31976R2268

No L 255/ 8 Official Journal of the European Communities 18 . 9 . 76

COMMISSION REGULATION ( EEC) No 2268 /76 of 17 September 1976 opening an invitation to tender for the mobilization of round grain milled rice as food aid for the International Committee of the Red Cross

THE COMMISSION OF THE EUROPEAN tion to tender for supplies to the International COMMUNITIES, Committee of the Red Cross will be fulfilled ;

Whereas the Italian intervention agency should be Having regard to the Treaty establishing the European Economic Community, made responsible for the tendering procedure ;

Whereas the Commission must be informed quickly Having regard to Council Regulation (EEC) No of the tenders submitted in response to the invitation 1418 /76 of 21 June 1976 on the common organiza­ and of those accepted by the intervention agency ; tion of the market in rice ('),

Whereas the Monetary Committee will be consulted ; Having regard to Council Regulation (EEC) No whereas, in view of the urgency, the measures envis­ 2750/75 of 29 October 1975 laying down the condi­ aged should be adopted in accordance with the condi­ tions for the mobilization of cereals as food aid (2), tions laid down in Article 3 (2) of Council Regulation and in particular Article 6 thereof, No 129 on the value of the unit of account and the exchange rates to be applied for the purposes of the common agricultural policy (3), as last amended by Whereas on 21 June 1976 the Council of the Euro­ Regulation (EEC) No 2543/73 (4), and in particular pean Communities declared that it proposed, by way Article 3 thereof ; of Community action, to grant the equivalent of 2 500 metric tons of husked rice (in other words 1 937-5 metric tons of round grain milled rice) to the Interna­ Whereas the measures provided for in this Regulation tional Committee of the Red Cross under its 1975 / 76 are in accordance with the opinion of the Manage­ 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 HAS ADOPTED THIS REGULATION : anywhere on the Community market ;

Whereas the proposed invitation to tender should be Article 1 for supply of the products delivered Danang, that is at the moment when the goods are actually placed on the dock or in the lighter where applicable ; 1 . Tenders are hereby invited for supply to the International Committee of the Red Cross, by way of Community action , of 1 937-5 metric tons of round Whereas, in view of the different monetary circum­ grain milled rice . stances in the Member States, the observation of these conditions is not guaranteed by the application of 2. The tendering procedure shall take place in Italy exchange rates in the framework of the common agri­ in one lot . The product shall be mobilized on the cultural policy since monetary compensatory amounts Community market. The product shall be loaded for do not apply in the rice sector ; whereas it is advisable departure from any Community port. to take account of the monetary situation as regards different offers ; 3 . The invitation to tender provided for in para­ graph 1 is for supply of products delivered Danang, Whereas the award under the invitation to tender that is at the moment when the goods are actually must be made to the tenderer offering the best terms ; placed on the dock or in the lighter where applicable.

Whereas provision should be made for security to be 4. The successful tenderer shall deliver the product given for the purpose of guaranteeing that the obliga­ specified in paragraph 1 in new jute sacks, having a tions arising by virtue of participation in the invita­ net capacity of 50 kg.

(!) OJ No L 166, 25. 6. 1976, p. 1 . ( 3 ) OJ No 106, 30 . 10 . 1962, p . 2553/62. ( 2) OJ No L 281 , 1 . 11 . 1975, p. 89 . (•>) OJ No L 263 , 19 . 9 . 1973 , p . 1 .

18 . 9 . 76 Official Journal of the European Communities No L 255/9

On the sacks shall be printed a red cross, 1 5 cm x 15 fied in Article 1 are duly completed. The security cm as well as the following : shall be forfeit if those operations are not carried out within the prescribed time limit, save as regards quan­ 'Milled rice / Gift of the European Economic Commu­ tities not delivered owing to force majeure. nity / Action of the International Committee of the Red Cross / For free distribution .' 2. The security provided for in paragraph 1 may be given in the form of a cash deposit or of a guarantee Article 2 issued by a credit institution conforming to the criteria laid down by the Member State. 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken on 4 October 1976 . Article 6

2. The closing date for the submission of tenders 1 . The round grain milled rice referred to in Article shall be 4 October 1976, at 12 noon . 1 to be supplied to the International Committee of the Red Cross must meet the following requirements : 3. The notice to tender shall be published in the Official Journal of the European Communities not — moisture : 1 5 % , less than six days before the closing date for the — broken rice : 5 % maximum , submission of tenders . — chalky grains : 3 % maximum, — grains striated with red : 3 % maximum, — spotted grains : 1 % maximum, Article 3 — stained grains : 0-50 % maximum, — yellow grains : 0-050 % maximum, 1 . The prices offered must be expressed in the — amber grains : 01 25 % 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 able, the prices shall, where appropriate, be corrected 2. Tenders for supply to the International by the accession compensatory amount applicable on Committee of the Red Cross of the round grain milled rice referred to in Article 1 must relate to a the closing date for submission of tenders to exports from the Member State mentioned in the tender. product with the following characteristics :

— moisture : 1 5 % , 3. The rates used for converting into units of — broken rice : 5 % maximum , account those offers made in national currencies shall be : — chalky grains : 3 % maximum, — grains striated with red : 3 % maximum, — the central rate in cases where the relevant — spotted grains : 1 % maximum, currency is held at any given moment within a — stained grains : 0-50 % maximum, band of 2-25 % , — yellow grains : 0-050 % maximum, — amber grains : 0-125 % maximum. — in other cases the average spot exchange rate 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 tenders . 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 .

The contract shall be awarded to the tenderer offering 2. It shall forthwith communicate to the Commis­ 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. intervention agency may cancel the invitation to tender. 3 . Where the customs export formalities for the mobilized product are completed in a Member State Article 5 other than that in which the invitation to tender is issued, the intervention agency of the latter Member 1 . The successful tenderer shall give security of a State shall be responsible for the operations following value of 10 units of account per metric ton ; the secu­ tendering, including payment to the successful rity is intended to guarantee that the operations speci­ tenderer.

No L 255/ 10 Official Journal of the European Communities 18 . 9 . 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 tfye 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, 17 September 1976. For the Commission

P.J. LARDINOIS Member of the Commission