31977R1186

No L 138/6 Official Journal of the European Communities 4 . 6 . 77

COMMISSION REGULATION ( EEC) No 1186/77 of 3 June 1977 opening an invitation to tender for the mobilization of long grain milled rice as food aid for the Republic of Ghana

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 (EEC) No 1418/76 of 21 June 1976 on the common organiza­ Whereas the Monetary Committee will be consulted ; tion of the market in rice ('), whereas, in view of the urgency, the measures envis­ aged should be adopted in accordance with the condi­ Having regard to Council Regulation (EEC) No tions laid down in Article 3 (2) of Council Regulation 2750/75 of 29 October 1975 laying down the condi­ No 129 on the value of the unit of account and the tions for the mobilization of cereals as food aid (2), and exchange rates to be applied for the purposes of the in particular Article 6 thereof, common agricultural policy (3), as last amended by Regulation (EEC) No 2543/73 (4), and in particular Whereas on 8 February 1977 the Council of the Euro­ Article 3 thereof ; pean Communities declared that it proposed, by way of Community action , to grant the equivalent of 1 739 Whereas the measures provided , for in this Regulation tonnes of husked rice, (in other words 1 200 tonnes of are in accordance with the opinion of the Manage­ long grain milled rice) to the Republic of Ghana ment Committee for Cereals, under its 1976/77 food-aid programme ;

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 tenders should be invited for the supply of Article 1 the product to the port of shipment in the vicinity of the vessel, the goods to be set down at the place nomi­ nated by the recipient or its agent ; 1 . Tenders are hereby invited for the supply to the Republic of Ghana by way of Community action, of Whereas in view of the different monetary circum­ 1 200 tonnes of long 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 applicable in the framework of the in one lot. The product shall be mobilized on the common agricultural policy since monetary compensa­ Community market. The product shall be loaded for tory amounts do not apply in the rice sector ; whereas departure from Genoa. it is advisable to take account of the monetary situa­ tion as regards different offers ; 3 . The product referred to in paragraph 1 is to be delivered in new jute sacks of a net capacity of 50 kilo­ Whereas the award under the invitation to tender grams to the port of shipment in the vicinity of the must be made to the tenderer offering the best terms ; vessel . The goods must be set down at the place nomi­ nated by the recipient country or its agent, the timing Whereas, should force majeure make it impossible to of delivery being settled by the tenderer and the recip­ complete the operation in question within the time ient country's agent. limits specified, it must be made clear who is to bear the liability for any resulting costs ; Minimum weight of the sacks shall be 600 grams. The following shall be printed on the sacks : Whereas provision should be made for security to be given to guarantee fulfilment of the obligations arising 'Rice — Gift of the European Economic Community by virtue of participation in the invitation to tender ; to Ghana'.

(') 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 .

4 . 6 . 77 Official Journal of the European Communities No L 138 /7

To allow for the possibility of re-bagging, the intended to guarantee that the operations specified in successful tenderer shall supply 2 % of new empty Article 1 are duly completed. The security shall be sacks, of the same quality as those containing the forfeit if those operations are not carried out within goods but with the printing followed by a capital the prescribed time limit, save as regards quantities letter 'R\ not delivered owing to force majeure.

Article 2 2. The security provided for in paragraph 1 may be in the form of a cash deposit or of a guarantee issued 1 . The decision on tenders received in response to by a credit institution conforming to the criteria laid the invitation provided for in Article 1 shall be taken down by the Member State. on 20 June 1977 . 2. The closing date for the submission of tenders Article 7 shall be 20 June 1977 at 12 noon . 3 . The notice of invitation to tender shall be 1 . The long grain milled rice referred to in Article 1 to be supplied to the Republic of Ghana must meet published in the Official Journal of the European the following requirements : Communities, not less than nine days before the closing date for the submission of tenders. — moisture : 1 5 % ; — broken rice : 5 % maximum : Article 3 — chalky grains : 5 % maximum ; 1 . The prices offered must be expressed in the — grains striated with red : 3 % maximum ; currency of the Member State in which the invitation to tender was issued . — spotted grains : 1 -5 % maximum ; — stained grains : 1 % maximum ; 2. For the purpose of rendering the tenders compar­ able, the prices shall, where appropriate, be corrected — yellow grains : 0-050 % maximum ; by the accession compensatory amount applicable on — amber grains : 0-20 % maximum . the closing date for submission of tenders tp exports from the Member State mentioned in the tender . Rice not meeting these requirements shall be refused.

3 . The rates used for converting into units of 2. Tenders for supply to the Republic of Ghana of account those offers made in national currencies shall the long grain milled rice referred to in Article 1 must be : relate to a product with the following characteristics : — the central rate in cases where the relevant — moisture : 1 5 % ; currency is held at any given moment within a — broken rice : 5 % maximum ; band of 2-25 % , — in other cases, the average spot exchange rate — chalky grains : 5 % maximum ; during the period from Wednesday of one week to — grains striated with red : 3 % maximum ; Tuesday of the following week and which immedi­ — spotted grains : 1 -5 % maximum ; ately precedes the time limit for the submission of tenders . — stained grains : 1 % maximum ; — yellow grains : 0-050 % maximum ; Article 4 — amber grains : 0-20 % maximum . The contract shall be awarded to the tenderer offering the best terms . Article 8 However, if the tenders submitted do not appear to 1 . The Italian intervention agency shall be respon­ correspond to normal market prices and costs, the sible for the operations relating to the invitation to intervention agency may cancel the invitation to tender provided for by this Regulation . tender . 2 . It shall forthwith communicate to the Commis­ Article 5 sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, If the tenderer is unable to deliver the goods in together with the name and business name of the compliance with Article 1 (3) on the date given in the successful tenderer. notice of invitation to tender as a result of the late availability of the vessels to be used for sea transporta­ 3 . Where the customs export formalities for the tion , the resulting costs shall be borne by the interven­ mobilized product are completed in a Member State tion agency. other than that in which the invitation to tender is issued, the intervention agency of the latter Member Article 6 State shall be responsible for the operations following 1 . The successful 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 138 / 8 Official Journal of the European Communities 4 . 6 . 77

In such case, the intervention agency choosing the 5. When the intervention agency responsible for successful tenderer shall immediately inform the inter­ the operations relating to tendering is not the interven­ vention agency of the Member State concerned and tion agency which appoints the successful tenderer, it shall supply it with all the information which it may shall send as soon as possible to the latter the informa­ require . tion necessary for releasing the security. Furthermore , the amount of the successful tender shall be paid after it has been converted using the Article 9 average of the spot rates referred to in the second subparagraph of Article 3 (3) to the tenderer in the On delivery of the goods at the port of shipment, a currency of the Member State in which the operations handing-over certificate shall be supplied to the relating to the tendering are completed. successful tenderer, acting as agent for the Commu­ nity, by the agent of the recipient country or, in the 4. The intervention agency shall request the absence of the latter, by the intervention agency of the successful tenderer to supply the following informa­ Member State in whose territory the port of shipment tion : is situated . (a) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; Article 10 (b) the date of departure of the vessels.

The information indicated above shall be forwarded This Regulation shall enter into force on the day of its by the intervention agency to the Commission imme­ publication in the Official Journal of the European diately upon receipt. Communities.

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

Done at Brussels, 3 June 1977 . For the Commission Finn GUNDELACH Vice-President