31977R1009

No L 121 /8 Official Journal of the European Communities 14 . 5 . 77

COMMISSION REGULATION ( EEC) No 1009/ 77 of 13 May 1977 opening an invitation to tender (or the mobilization of round grain milled rice as food aid for the Cape Verde Islands

THE COMMISSION OF THE EUROPEAN tions arising by virtue of participation in the invita­ COMMUNITIES, tion to tender for supplies to the Cape Verde Islands 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 (EEC) No 1418 /76 of 21 June 1976 on the common organiza­ Whereas the Commission must be informed quickly tion of the market in rice ('), of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to Council Regulation ( EEC) No 2750/75 of 29 October 1975 laying down the condi­ Whereas the Monetary Committee will be consulted ; tions for the mobilization of cereals as food aid (2), and whereas, in view of the urgency, the measures envis­ in particular Article 6 thereof, aged should be adopted in accordance with the condi­ tions laid down in Article 3 (2) of Council Regulation No 129 on the value of the unit of account and the Whereas on 16 December 1976 the Council of the exchange rates to be applied for the purposes of the European Communities declared that it proposed, by way of Community action , to grant the equivalent of common agricultural policy (3), as last amended by Regulation ( EEC) No 2543/73 (4), and in particular 3 250 tonnes of husked rice (in other words, 2 518 Article 3 thereof ; tonnes of round grain milled rice) to the Cape Verde Islands under its 1976/77 food-aid programme ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Whereas pursuant to Article 3 (3) of Council Regula­ ment Committee for Cereals, tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ;

Whereas the proposed invitation to tender should be HAS ADOPTED THIS REGULATION : for supply of the products delivered in the ship's hold at the port of unloading ;

Whereas in view of the different monetary circum­ Article 1 stances in the Member States, the observation of these conditions is not guaranteed by the application of 1 . Tenders are hereby invited for the supply to the exchange rates applicable in the framework of the Cape Verde Islands, by way of Community action , of common agricultural policy since monetary compensa­ 2 518 tonnes of round grain milled rice. tory amounts do not apply in the rice sector ; whereas it is advisable to take account of the monetary situa­ 2. The tendering procedure shall take place in Italy tion as regards different offers ; in two lots . The product shall be mobilized on the Community market. The product shall be loaded for Whereas the award under the invitation to tender departure from any Community port. must be made to the tenderer offering the best terms ; 3 . The invitation to tender provided for in para­ Whereas, should force majeure make it impossible to graph 1 is for supply of products delivered in the :omplete the operation in question within the time ship's hold at the port of unloading (Sao Vincente : limits specified, it must be made clear who is to bear 1 000 tonnes ; Praia : 1 518 tonnes). The recipient the liability for any resulting costs ; country shall bear all costs subsequent to delivery of the goods, including unloading costs (such as Whereas provision should be made for security to be unstowing, hoisting and reception) and any lighterage given for the purpose of guaranteeing that the obliga­ costs .

') OJ No L 166, 25 . 6 . 1976, p . 1 . (3 ) OJ No 106, 30 . 10 . 1962, p. 2553/62. I2 ) OJ No L 281 , 1 . 1 1 . 1975, p . 89 . (4 ) OJ No L 263 , 19 . 9 . 1973, p . 1 .

