31977R1751
No L 191 / 62 Official Journal of the European Communities 30 . 7 . 77
COMMISSION REGULATION ( EEC) No 1751 / 77 of 29 July 1977 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the Republic of Upper Volta
THE COMMISSION OF THE EUROPEAN Whereas the Italian intervention agency should be COMMUNITIES, made responsible for the tendering procedure in ques tion ; Having regard to the Treaty establishing the European Economic Community, 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 ; 1418 /76 of 21 June 1976 on the common organiza tion of the market in rice ('), Whereas the Monetary Committee will be consulted ; whereas, in view of the urgency, the measures envis Having regard to Council Regulation (EEC) No aged should be adopted in accordance with the condi 2750/75 of 29 October 1975 laying down the condi tions laid down in Article 3 (2) of Council Regulation tions for the mobilization of cereals as food aid (2 ), and No 129 on the value of the unit of account and the in particular Article 6 thereof, exchange rates to be applied for the purposes of the common agricultural policy (3 ), as last amended by Whereas on 25 March 1976 the Council of the Euro Regulation (EEC) No 2543/73 (4), and in particular pean Communities declared that it proposed, by way Article 3 thereof ; of Community action, to grant the equivalent of 1 000 tonnes of husked rice (in other words , 827 tonnes of Whereas the measures provided for in this Regulation milled long grain rice) to the Republic of Upper Volta are in accordance with the opinion of the Manage under its 1975/76 food-aid programme ; 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 should be for supply of the products delivered to Ouagadougou ; Article 1
Whereas in view of the different monetary circum 1 . Tenders are hereby invited for the supply to the stances in the Member States, the observation of these Republic of Upper Volta by way of Community food conditions is not guaranteed by the application of aid action , of 827 tonnes of milled long grain 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 in one lot. The product shall be mobilized on the it is advisable to take account of the monetary situa Community market . The products shall be loaded for tion as regards different offers ; 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 the products delivered to Ouagadougou . 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.
Whereas provision should be made for security to be Minimum weight of the sacks shall be 600 grams . The given for the purpose of guaranteeing that the obliga following shall be printed on the sacks : tions arising by virtue of participation in the invita tion to tender for supplies to the Republic of Upper 'Riz / Don de la Communauté Économique Euro Volta will be fulfilled ; péenne à la Haute Volta'.
(') OJ No L 166 , 25 . 6 . 1976 , p . 1 . 0 ) OJ No 106 , 30 . 10 . 1962, p . 2553/62 . (2 ) OJ No L 281 , 1 . 11 . 1975 , p . 89 . O OJ No L 263 , 19 . 9 . 1973 , p . 1 .
30 . 7 . 77 Official Journal of the European Communities No L 191 /63
To allow for the possibility of re-bagging, the issued by a credit institution conforming to the successful tenderer shall supply 2 % of new empty criteria laid down by the Member State . sacks, of the same quality as those containing the goods but with the printing followed by a capital Article 6 letter ' R\ 1 . The milled long grain rice referred to in Article Article 2 1 to be supplied to the Republic of Upper Volta must meet the following requirements : 1 . The decision on tenders received in response to — moisture : 1 5 % ; the invitation provided for in Article 1 shall be taken — broken rice : 30 % maximum ; on 22 August 1977. — chalky grains : 5 % maximum ; -— grains striated with red : 3 % maximum ; 2. The closing date for the submission of tenders shall be 22 August 1977 at 12 noon . ■— spotted grains : 1 S % maximum ; — 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 closing date for the submission of tenders. Rice not meeting these requirements shall be refused. 2. Tenders for supply to the Republic of Upper Article 3 Volta of the milled long grain rice referred to in Article 1 must relate to a product with the following 1 . The prices offered must be expressed in the characteristics : currency of the Member State in which the invitation to tender was issued . — moisture : 1 5 /o ; — broken rice : 30 % maximum ; 2. For the purpose of rendering the tenders compar — chalky grains : 5 % maximum ; able, the prices shall, where appropriate, be corrected — grains striated with red : 3 % maximum ; by the accession compensatory amount applicable on — spotted grains : 1 -5 % maximum ; the closing date for submission of tenders to exports — stained grains : 1 % maximum ; from the Member State mentioned in the tender. — yellow grains : 0-050 % maximum ; — amber grains : 0-20 % maximum . 3 . The rates used for converting into units of account those offers made in national currencies shall be : Article 7 — the central rate in cases where the relevant 1 . The Italian intervention agency shall be respon currency is held at any given moment within a sible for the operations relating to the invitation to band of 2-25 % , tender provided for by this Regulation . — in other cases, the average spot exchange rate 2 . It shall forthwith communicate to the Commis during the period from Wednesday of one week to sion the list of firms which have responded to the invi Tuesday of the following week and which immedi tation to tender, specifying the terms of each tender ately precedes the time limit for the submission of together with the name and business name of the tenders . successful tenderer.
Article 4 3 . Where the customs export formalities for the mobilized product are completed in a Member State The contract shall be awarded to the tenderer offering other than that in which the invitation to tender is the best terms . issued, the intervention agency of the latter Member 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. 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. Article 1 are duly completed . The security shall be Furthermore , the amount of the successful tender forfeit if those operations are not carried out within shall be paid after it has been converted using the the prescribed time limit, save as regards quantities average of the spot rates referred to in the second not delivered owing to force majeure. subparagraph of Article 3 (2) to the tenderer in the 2. The security provided for in paragraph 1 may be currency of the Member State in which the operations given in the form of a cash deposit or of a guarantee relating to the tendering are completed .
No L 191 / 64 Official Journal of the European Communities 30 . 7 . 77
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 Article 8 and their packaging ; (b) the date of the departure of the ships ; the As regards this tender the intervention agency is auth expected date of arrival of the products at their orized to make an initial payment of 80 % of the destination ; value of the quantity given in the bill of lading, on (c) all possible contingencies which might occur presentation of that document and subject to the during transportation of the products . taking of a security for an amount equal to the initial payment. The intervention agency shall transmit the informa tion provided for to the Commission as soon as it is Article 9 received . This Regulation shall enter into force on the day of its 5. When the intervention agency responsible for publication in the Official Journal of the European the operations relating to tendering is not the interven 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