the operations relating to the invitation to tenders . tender provided for by this Regulation .

Article 4 2. It shall forthwith communicate to the Commis­ sion the list of firms which have reponded to the invi­ The contract shall be awarded to the tenderer offering tation to tender, specifying the terms of each tender, the best terms . together with the name and business name of the successful tenderer. However, if the tenders submitted do not appear to correspond to normal market prices and costs, the 3. Where the customs export formalities for the intervention agency may cancel the invitation to tender. mobilized product are completed in a Member State other than that in which the invitation to tender is Article 5 issued, the intervention agency of the latter Member State shall be responsible for the operations following 1 . The successful tenderer shall give security of a tendering, including payment to the successful tenderer. value of 1 0 units of account per metric ton ; the secu­

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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 (3) 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, 14 May 1976.

For the Commission

P.J. LARDINOIS Member of the Commission