31977R1369
No L 156 / 24 Official Journal of the European Communities 25 . 6 . 77
COMMISSION REGULATION ( EEC) No 1369/ 77 of 24 June 1977 opening an invitation to tender for the mobilization of round grain milled rice as food aid for the Democratic Republic of Sao Tome and Principe
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 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 8 February 1977 the Council of the Euro exchange rates to be applied for the purposes of the pean Communities declared that it proposed, by way common agricultural policy (3), as last amended by of Community action , to grant the equivalent of 449 Regulation ( EEC) No 2543/73 (4), and in particular tonnes of husked rice (in other words , 348 tonnes of Article 3 thereof ; round grain milled rice) to the Democratic Republic of Sao Tome and Principe under its 1976/77 food-aid Whereas the measures provided for in this Regulation programme ; are in accordance with the opinion of the Manage ment Committee for Cereals, Whereas pursuant to Article 3 (3) of Council Regula tion ( EEC) No 2750 /75 the goods may be purchased anywhere on the Community market ; HAS ADOPTED THIS REGULATION : Whereas the proposed invitation to tender ihould be for supply of the products to the dock or in the Article 1 lighter where applicable at the port of unloading ;
1 . Tenders are hereby invited for the supply to the Whereas in view of the different monetary circum Democratic Republic of Sao Tome and Principe by stances in the Member States , the observation of these way of Community action , of 348 tonnes of round conditions is not guaranteed by the application of grain milled rice . 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 it is advisable to take account of the monetary situa in one lot . The product shall be mobilized on the tion as regards different offers ; Community market . The product shall be loaded for departure from any Community port.
Whereas the award under the invitation to tender 3 . The invitation to tender provided for in para must be made to the tenderer offering the best terms ; graph 1 is for supply of products to the dock, or in the lighter where applicable at the port of unloading. Whereas, should force majeure make it impossible to complete the operation in question within the time 4. The successful tenderer shall deliver the product limits specified , it must be made clear who is to bear specified in paragraph 1 in new jute sacks of a net the liability for any resulting costs ; capacity of 50 kilograms .
(') OJ No L 166, 25 . 6 . 1976, p . 1 . (3 ) OJ No 106, 30 . 10 . 1962, p . 2.553/62 . (2 ) OJ No L 281 , 1 . 1 1 . 1975, p . 89 . (4 ) OJ No L 263 , 19 . 9 . 1973 , p . 1 .
25 . 6 . 77 Official Journal of the European Communities No L 156/ 25
Minimum weight of the sacks shall be 600 grams . The Article 1 are duly completed. The security shall be following shall be printed on the sacks : forfeit if those operations are not carried out within 'Arroz — Dom da Comunidade economica europeia a the prescribed time limit, save as regards quantities not delivered owing to force majeure. Republica democratica de Sâo Tomé e Principe'. 2. The security provided for in paragraph 1 may be To allow for the possibility of re-bagging, the given in the form of a cash deposit or of a guarantee successful tenderer shall supply 2 % of new empty issued by a credit institution conforming to the sacks, of the same quality as those containing 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 to be supplied to Sao Tome and Principe must meet 1 . The decision on tenders received in response to the following requirements : the invitation provided for in Article 1 shall be taken — moisture : 15 /o , on 11 July 1977 . — broken rice : 5 % maximum , 2. The closing date for the submission of tenders — chalky grains : 5 % maximum , shall be on 11 July 1977 at 12 noon . — grains striated with red : 3 % maximum, — spotted grains : 1-5% maximum , 3 . The notice of invitation to tender shall be — stained grains : 1 % maximum, published in the Official Journal of the European — yellow grains : 0-050 % maximum , Communities not less than nine days before the — amber grains : 0 20 % maximum . closing date for the submission of tenders.
Rice not meeting these requirements shall be refused . Article 3 2. Tenders for supply to Sao Tome and Principe of 1 . The prices offered must be expressed in the the round grain milled rice referred to in Article 1 currency of the Member State in which the invitation must relate to a product with the following characteris to tender was issued . tics : 2. For the purpose of rendering the tenders compar — moisture : 15% , able, the prices shall, where appropriate, be corrected — broken rice : 5 % maximum , by the accession compensatory amount applicable on — chalky grains : 5 % maximum , the closing date for submission of tenders to exports — grains striated with red : 3 % maximum, from the Member State mentioned in the tender. — spotted grains : 1 -5 % maximum , — stained grains : 1 % maximum , 3 . The rates used for converting into units of — yellow grains : 0-050 % maximum , account those offers made in national currencies shall be : — amber grains : 0-20 % maximum .
— the central rate in cases where the relevant Article 7 currency is held at any given moment within a band of 2-25 % , 1 . The Italian intervention agency shall be repon sible for the operations relating to the invitation to — in other cases the average spot exchange rate tender provided for by this Regulation . during the period from Wednesday of one week to Tuesday of the following week and which immedi 2 . It shall forthwith communicate to the Commis ately precedes the time limit for the submission of sion the list of firms which have responded to the invi tenders . tation to tender, specifying the terms of each tender, together with the name and business name of the Article 4 successful tenderer.
The contract shall be awarded to the tenderer offering 3 . Where the customs export formalities for the the best terms . mobilized product are completed in a Member State other than that in which the invitation to tender is However, if the tenders submitted do not appear to issued, the intervention agency of the latter Member correspond to normal market prices and costs, the State shall be responsible for the operations following intervention agency may cancel the invitation to tendering, including payment to the successful tender . tenderer .
Article 5 In such case , the intervention agency choosing the successful tenderer shall immediately inform the inter 1 . The successful tenderer shall give security of a vention agency of the Member State concerned and value of 10 units of account per tonne ; the security is shall supply it with all the information which it may intended to guarantee that the operations specified in require .
No L 156 / 26 Official Journal of the European Communities 25 . 6 . 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 (3) 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, 24 June 1977 .
For the Commission
Guido BRUNNER S Member of the Commission
ANNEX
Number of lot Port of unloading Minimum rate of unloading Tonnage cif
1 Sao Tome Customs of the port 348