31978R0336

18 . 2 . 78 Official Journal of the European Communities No L 47/29

COMMISSION REGULATION ( EEC) No 336/ 78

of 17 February 1978

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

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 ('), as amended by Regula­ Whereas the Monetary Committee will be consulted ; tion (EEC) No 11 58 /77 (2 ), whereas, in view of the urgency, the measures envis­ aged should be adopted in accordance with the condi­ Having regard to Council Regulation (EEC) No tions laid down in Article 3 (2) of Council Regulation 2750 /75 of 29 October 1975 laying down the condi­ No 129 on the value of the unit of account and the tions for the mobilization of cereals as food aid (3 ), and exchange rates to be applied for the purposes of the in particular Article 6 thereof, common agricultural policy (4), as last amended by Whereas on 25 March 1976 the Council of the Euro­ Regulation ( EEC) No 2543 / 73 (5 ), and in particular Article 3 thereof ; pean Communities declared that it proposed, by way of Community action , to grant the equivalent of 1 500 Whereas the measures provided for in this Regulation tonnes of husked rice (in other words 1 164 tonnes of are in accordance with the opinion of the Manage­ long grain milled rice) to the Republic of Chad under ment Committee for Cereals , its 1975/76 food-aid programme ;

Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased HAS ADOPTED THIS REGULATION : anywhere on the Community market ;

Whereas the proposed invitation to tender should be for supply of the products delivered to N'Djamena ; 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 Chad , by way of Community food-aid conditions is not guaranteed by the application of action , of 1 164 tonnes of long grain milled 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 product shall be loaded for tion as regards different offers ; departure from any Community port .

Whereas the awards 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 N'Djamena . Whereas, should force majeure make it impossible to complete the operation in question within the time limits specified , it must be made clear who is to bear 4. The successful tenderer shall deliver the product the liability for any resulting costs ; specified in paragraph 1 in new jute sacks of a net capacity of 50 kilograms . Whereas provision should be made for security to be given for the purpose of guaranteeing that the obliga­ Minimum weight of the sacks shall be 600 grams . The tions arising by virtue of participation in the invita­ following shall be printed on the sacks : tion to tender for supplies to the Republic of Chad will be fulfilled ; Riz blanchi / Don de la Communauté économique européenne à la République du Tchad '. (') OJ No L 166, 25 . 6 . 1976 , p . 1 . (-') 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 .

No L 47/30 18 . 2 . 78 Official Journal of the European Communities

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 long grain milled rice referred to in Article Article 2 1 to be supplied to the Republic of Chad must meet the following requirements : 1 . The decision on tenders received in response to — moisture : 15% , the invitation provided for in Article 1 shall be taken on 6 March 1978 . — broken rice : 20 % maximum , — chalky grains : 5 % maximum , 2. The closing date for the submission of tenders — grains striated with red : 3 % maximum , shall be 6 March 1978 at 12 noon . — spotted grains : 1 -5 % 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 .

Article 3 2. Tenders for supply to the Republic of Chad of the long grain milled rice referred to in Article 1 must 1 . The prices offered must be expressed in the relate to a product with the following characteristics : currency of the Member State in which the invitation — moisture : 15% , to tender was issued . — broken rice : 20 % 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 tenders . together with the name and business name of the 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 However, if the tenders submitted do not appear to State shall be responsible for the operations following reflect normal market prices and costs, the interven­ tendering, including payment to the successful 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 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 .

18 . 2 . 78 Official Journal of the European Communities No L 47/ 31

4. The intervention agency shall request the tion agency which appoints the successful tenderer, it successful tenderer to supply the following informa­ shall send as soon as possible to the latter the informa-, tion : tion necessary for releasing the security.

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

The information indicated above shall be forwarded Article 9 by the intervention agency to the Commission imme­ diately upon receipt. 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 , 17 February 1978 .

For the Commission

Finn GUNDELACH

Vice-President