31977R1749

30 . 7 . 77 Official Journal of the European Communities No L 191 / 55

COMMISSION REGULATION (EEC) No 1749/77 of 29 July 1977 opening an invitation to tender for the mobilization of long grain milled rice as food aid for the Comoros

THE COMMISSION OF THE EUROPEAN Whereas the Italian intervention agency should be COMMUNITIES , made responsible for the tendering procedure ;

Whereas the Commission must be informed quickly Having regard to the Treaty establishing the European 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 Whereas the Monetary Committee will be consulted ; 1418 /76 of 21 June 1976 on the common organiza­ whereas, in view of the urgency, the measures envis­ tion of the market in rice ( 5 ), 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 Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the con­ exchange rates to be applied for the purposes of the ditions for the mobilization of cereals as food aid (2), common agricultural policy (3), as last amended by and in particular Article 6 thereof, Regulation (EEC) No 2543/73 (4), and in particular Article 3 thereof ;

Whereas on 8 February 1977 the Council of the Euro­ Whereas the measures provided for in this Regulation pean Communities declared that it proposed, by way are in accordance with the opinion of the Manage­ of Community action, to grant the equivalent of 2 500 ment Committee for Cereals, tonnes of husked rice (in other words 2 140 tonnes of long grain milled rice) to the Comoros under its 1975/76 and 1976/77 food-aid programme ;

HAS ADOPTED THIS REGULATION : Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ; Article 1 Whereas the proposed invitation to tender should be for supply of the products delivered in the ship's hold 1 . Tenders are hereby invited for supply to the at the port of unloading ; Comoros, by way of Community action, of 2 140 tonnes of long grain milled rice.

Whereas in view of the different monetary circum­ 2. The tendering procedure shall take place in Italy stances in the Member States, the observation of these in two lots. The product shall be mobilized on the conditions is not guaranteed by the application of Community market. The product shall be loaded for exchange rates applicable in the framework of the departure from any Community port. common agricultural policy since monetary compensa­ tory amounts do not apply in the rice sector ; whereas it is advisable to take account of the monetary situa­ 3 . The invitation to tender provided for in para­ tion as regards different offers ; graph 1 is for supply of products delivered in the ship's hold at the port of unloading (Moroni : 1 240 tonnes ; Mutsamudu : 900 tonnes). The recipient Whereas the award under the invitation to tender country shall bear all costs subsequent to delivery of must be made to the tenderer offering the best terms ; the goods, including unloading costs (such as unstowing, hoisting and reception) and any lighterage costs . Whereas provision should be made for security to be given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ 4. The successful tenderer shall deliver the product tion to tender for supplies to the Comoros will be specified in paragraph 1 in new jute sacks of a net fulfilled ; 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 . (4) OJ No L 263 , 19 . 9 . 1973 , p. 1 .

No L 191 /56 Official Journal of the European Communities 30 . 7 . 77

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 the prescribed time limit, save as regards quantities ' Riz / Don de la Communauté économique euro­ not delivered owing to force majeure. péenne aux îles Comores'. 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 long grain milled rice referred to in Article 1 . The decision on tenders received in response to 1 to be supplied to the Comoros must meet the the invitation provided for in Article 1 shall be taken following requirements : on 22 August 1977. — moisture : 15 % , — broken rice : 35 % maximum , 2. The closing date for the submission of tenders — chalky grains : 5 % maximum, shall be 22 August 1977 at 12 noon . — grains striated with red : 3 % maximum, 3 . The notice of invitation to tender shall be — spotted grains : 1-5% maximum, published in the Official Journal of the European — stained grains : 1 % maximum, Communities not less than six days before the closing — yellow grains : 0 050 % maximum, date for the submission of tenders . — amber grains : 0-20 % maximum.

Article 3 Rice not meeting these requirements shall be refused.

2. Tenders for supply to the Comoros of the long 1 . The prices offered must be expressed in the grain milled rice referred to in Article 1 must relate to currency of the Member State in which the invitation to tender was issued . a product with the following characteristics : — moisture : 15% , 2. For the purpose of rendering the tenders compar­ — broken rice : 35 % maximum, able, the prices shall, where appropriate, be corrected — chalky grains : 5 % maximum, by the accession compensatory amount applicable on — grains striated with red : 3 % maximum, the closing date for submission of tenders to exports — spotted grains : 1 -5 % maximum, from the Member State mentioned in the tender. — 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 — amber grains : 0-20 % maximum. be : — the central rate in cases where the relevant Article 7 currency is held at any given moment within a 1 . The Italian intervention agency shall be respon­ band of 2-25 % , 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 successful tenderer . Article 4 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 .

30 . 7. 77 Official Journal of the European Communities No L 191 / 57

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 (3) 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 : (a) after each shipment, a statement giving details of As regards this tender the intervention agency is auth­ the quantities loaded, the quality of the products orized to make an initial payment of 80 % of the and their packaging ; value of the quantity given in the bill of lading, on 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 destination ; payment. (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, 29 July 1977.

For the Commission Finn GUNDELACH Vice-President