31977R1316

21 . 6 . 77 No L 152/ 5 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1316/77 of 20 June 1977 opening an invitation to tender (or the mobilization of round grain semi-milled rice as food aid for the International Committee of the Red Cross

THE COMMISSION OF THE EUROPEAN whereas provision should be made for security to be COMMUNITIES, given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ tion to tender for supplies to the International Having regard to the Treaty establishing the European Committee of the Red Cross will be fulfilled ; Economic Community,

Whereas the Italian intervention agency should be Having regard to Council Regulation (EEC) No made responsible for the tendering procedure ; 1418/76 of 21 June 1976 on the common organiza­ tion of the market in rice ('), Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to Council Regulation (EEC) No and of those accepted by the intervention agency ; 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (2), and in particular Article 6 thereof, Whereas the Monetary Committee will be consulted ; whereas, in view of the urgency, the measures envis­ aged should be adopted in accordance with the condi­ Whereas on 8 February 1977 the Council of the Euro­ tions laid down in Article 3 (2) of Council Regulation pean Communities declared that it proposed, by way No 129 (3) on the value of the unit of account and the of Community action, to grant the equivalent of 512 exchange rates to be applied for the purposes of the tonnes of husked rice (in other words, 422 tonnes of common agricultural policy, as last amended by Regu­ round grain semi-milled rice) to the International lation (EEC) No 2543/73 (4), and in particular Article Committee of the Red Cross under its 1976/77 food­ 3 thereof ; aid programme ;

Whereas the measures provided for in this Regulation Whereas pursuant to Article 3 (3) of Council Regula­ are in accordance with the opinion of the Manage­ tion (EEC) No 2750/75 the goods may be purchased ment Committee for Cereals, anywhere on the Community market ;

Whereas the proposed invitation to tender should be for supply of the products delivered Ashdod that is at HAS ADOPTED THIS REGULATION : the moment when the goods are actually placed on the dock or in the lighter where applicable ;

Article 1 Whereas in view of the different monetary circum­ stances in the Member States, the observation of these conditions is not guaranteed by the application of 1 . Tenders are herby invited for the supply to the exchange rates applicable in the framework of the International Committee of the Red Cross, by way of common agricultural policy since monetary compensa­ Community action, of 422 tonnes of round grain tory amounts do not apply in the rice sector ; whereas semi-milled rice . it is advisable to take account of the monetary situa­ tion as regards different offers ; 2. The tendering procedure shall take place in Italy in one lot. The product shall be mobilized on the Whereas the award under the invitation to tender Community market. The product shall be loaded for must be made to the tenderer offering the best terms ; departure from any 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 Ashdod limits specified, it must be made clear who is to bear that is at the moment when the goods are actually the liability for any Resulting costs ; placed on the dock or in the lighter where applicable.

(■) OJ No L 166, 25 . 6 . 1976, p . 1 . (>) OJ No 106, 30 . 10 . 1962, p . 2553 /62. (2) OJ No L 281 , 1 . 11 . 1975, p. 89 . (4) OJ No L 263 , 19 . 9 . 1973, p. 1 .

No L 152/6 Official Journal of the European Communities 21 . 6 . 77

4. The successful tenderer shall deliver the product Article 5 specified in paragraph 1 in new jute sacks lined with cotton 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 On the sacks shall be printed a red cross, 1 5 cm by 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 'Rice — Gift of the European Economic Community/ Action of the International Committee of the Red the prescribed time limit, save as regards quantities 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 goods but with the printing followed by a capital criteria laid down by the Member State. letter ' R'.

Article 6 Article 2 1 . The round grain semi-milled rice referred to in 1 . The decision on tenders received in response to Article 1 to be supplied to the International the invitation provided for in Article 1 shall be taken Committee of the Red Cross must meet the following on 4 July 1977. requirements : 2. The closing date for the submission of tenders — moisture : 15% , shall be 4 July 1977, at 12 noon . — "broken rice : 5 % maximum , 3 . The notice of invitation to tender shall be — chalky grains : 5 % maximum, published in the Official Journal of the European — grains striated with red : 3 % maximum, Communities not less than nine days before the closing date for the submission of tenders. — spotted grains : 1 -5 % maximum, — stained grains : 1 % maximum, Article 3 — yellow grains : 0-050 % maximum, 1 . The prices offered must be expressed in the — amber grains : 0-20 % maximum . currency of the Member State in which the invitation to tender was issued . Rice not meeting these requirements shall be refused .

2. For the purpose of rendering the tenders compar­ 2. Tenders for supply to the International able, the prices shall , where appropriate, be corrected Committee of the Red Cross of the round grain semi­ milled rice referred to in Article 1 must relate to a by the accession compensatory amount applicable on the closing date for submission of tenders to exports product with the following characteristics : from the Member State mentioned in the tender . — moisture : 15% , 3 . The rates used for converting into units of — broken rice : 5 % maximum , account those offers made in national currencies shall — chalky grains : 5 % maximum, be : — grains striated with red : 3 % maximum, — the central rate in cases where the relevant — spotted grains : 1-5% maximum, currency is held at any given moment within a band of 2-25 % , — stained grains : 1 % maximum, — in other cases the average spot exchange rate — yellow grains : 0-050 % maximum, during the period from Wednesday of one week to — amber grains : 0-20 % maximum . 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 tender provided for by this Regulation . The contract shall be awarded to the tenderer offering 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.

21 . 6 . 77 Official Journal of the European Communities No L 152/7

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 Communities. and their packaging ;

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

Done at Brussels, 20 June 1977.

For the Commission

Finn GUNDELACH

Vice-President