31978R0275

No L 41 /8 11 . 2. 78 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 275/78

of 10 February 1978

opening an invitation to tender for the mobilization of long grain milled rice as food aid for the Republic of Lebanon

THE COMMISSION OF THE EUROPEAN tions arising by virtue of participation in the invita­ COMMUNITIES, tion to tender will be fulfilled ;

Having regard to the Treaty establishing the European Whereas the Italian intervention agency should be Economic Community, made responsible for the tendering procedure in ques­

tion ; 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 ('), as amended by Regula­ of the tenders submitted in response to the invitation tion (EEC) No 1158/77 (2), and of those accepted by the intervention agency ;

Having regard to Council Regulation (EEC) No Whereas the Monetary Committee will be consulted ; 2750/75 of 29 October 1975 laying down the condi­ whereas, in view of the urgency, the measures envis­ tions for the mobilization of cereals as food aid (3), and aged should be adopted in accordance with the condi­ in particular Article 6 thereof, 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 (4), as last amended by of Community action, to grant the equivalent of 2 899 Regulation (EEC) No 2543/73 (5), and in particular tonnes of husked rice (in other words, 2 000 tonnes of Article 3 thereof ; long grain milled rice) to the Republic of Lebanon under its 1976/77 food-aid programme ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Whereas pursuant to Article 3 (3) of Council Regula­ ment Committee for Cereals, tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ;

Whereas the proposed invitation to tender should be HAS ADOPTED THIS REGULATION : for supply of the products delivered in the ship's hold 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 Lebanon, by way of Community food-aid common agricultural policy since monetary compensa­ action, of 2 000 tonnes of long grain milled 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 (Beirut). 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 Whereas provision should be made for security to be to delivery of the goods, including unloading costs given for the purpose of guaranteeing that the obliga­ (such as unstowing, hoisting and reception) and any lighterage costs.

(>) OJ No L 166, 25. 6. 1976, p. 1 . (2) OJ No L 136, 2. 6. 1977, p. 13 . (4) OJ No 106, 30 . 10 . 1962, p. 2553/62. 3 OJ No L 281 , 1 . 11 . 1975, p. 89 . (5) OJ No L 263, 19 . 9 . 1973, p. 1 .

11 . 2. 78 Official Journal of the European Communities No L 41 /9

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 shall be 600 grams. The not delivered owing to force majeure. following shall be printed on the sacks : 2. The security provided for in paragraph 1 may be 'Riz blanchi long / Don de la CEE au Liban / Distri­ given in the form of a cash deposit or of a guarantee bution gratuite'. 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 long grain milled rice referred to in Article 1 to be supplied to the Republic of Lebanon 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 — chalky grains : 5 % maximum ; on 27 February 1978 . — grains striated with red : 3 % maximum ; 2. The closing date for the submission of tenders — spotted grains : 1 -5 % maximum ; shall be 27 February 1978 at 12 noon. — stained grains : 1 % maximum ; — yellow grains : 0-050 % maximum ; 3 . The notice of invitation to tender shall be — amber grains : 0-20 % maximum. published in the Official Journal of the European 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 Lebanon of the long grain milled rice referred to in Article 1 Article 3 must relate to a product with the following characteris­ tics : 1 . The prices offered must be expressed in the currency of the Member State in which the invitation — moisture : 1 5 % ; 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 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 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 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. In such case, the intervention agency choosing the Article 5 succcessful tenderer shall immediately inform the intervention agency of the Member State concerned 1 . The successful tenderer shall give security of a and shall supply it with all the information which it value of 10 units of account per tonne ; the security is may require.

No L 41 / 10 11 . 2 . 78 Official Journal of the European Communities

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, 10 February 1978 .

For the Commission

Finn GUNDELACH

Vice-President