31978R0235

4 . 2. 78 Official Journal of the European Communities No L 34/ 5

COMMISSION REGULATION ( EEC) No 235 / 78

of 3 February 1978

opening a new invitation to tender for the mobilization of round grain milled rice as food aid for Guinea Bissau

THE COMMISSION OF THE EUROPEAN Whereas, should force majeure make it impossible to COMMUNITIES, complete the operation in question within the time limits specified, it must be made clear who is to bear Having regard to the Treaty establishing the European the liability for any resulting costs ; Economic Community,

Whereas provision should be made for security to be Having regard to Council Regulation (EEC) No given for the purpose of guaranteeing that the obliga­ 1418/76 of 21 June 1976 on the common organiza­ tions arising by virtue of participation in the invita­ tion of the market in rice ('), as amended by Regula­ tion to tender for supplies to Guinea Bissau will be tion (EEC) No 1158/77 0, fulfilled ;

Having regard to Council Regulation (EEC) No Whereas the Italian intervention agency should be 2750/75 of 29 October 1975 laying down the condi­ made responsible for the tendering procedure in ques­ tions for the mobilization of cereals as food aid (3), and tion ; in particular Article 6 thereof,

Whereas on 25 March 1976 the Council of the Euro­ Whereas the Commission must be informed quickly pean Communities declared that it proposed, by way of the tenders submitted in response to the invitation of Community action, to grant the equivalent of 1 250 and of those accepted by the intervention agency ; tonnes of husked rice (in other words, 969 tonnes of round grain milled rice) to Guinea Bissau under its Whereas the Monetary Committee will be consulted ; 1975/76 food-aid programme ; whereas, in view of the urgency, the measures envis­ aged should be adopted in accordance with the condi­ Whereas pursuant to Article 3 (3) of Council Regula­ tions laid down in Article 3 (2) of Council Regulation tion (EEC) No 2750/75 the goods may be purchased No 129 on the value of the unit of account and the anywhere on the Community market ; exchange rates to be applied for the purposes of the common agricultural policy (5), as last amended by Whereas the successful tenderer appointed under Regulation (EEC) No 2543/73 (6), and in particular Commission Regulation (EEC) No 1593/77 of 15 July Article 3 thereof ; 1977 opening an invitation to tender for the mobiliza­ tion of round grain milled rice as food aid for Guinea Whereas the measures provided for in this Regulation Bissau (4), has not been able to carry out the execution are in accordance with the opinion of the Manage­ of this aid ; whereas it is necessary to open a new ment Committee for Cereals, tender ;

Whereas the proposed invitation to tender should be for supply of the products delivered in the ship's hold at the port of unloading ; HAS ADOPTED THIS REGULATION :

Whereas in view of the different monetary circum­ stances in the Member States, the observation of these Article 1 conditions is not guaranteed by the application of exchange rates applicable in the framework of the common agricultural policy since monetary compensa­ 1 . Tenders are hereby invited for the supply to tory amounts do not apply in the rice sector ; whereas Guinea Bissau, by way of Community food-aid action, it is advisable to take account of the monetary situa­ of 969 tonnes of round grain milled rice. tion as regards different offers ;

Whereas the award under the invitation to tender 2. The tendering procedure shall take place in Italy in one lot. The product shall be mobi,; zed on the must be made to the tenderer offering the best terms ; Community market. The product shall oe loaded for departure from any Community port. (■) OJ No L 166, 25 . 6 . 1976, p. 1 . 2) OJ No L 136, 2. 6 . 1977, p. 13 . (3) OJ No L 281 , 1 . 11 . 1975, p . 89 . (5 ) OJ No 106, 30 . 10 . 1962, p. 2553/62 . («) OJ No L 177, 16. 7. 1977, p . 9 . (0) OJ No L 263, 19 . 9 . 1973 , p . 1 .

No L 34 / 6 4. 2. 78 Official Journal of the European Communities

3. The invitation to tender provided for in para­ Article 4 graph 1 is for supply of products delivered in the ship's hold at the port of unloading (Bissau). The contract shall be awarded to the tenderer offering the best terms . The recipient country shall bear all costs subsequent to delivery of the goods, including unloading costs However, if the tenders submitted do not appear to (such as unstowing, hoisting and reception) and any reflect normal market prices and costs, the interven­ lighterage costs. tion agency may cancel the invitation to tender.

