31977R1246

No L 144/ 18 Official Journal of the European Communities 11 . 6 . 77

COMMISSION REGULATION ( EEC) No 1246/ 77 of 10 June 1977 opening an invitation to tender for the mobilization of husked long grain rice as food aid for the Socialist Republic of Vietnam

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 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 8 February 19 77 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 15 000 tonnes of are in accordance with the opinion of the Manage­ husked long grain rice to the Socialist Republic of ment Committee for Cereals, Vietnam 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 the proposed invitation to tender should be Article 1 for supply of the products delivered in the ship's hold at the port of unloading ; 1 . Tenders are hereby invited for the supply to the Whereas in view of the different monetary circum­ Socialist Republic of Vietnam by way of Community stances in the Member States , the observation of these food-aid action, of 15 000 tonnes of husked long grain rice . conditions is not guaranteed by the application of exchange rates applicable in the framework of the common agricultural policy since monetary compensa­ 2. The tendering procedure shall take place in Italy tory amounts do not apply in the rice sector ; whereas in four lots of 3 750 tonnes each . it is advisable to take account of the monetary situa­ tion as regards different offers ; The products shall be mobilized on the Community market . Whereas the award under the invitation to tender must be made to the tenderer offering the best terms ; Shipment shall be from a Community port.

Whereas, should force majeure make it impossible to 3 . The invitation to tender provided for in para­ complete the operation in question within the time graph 1 is for supply of products delivered in the limits specified , it must be made clear who is to bear ship's hold at the port of unloading (Danang for Lots the liability for any resulting costs ; 1 and 3 ; Haiphong for Lots 2 and 4). The recipient country shall bear all costs subsequent to delivery of Whereas provision should be made for security to be the goods, including unloading costs (such as given to guarantee fulfilment of the obligations arising unstowing, hoisting and reception) and any lighterage by virtue of participation in the invitation to tender ; costs .

(') OJ No L 166 , 25 . 6 . 1976 , p . 1 . (J ) OJ No 106, 30 . 10 . 1962, p . 2553 / 62. (2 ) OJ No L 281 , 1 . 1 1 . 1975 , p . 89 . (4 ) OJ No L 263 , 19 . 9 . 1973 , p . 1 .

11 . 6 . 77 Official Journal of the European Communities No L 144/ 19

4. The successful tenderer shall deliver the product Article 5 specified in paragraph 1 in new jute sacks of a net capacity of 50 kilograms. 1 . The successful tenderer shall give security of a value of 10 units of account per tonne ; the security is 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 'Riz décortiqué / Don de la Communauté écono­ forfeit if those operations are not carried out within mique européenne au Viêt-nam / À distribuer gratuite­ the prescribed time limit, save as regards quantities ment'. 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 goods but with the printing followed by a capital criteria laid down by the Member State . letter 'R\

Article 6 Article 2 1 . The husked long grain rice referred to in Article 1 . The decision on tenders received in response to 1 to be supplied to the Socialist Republic of Vietnam the invitation provided for in Article 1 shall be taken must meet the following requirements : on 27 June 1977. (a) rice, free of odour, of a sound and fair marketable 2. The closing date for the submission of tenders quality ; shall be 27 June 1977 at 12 noon . (b) moisture content : 15% ; 3 . The notice of invitation to tender shall be published in the Official Journal of the European (c) percentage of rice grains which are not of unim­ Communities, not less than nine days before the paired quality : closing date for the submission of tenders. — paddy grains : 1 % , — broken rice : 5 % , Article 3 — green grains or grains showing natural malfor­ 1 . The prices offered must be expressed in the mation 5 % (including up to 0-5 % of red currency of the Member State in which the invitation grains) ; to tender was issued . (d) tolerance of extraneous matter, consisting of : 2. For the purpose of rendering the tenders compar­ — mineral or vegetable inedible substances able, the prices shall, where appropriate, be corrected provided that they are not toxic 0-01 % , by the accession compensatory amount applicable on — extraneous grains or parts thereof, edible the closing date for submission of tenders to exports from the Member State mentioned in the tender. 0-10 % ;

3 . The rates used for converting into units of (e) when wholly milled, percentage of wholly milled account those offers made in national currencies shall rice grains which are not of unimpaired quality : be : — chalky grains : 5 % , — the central rate in cases where the relevant — spotted grains : 1-5% , currency is held at any given moment within a — yellow grains : 0-05 % , band of 2-25 % , — amber grains : 0-20 % . — in other cases, the average spot exchange rate during the period from Wednesday of one week to Rice not meeting these requirements shall be refused . Tuesday of the following week and which immedi­ ately precedes the time limit for the submission of offers . Article 7

1 . The Italian intervention agency shall be respon­ Article 4 sible for the operations relating to the invitation to The contract shall be awarded to the tenderer offering tender provided for by this Regulation . the best terms . 2 . It shall forthwith communicate to the Commis­ However, if the tenders submitted do not appear to sion the list of firms which have responded to the invi­ correspond to normal market prices and costs, the tation to tender, specifying the terms of each tender, intervention agency may cancel the invitation to together with the name and business name of the tender. successful tenderer.

No L 144/ 20 Official Journal of the European Communities 11 . 6 . 77

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

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

Done at Brussels, 10 June 1977.

For the Commission

Guido BRUNNER

Member of the Commission