14 . 5 . 77 Official Journal of the European Communities No L 121 /9

4. The successful tenderer shall deliver the product intended to guarantee that the operations specified in specified in paragraph 1 in new jute sacks of a net Article 1 are duly completed . The security shall be capacity of 50 kilograms . forfeit if those operations are not carried out within the prescribed time limit, save as regards quantities Minimum weight of the sacks shall be 600 grams. The not delivered owing to force majeure. following shall be printed on the sacks : 'Arroz blanqueado / Dom da Comunidade Economica 2. The security provided for in paragraph 1 may be given in the form of a cash deposit or of a guarantee Europeia / Destinado a distribuição gratuita'. issued by a credit institution conforming to the To allow for the possibility of re-bagging, the criteria laid down by the Member State. successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the Article 6 goods but with the printing followed by a capital letter ' R'. 1 . The round grain milled rice referred to in Article 1 to be supplied to the Cape Verde Islands must meet Article 2 the following requirements : 1 . The decision on tenders received in response to — moisture : 15 % ; the invitation provided for in Article 1 shall be taken — broken rice : 5 % maximum ; on 27 May 1977 . — chalky grains : 5 % maximum ; — grains striated with red : 3 % maximum ; 2. The closing date for the submission of tenders — spotted grains : 1-5% maximum ; shall be 27 May 1977 at 12 noon . — stained grains : 1 % maximum ; 3 . The notice of invitation to tender shall be — yellow grains : 0-050 % maximum ; published in the Official Journal of the European — amber grains : 0-20 % maximum . Communities, not less than nine days before the Rice not meeting these requirements shall be refused. closing date for the submission of tenders. 2. Tenders for supply to the Cape Verde Islands of Article 3 the round grain milled rice referred to in Article 1 must relate to a product with the following characteris­ 1 . The prices offered must be expressed in the tics : currency of the Member State in which the invitation to tender was issued . — moisture : 1 5 % ; — broken rice : 5 % maximum : 2. For the purpose of rendering the tenders compar­ — chalky grains : 5 % maximum ; able, the prices shall, where appropriate, be corrected — grains striated with red : 3 % maximum ; by the accession compensatory amount applicable on — spotted grains : 1 -5 % maximum ; the closing date for submission of tenders to exports — stained grains : 1 % maximum ; from the Member State mentioned in the tender. — yellow grains : 0-050 % maximum ; 3 . The rates used for converting into units of — amber grains : 0-20 /o maximum . account those offers made in national currencies shall be : Article 7 — the central rate in cases where the relevant 1 . The Italian intervention agency shall be respon­ currency is held at any given moment within a sible for the operations relating to the invitation to band of 2-25 % , tender provided for by this Regulation . — in other cases, the average spot exchange rate 2 . It shall forthwith communicate to the Commis­ during the period from Wednesday of one week to sion the list of firms which have responded to the invi­ Tuesday of the following week and which immedi­ tation to tender, specifying the terms of each tender ately precedes the time limit for the submission of together with the name and business name of the offers . successful tenderer. Article 4 3 . Where the customs export formalities for the mobilized product are completed in a Member State The contract shall be awarded to the tenderer offering other than that in which the invitation to tender is the best terms . issued, the intervention agency of the latter Member However, if the tenders submitted do not appear to State shall be responsible for the operations following correspond to normal market prices and costs, the tendering, including payment to the successful intervention agency may cancel the invitation to tenderer. tender. In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ Article 5 vention agency of the Member State concerned and 1 . The successful tenderer shall give security of a shall supply it with all the information which it may value of 10 units of account per tonne ; the security is require .

No L 121 / 10 Official Journal of the European Communities 14 . 5 . 77

Furthermore, the amount of the successful tender The intervention agency shall transmit the informa­ shall be paid after it has been converted using the tion provided for to the Commission as soon as it is average of the spot rates referred to in the second received . subparagraph of Article 3 (2) to the tenderer in the currency of the Member State in which the operations 5. When the intervention agency responsible for relating to the tendering are completed . the operations relating to tendering is not the interven­ 4. The intervention agency shall ask that the tion agency which appoints the successful tenderer, it tenderer specifies the following information : shall send as soon as possible to the latter the informa­ tion necessary for releasing the security. (a) after each shipment, a statement giving details of the quantities loaded, the quality of the products and their packaging ; Article 8 (b) the date of the departure of the ships ; the expected date of arrival of the products at their destination ; This Regulation shall enter into force on the day of its (c) all possible contingencies which might occur publication in the Official Journal of the European during transportation of the products. Communities.

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

Done at Brussels, 13 May 1977.

For the Commission

Finn GUNDELACH

Vice-President