4. The successful tenderer shall deliver the product specified in paragraph 1 in new jute sacks of a net Article 5 capacity of 50 kilograms.

1 . The successful tenderer shall give security of a Minimum weight of the sacks shall be 600 grams. The value of 10 units of account per tonne ; the security is following shall be printed on the sacks : intended to guarantee that the operations specified in 'Arroz blanqueado / Dom da Comunidade economica Article 1 are duly completed. The security shall be europeia'. forfeit if those operations are not carried out within the prescribed time limit, save as regards quantities To allow for the possibility of re-bagging, the not delivered owing to force majeure. successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the 2. The security provided for in paragraph 1 may be goods but with the printing followed by a capital given in the form of a cash deposit or of a guarantee letter ' R'. issued by a credit institution conforming to the criteria laid down by the Member State.

Article2¶

Article 6 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken on 20 February 1978 . 1 . The round grain milled rice referred to in Article 1 to be supplied to Guinea Bissau must meet the 2. The closing date for the submission of tenders following requirements : shall be 20 February 1978 at 12 noon . — moisture : 1 5 % ; 3 . The notice of invitation to tender shall be — broken rice : 5 % maximum ; published in the Official Journal of the European — chalky grains : 5 % maximum ; Communities, not less than nine days before the — grains striated with red : 3 % maximum ; closing date for the submission of tenders. — spotted grains : 1 -5 % maximum ; — stained grains : 1 % maximum ; — yellow grains : 0.050 % maximum ; Article 3 — amber grains : 0.20 % maximum .

1 . The prices offered must be expressed in the Rice not meeting these requirements shall be refused. currency of the Member State in which the invitation to tender was issued . 2. Tenders for- supply to Guinea Bissau of the 2. For the purpose of rendering the tenders compar­ round grain milled rice referred to in Article 1 must able, the prices shall, where appropriate, be corrected relate to a product with the following characteristics : by the accession compensatory amount applicable on — moisture : 15% ; the closing date for submission of tenders to exports — broken rice : 5 % maximum ; from the Member State mentioned in the tender. — chalky grains : 5 % maximum ; — grains striated with red : 3% maximum ; 3. The rates used for converting into units of account those offers made in national currencies shall — spotted grains : 1 -5 % maximum ; be : — stained grains : 1 % maximum ; — yellow grains : 0.050 % maximum ; — the central rate in cases where the relevant — amber grains : 0.20 % maximum. currency is held at any given moment within a band of 2-25 % , Article 7 — in other cases, the average spot exchange rate during the period from Wednesday of one week to Tuesday of the following week and which immedi­ 1 . The Italian intervention agency shall be respon­ ately precedes the time limit for the submission of sible for the operations relating to the invitation to tenders . tender provided for by this Regulation .

4 . 2 . 78 Official Journal of the European Communities No L 34/7

2 . It shall forthwith communicate to the Commis­ (b) the date of the departure of the ships ; the sion the list of firms which have responded to the invi­ expected date " of arrival of the products at their tation to tender, specifying the terms of each tender destination ; together with the name and business name of the (c) all possible contingencies which might occur successful tenderer . during transportation of the products.

3 . Where the customs export formalities for the The intervention agency shall transmit the informa­ mobilized product are completed in a Member State tion provided for to the Commission as soon as it is other than that in which the invitation to tender is received . issued, the intervention agency of the latter Member State shall be responsible for the operations following 5. When the intervention agency responsible for tendering, including payment to the successful the operations relating to tendering is not the interven­ tenderer. tion agency which appoints the successful tenderer, it shall send as soon as possible to the latter the informa­ In such case, the intervention agency choosing the tion necessary for releasing the security. successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and shall supply it with all the information which it may Article 8 require . As regards this tender the intervention agency is auth­ Furthermore, the amount of the successful tender orized to make an initial payment of 80 % of the shall be paid after it has been converted using the value of the quantity given in the bill of lading, on average of the spot rates referred to in the second presentation of that document and subject to the subparagraph of Article 3 (2) to the tenderer in the taking of a security for an amount equal to the initial currency of the Member State in which the operations payment. relating to the tendering are completed .

4. The intervention agency shall ask that the Article 9 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, 3 February 1978 .

For the Commission

Finn GUNDELACH

Vice-President