31977R1594

No L 177/ 12 Official Journal of the European Communities 16 . 7 . 77

COMMISSION REGULATION (EEC) No 1594/77 of 15 July 1977 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the Republic of Gambia

THE COMMISSION OF THE EUROPEAN tions arising by virtue of participation in the invita­ COMMUNITIES, tion to tender for supplies to the Republic of Gambia 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 in ques­ tion ; Havig regard to Council Regulation (EEC) No 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 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 Whereas on 25 March 1976 the Council of the Euro­ No 129 on the value of the unit of account and the pean Communities declared that it proposed, by way exchange rates to be applied for the purposes of the of Community action, to grant the equivalent of 1 500 common agricultural policy (3), as last amended by tonnes of husked rice (in other words, 1 035 tonnes of Regulation (EEC) No 2543/73 (4), and in particular milled long grain rice) to the Republic of Gambia Article 3 thereof ; under its 1975/76 food-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 in the ship's hold HAS ADOPTED THIS REGULATION : at the port of unloading ;

Whereas in view of the different monetary circum­ Article 1 stances in the Member States, the observation of these conditions is not guaranteed by the application of 1 . Tenders are hereby invited for the supply to the exchange rates applicable in the framework of the Republic of Gambia, by way of Community food-aid common agricultural policy since monetary compensa­ action, of 1 035 tonnes of milled long grain rice. tory amounts do not apply in the rice sector ; whereas it is advisable to take account of the monetary situa­ 2. The tendering procedure shall take place in Italy tion as regards different offers ; in one lot. The product shall be mobilized on the Community market. The products shall be loaded for Whereas the award under the invitation to tender departure from any Community port. must be made to the tenderer offering the best terms ; 3. The invitation to tender provided for in para­ Whereas, should force majeure make it impossible to graph 1 is for supply of products delivered in the complete the operation in question within the time ship's hold at the port of unloading (Banjul). limits specified, it must be made clear who is to bear the liability for any resulting costs ; The recipient country shall bear all costs subsequent to delivery of the goods, including unloading costs Whereas provision should be made for security to be (such as unstowing, hoisting and reception) and any given for the purpose of guaranteeing that the obliga­ lighterage costs .

(') 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 . C) OJ No L 263, 19. 9 . 1973, p. 1 .

16 . 7 . 77 Official Journal of the European Communities No L 177/ 13

4. The successful tenderer shall deliver the product intended to guarantee that the operations specified in specified in paragraph 1 in new jute sacks of a net Article 1 are duly completed. The security shall be capacity of 50 kilograms, forfeit if those operations are not carried out within the prescribed time limit, save as regards quantities Minimum weight of the sacks be 600 grams. The not delivered owing to force majeure. following shall be printed on the sacks : 'Milled rice / Gift of the European Economic Commu­ 2. The security provided for in paragraph 1 may be nity / For free distribution '. given in the form of a cash deposit or of a guarantee issued by a credit institution conforming to the To allow for the possibility of re-bagging, the criteria laid down by the Member State. successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the Article 6 goods but with the printing followed by a capital letter ' R'. 1 . The milled long grain rice referred to in Article 1 to be supplied to the Republic of Gambia must Article 2 meet the following requirements : — moisture : 1 5 % ; 1 . The decision on tenders received in response to — broken rice : 5 % maximum ; the invitation provided for in Article 1 shall be taken on 25 July 1977 . — chalky grains : 5 % maximum ; — grains striated with red : 3 % maximum ; 2. The closing date for the submission of tenders — spotted grains : 1 -5 % maximum ; shall be 25 July 1977 at 12 noon . — stained grains : 1 % maximum ; 3 . The notice of invitation to tender shall be — yellow grains : 0-050 % maximum ; published in the Official Journal of the European — amber grains : 0-20 % maximum . Communities, not less than nine days before the Rice not meeting these requirements shall be refused. closing date for the submission of tenders . 2. Tenders for supply to the Republic of Gambia of Article 3 the milled long grain rice referred to in Article 1 must relate to a product with the following characteristics : 1 . The prices offered must be expressed in the — moisture : 1 5 % ; currency of the Member State in which the invitation to tender was issued . — broken rice : 5 % maximum ; — chalky grains : 5 % maximum ; 2. For the purpose of rendering the tenders compar­ — grains striated with red : 3 % maximum ; able, the prices shall , where appropriate, be corrected — spotted grains : 1 -5 % maximum ; by the accession compensatory amount applicable on — stained grains : 1 % maximum ; the closing date for submission of tenders to exports — yellow grains : 0-050 % maximum ; from the Member State mentioned in the tender . — amber grains : 0-20 % maximum . 3 . The rates used for converting into units of account those offers made in national currencies shall Article 7 be : 1 . The Italian intervention agency shall be respon­ — the central rate in cases where the relevant sible for the operations relating to the invitation to currency is held at any given moment within a tender provided for by this Regulation . band of 2-25 % , 2 . It shall forthwith communicate to the Commis­ — in other cases, the average spot exchange rate sion the list of firms which have responded to the invi­ during the period from Wednesday of one week to tation to tender, specifying the terms of each tender Tuesday of the following week and which immedi­ together with the name and business name of the ately precedes the time limit for the submission of successful tenderer. tenders . 3 . Where the customs export formalities for the Article 4 mobilized product are completed in a Member State other than that in which the invitation to tender is The contract shall be awarded to the tenderer offering issued , the intervention agency of the latter Member the best terms . State shall be responsible for the operations following However, if the tenders submitted do not appear to tendering, including payment to the successful reflect normal market prices and costs, the interven­ tenderer . tion agency may cancel the invitation to tender. In such case , the intervention agency choosing the Article 5 successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and 1 . The successful tenderer shall give security of a shall supply it with all the information which it may value of 10 units of account per tonne ; the security is require .

No L 177/ 14 Official Journal of the European Communities 16 . 7 . 77

Furthermore, the amount of the successful tender 5. When the intervention agency responsible for shall be paid after it has been converted using the the operations relating to tendering is not the interven­ average of the spot rates referred to in the second tion agency which appoints the successful tenderer, it subparagraph of Article 3 (2) to the tenderer in the shall send as soon as possible to the latter the informa­ currency of the Member State in which the operations tion necessary for releasing the security. relating to the tendering are completed .

4. The intervention agency shall ask that the Article 8 tenderer specifies the following information : As regards this tender the intervention agency is auth­ (a) after each shipment, a statement giving details of orized to make an initial payment of 80 % of the the quantities loaded, the quality of the products value of the quantity given in the bill of lading, on and their packaging ; presentation of that document and subject to the (b) the date of the departure of the ships ; the taking of a security for an amount equal to the initial expected date of arrival of the products at their payment. destination ; (c) all possible contingencies which might occur Article 9 during transportation of the products.

The intervention agency shall transmit the informa­ This Regulation shall enter into force on the day of its tion provided for to the Commission as soon as it is publication in the Official Journal of the European received . Communities.

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

Done at Brussels, 15 July 1977.

For the Commission

Finn GUNDELACH Vice-President