31977R1187

4. 6 . 77 Official Journal of the European Communities No L 138 / 9

COMMISSION REGULATION ( EEC) No 1187 / 77 of 3 June 1977 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), and tions laid down in Article 3 (2) of Council Regulation 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 8 February 1977 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 2 151-29 tonnes of husked rice (in other words Whereas the measures provided for in this Regulation 1 667-5 tonnes of round grain milled rice) to the Inter­ national Committee of the Red Cross under its are in accordance with the opinion of the Manage­ ment Committee for Cereals, 1975/76 and 1976/77 food-aid programmes ;

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 to the dock or in the lighter where applicable at the port of unloading ; 1 . Tenders are hereby invited for supply to the International Committee of the Red Cross , by way of Whereas in view of the different monetary circum­ Community action , of 1 667-5 tonnes of round grain stances in the Member States, the observation of these milled rice . conditions is not guaranteed by the application of exchange rates applicable in the framework of the 2. The tendering procedure shall take place in Italy common agricultural policy since monetary compensa­ in five lots . The product shall be mobilized on the tory amounts do not apply in the rice sector ; whereas Community market . The product shall be loaded for it is advisable to take account of the monetary situa­ departure from any Community port. tion as regards different offers ;

5 . The invitation to tender provided for in para­ Whereas the award under the invitation to tender graph 1 is for supply of products to the dock, or in must be made to the tenderer offering the best terms ; the lighter where applicable in the port of Manila .

Whereas provision should be made for security to be 6. The successful tenderer shall deliver the product given for the purpose of guaranteeing that the obliga­ specified in paragraph 1 in new jute sacks lined with tions arising by virtue of participation in the invita­ cotton sacks of a net capacity of 50 kilograms.

(') 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 .

No L 138 / 10 Official Journal of the European Communities 4 . 6 . 77

On the sacks shall be printed a red cross, 1 5 cm x 1 5 intended to guarantee that the operations specified in cm as well as the following : Article 1 are duly completed. The security shall be forfeit if those operations are not carried out within 'Milled rice / Gift of the European Economic Commu­ the prescribed time limit, save as regards quantities nity / Action of the International Committee of the Red Cross / For free distribution .' not delivered owing to force majeure.

To allow for the possibility of re-bagging, the 2. The security provided for in paragraph 1 may be successful tenderer shall supply 2 % of new empty given in the form of a cash deposit or of a guarantee sacks, of the same quality as those containing the issued by a credit institution conforming to the criteria laid down by the Member State. goods but with the printing followed by a capital letter 'R\ Article 6 Article 2 1 . The round grain milled rice referred to in Article 1 . The decision on tenders received in response to 1 to be supplied to the International Committee of the invitation provided for in Article 1 shall be taken the Red Cross must meet the following requirements : on 20 June 1977. — moisture : 1 5 % ; 2. The closing date for the submission of tenders — broken rice : 5 % maximum ; shall be 20 June 1977 at 12 noon . — chalky grains : 5 % maximum ; 3 . The notice of invitation to tender shall be — grains striated with red : 3 % maximum ; published in the Official Journal of the European — spotted grains : 1 -5 % maximum ; Communities not less than nine days before the — stained grains : 1 % maximum ; closing date for the submission of tenders. — yellow grains : 0 050 % maximum ; Article 3 — amber grains : 0-20 % 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 International Committee of the Red Cross of the round grain 2. For the purpose of rendering the tenders compar­ milled rice referred to in Article 1 must relate to a able, the prices shall, where appropriate, be corrected product with the following characteristics : by the accession compensatory amount applicable on — moisture : 1 5 % ; the closing date for submission of tenders to exports from the Member State mentioned in the tender. — broken rice : 5 % maximum ; — chalky grains : 5 % maximum ; 3. The rates used for converting into units of account those offers made in national currencies shall — grains striated with red : 3 % maximum ; be : — spotted grains : 1 -5 % maximum ; — the central rate in cases where the relevant — stained grains : 1 % maximum ; currency is held at any given moment within a — yellow grains : 0 050 % maximum ; band of 2-25 % , — amber grains : 0-20 % maximum . — in other cases the average spot exchange rate during the period from Wednesday of one week to Article 7 Tuesday of the following week and which immedi­ ately precedes the time limit for the submission of 1 . The Italian intervention agency shall be respon­ 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 rhe contract shall be awarded to the tenderer offering sion the list of firms which have responded to the invi­ he best terms . tation to tender, specifying the terms of each tender, together with the name and business name of the however, if the tenders submitted do not appear to successful tenderer. :orrespond to normal market prices and costs, the ntervention agency may cancel the invitation to 3. Where the customs export formalities for the ender. 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 State shall be responsible for the operations following 1 . The successful tenderer shall give security of a tendering, including payment to the successful ^alue of 10 units of account per tonne ; the security is tenderer .

4 . 6 . 77 Official Journal of the European Communities No L 138/ 11

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 Futhermore, the amount of the successful tender shall received . be paid after it has been converted using the average of the spot rates referred to in the second subpara­ 5. When the intervention agency responsible for graph of Article 3 (3) to the tenderer in the currency the operations relating to tendering is not the interven­ of the Member State in which the operations relating tion agency which appoints the successful tenderer, it 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, 3 June 1977. For the Commission

Finn GUNDELACH Vice-President