31977R0500

No L 66/ 12 Official Journal of the European Communities 12 . 3 . 77

COMMISSION REGULATION ( EEC) No 500/ 77 of 11 March 1977 opening an invitation to tender for the mobilization of long grain milled rice as food aid for the Comoros

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

Whereas the Commission must be informed quickly Having regard to the Treaty establishing the European Economic Community, of the tenders submitted in response to the invitation and of those accepted by the intervention agency ;

Having regard to Council Regulation ( EEC) No Whereas the Monetary Committee will be consulted ; 1418/76 of 21 June 1976 on the common organiza­ whereas, in view of the urgency, the measures envis­ tion of the market in rice ('), 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 (2), and common agricultural policy (3), as last amended by in particular Article 6 thereof, Regulation (EEC) No 2543/73 (4 ), and in particular Article 3 thereof ; Whereas on 25 March 1976 the Council of the Euro­ pean Communities declared that it proposed, by way Whereas the measures provided for in this Regulation of Community action , to grant the equivalent of 4 000 are in accordance with the opinion of the Manage­ ment Committee for Cereals, tonnes of husked rice ( in other words 3 424 tonnes of long grain milled rice) to the Comoros under its 1975/76 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 anywhere on the Community market ; Article 1 Whereas the proposed invitation to tender should be for supply of the products delivered in the ship's hold 1 . Tenders are hereby invited for supply to the at the port of unloading ; Comoros , by way of Community action , of 3 424 tonnes 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 two lots. 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 it is advisable to take account of the monetary situa­ 3 . The invitation to tender provided for in para­ tion as regards different offers ; graph 1 is for supply of products delivered in the ship's hold at the port of unloading (Moroni : 2 282 tonnes ; Mutsamudu : 1 242 tonnes). The recipient Whereas the award under the invitation to tender country shall bear all costs subsequent to delivery of must be made to the tenderer offering the best terms ; 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 4 . The successful tenderer shall deliver the product tion to tender for supplies to the Comoros will be specified in paragraph 1 in new jute sacks of a net fulfilled ; capacity of 50 kilograms .

(') OJ No L 166, 25 . 6 . 1976, p. 1 . (3) OJ No L 106 , 30 . 10 . 1962, p . 255.5 / 62 . (2 ) OJ No L 281 , 1 . 11 . 1975 , p. 89 . (4 ) OJ No L 263 , 19 . 9 . 197 5 , p. 1 .

12 . 3 . 77 Official Journal of the European Communities No L 66/ 13

Minimum weight of the sacks shall be 600 grams. The intended to guarantee that the operations specified in following shall be printed on the sacks : Article 1 are duly completed. The security shall be forfeit if those operations are not carried out within 'Riz / Don de la Communaute economique euro­ the prescribed time limit, save as regards quantities, peenne aux lies Comores'. not delivered owing to force majeure. To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty 2. The security provided for in paragraph 1 may be sacks, of the same quality as those containing the given in the form of a cash deposit or of a guarantee goods but with the printing followed by a capital issued by a credit institution conforming to the letter 'R'. 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 long grain milled rice referred to in Article on 21 March 1977 . 1 to be supplied to the Comoros must meet the following requirements : 2. The closing date for the submission of tenders shall be 21 March 1977 at 12 noon . — moisture : 15% , — broken rice : 35 % , 3 . The notice of invitation to tender shall be — chalky grains : 3 % maximum , published in the Official Journal of the European — grains striated with red : 3 % maximum, Communities not less than six days before the closing — spotted grains : 1 % maximum , date for the submission of tenders . — stained grains : 0-50 % maximum, — yellow grains : 0-050 % maximum, Article 3 — amber grains : 0-125 % maximum . 1 . The prices offered must be expressed in the Rice not meeting these requirements shall be refused. currency of the Member State in which the invitation to tender was issued . 2. Tenders for supply to the Comoros of the long 2. For the purpose of rendering the tenders compar­ grain milled rice referred to in Article 1 must relate to able, the prices shall, where appropriate, be corrected a product with the following characteristics : by the accession compensatory amount applicable on — moisture : 15% , the closing date for submission of tenders to exports from the Member State mentioned in the tender. — broken rice : 35 % , — chalky grains : 3 % maximum, 3. The rates used for converting into units of — grains striated with red : 3 % maximum, account those offers made in national currencies shall — spotted grains : 1 % maximum, be : — stained grains : 0-50 % maximum, — the central rate in cases where the relevant — yellow grains : 0-050 % maximum, — amber grains : 0125% 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 tenders . sible for the operations relating to the invitation to tender provided for by this Regulation .

Article 4 2. It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ The contract shall be awarded to the tenderer offering the best terms . tation to tender, specifying the terms of each tender, 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 intervention agency may cancel the invitation to 3 . Where the customs export formalities for the 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 t State shall be responsible for the operations following 1 . The sucessful tenderer shall give security of a tendering, including payment to the successful value of 10 units of account per tonne ; the security is tenderer .

No L 66/ 14 Official Journal of the European Communities 12 . 3 . 77

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, 11 March 1977 .

For the Commission Finn GUNDELACH Vice-President