31976R1125

No L 127/ 22 Official Journal of the European Communities 15 . 5 . 76

COMMISSION REGULATION (EEC) No 1125/76

of 14 May 1976

opening an invitation to tender for the mobilization of round grain milled rice as food aid for the Democratic Republic of Sao Tome and Principe

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 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 (J), as last amended by Regulation of the tenders submitted in response to the invitation (EEC) No 832/76 (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 25 March 1976 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 449 Regulation (EEC) No 2543/73 (5), and in particular metric tons of husked rice (in other words, 348 metric Article 3 thereof ; tons of round grain milled rice) to the Democratic Republic of Sao Tome and Principe under its 1975/76 Whereas the measures provided for in this Regulation 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 removed from the ship's Article 1 hold at the port of unloading ;

1 . Tenders are hereby invited for the supply to the Whereas in view of the different monetary circum­ Democratic Republic of Sao Tome and Principe by stances in the Member States, the observation of these way of Community action, of 348 metric tons of conditions is not guaranteed by the application of round grain milled rice. exchange rates applicable in the framework of the common agricultural policy since monetary compensa­ 2. The tendering procedure shall take place in Italy tory amounts do not apply in the rice sector ; whereas in one lot. The product shall be mobilized on the it is advisable to take account of the monetary situa­ Community market. The product shall be loaded for tion as regards different offers ; departure from any Community port.

Whereas the award under the invitation to tender 3. The invitation to tender provided for in para­ must be made to the tenderer offering the best terms ; graph 1 is for supply of products removed from the ship's hold at the port of unloading.

Whereas, should force majeure make it impossible to The recipient country shall bear all costs subsequent complete the operation in question within the time 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 100, 14. 4. 1976, p. 1 . (4) OJ No 106, 30 . 10. 1962, p. 2553/62. (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . (*) OJ No L 263, 19 . 9. 1973, p. 1 .

15 . 5. 76 No L 127/23 Official Journal of the European Communities

Article 5 Any demurrage costs or dispatch money at the port of unloading shall be a charge on or for the benefit of 1 . The successful tenderer shall give security of a the recipient country. The rates and detailed arrange­ value of 10 units of account per metric ton ; the secu­ ments relating thereto laid down in the contract rity is intended to guarantee that the operations speci­ between the authorized agent of the Community and fied in Article 1 are duly completed. The security the carrier must have been agreed upon in advance by shall be forfeit if those operations are not carried out the authorized agent and the receiving agent of the within the prescribed time limit, save as regards quan­ 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 kg. issued by a credit institution conforming to the The following shall be printed on the sacks : criteria laid down by the Member State.

Arroz — Dom da Comunidade economica europeia a Article 6 Republica democratica de Sào Tomé e Principe'.

1 . The round grain milled rice referred to in Article Article 2 1 to be supplied to Sao Tome and Principe must meet 1 . The decision on tenders received in response to the following requirements : the invitation provided for in Article 1 shall be taken — moisture : 1 5 % ; on 31 May 1976. — broken rice : 5 % maximum ; — chalky grains : 3 % maximum ; 2. The closing date for the submission of tenders — grains striated with red : 3 % maximum ; shall be on 31 May 1976 at 12 noon. — spotted grains : 1 % maximum ; 3 . The notice of invitation to tender shall be — stained grains : 0-50 % maximum ; published in the Official Journal of the European — yellow grains : 0-050 % maximum ; Communities not less than nine days before the — amber grains : 0125% maximum . closing date for the submission of tenders. Rice not meeting these requirements shall be refused.

Article 3 2. Tenders for supply to Sao Tome and Principe 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 : 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 : 3 % maximum ; the closing date for submission of tenders to exports — spotted grains : 1 % maximum ; from the Member State mentioned in the tender. — stained grains : 0-50 % maximum ; — yellow grains : 0-050 % maximum ; 3 . The rates used for converting into units of account those offers made in national currencies shall — amber grains : 0-125 % maximum. 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 ately precedes the time limit for the submission of sion the list of firms which have responded to the invi­ 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 the best terms . mobilized product are completed in a Member State 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.

No L 127/24 Official Journal of the European Communities 15 . 5 . 76

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. LARDINOIS

Member of the Commission

ANNEX

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

1 Sao Tome 348 Customs of the port