31978R0385

No L 54/ 8 25 . 2 . 78 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 385 /78 of 24 February 1978 opening an invitation to tender for the mobilization of round grain semi-milled rice as food aid for the United Nations High Commission for Refugees

THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES, given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ; Having regard to the Treaty establishing the European Economic Community, Whereas the Italian intervention agency should be made responsible for the tendering procedure ; 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 (J ), 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 ;

Whereas the Monetary Committee will be consulted ; Having regard to Council Regulation (EEC) No whereas, in view of the urgency, the measures envis­ 2750/75 of 29 October 1975 laying down the condi­ aged should be adopted in accordance with the condi­ tions for the mobilization of cereals as food aid (3), and tions laid down in Article 3 (2) of Council Regulation in particular Article 6 thereof, No 129 (4 ) on the value of the unit of account and the exchange rates to be applied for the purposes of the Whereas on 8 February 1977 the Council of the Euro­ common agricultural policy, as last amended by Regu­ pean Communities declared that it proposed, by way lation ( EEC) No 2543 / 73 (5 ), and in particular Article of Community action, to grant the equivalent of 2 500 3 thereof ; tonnes of husked rice (in other words, 2 070 tonnes of round grain semi-milled rice) to the United Nations Whereas the measures provided for in this Regulation High Commission for Refugees under its 1976/77 are in accordance with the opinion of the Manage­ 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 Vientiane via Article 1 Bangkok ;

Whereas, in view of the different monetary circum­ 1 . Tenders are herby invited for the supply to the stances in the Member States, the observation of these United Nations High Commission for Refugees, by way of Community action , of 2 070 tonnes of round conditions is not guaranteed by the application of grain semi-milled rice . exchange rates applicable in the framework of the common agricultural policy since monetary compensa­ tory amounts do not apply in the rice sector ; whereas 2. The tendering procedure shall take place in Italy it is advisable to take account of the monetary situa­ in one lot. The product shall be mobilized on the tion as regards different offers ; Community market. The product shall be loaded for departure from any Community port. Whereas the award under the invitation to tender must be made to the tenderer offering the best terms ; 3 . The invitation to tender provided for in para­ graph 1 is for supply of the products delivered to Vientiane via Bangkok . 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 lined with cotton sacks of a net capacity of 50 kilograms. (') 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 .

25 . 2. 78 Official Journal of the European Communities Nd L 54/ 9

The following shall be printed on the sacks : intended to guarantee that the operations specified in 'Riz semi-blanchi / Don de la Communauté écono­ Article 1 are duly completed . The security shall be forfeit if those operations are not carried out within mique européenne / Action humanitaire de l'UNHCR au Laos'. the prescribed time limit, save as regards quantities not delivered owing to force majeure. To allow for the possibility of re-bagging, the 2. The security provided for in paragraph 1 may be > successful tenderer shall supply 2 % of new empty given in the form of a cash deposit or of a guarantee sacks, of the same quality as those containing the issued by a credit institution conforming to the goods but with the printing followed by a capital letter 'R\ criteria laid down by the Member State .

Article 6 Article 2 1 . The round grain semi-milled rice referred to in 1 . The decision on tenders received in response to Article 1 to be supplied to the United Nations High the invitation provided for in Article 1 shall be taken on 13 March 1978 . Commission for Refugees must meet the following requirements : 2. The closing date for the submission of tenders — moisture : 15 % , shall be 13 March 1978 at 12 noon . — broken rice : 10 % maximum , i 3 . The notice of invitation to tender shall be — chalky grains : 5 % maximum, t published in the Official Journal of the European — grains striated with red : 3 % maximum , Communities not less than nine days before the — spotted grains : 1.5 % maximum , closing date for the submission of tenders. — stained grains : 1 % maximum , Article 3 — yellow grains : 0.050 % maximum , — amber grains : 0.20 % maximum . 1 . The prices offered must be expressed in the currency of the Member State in which the invitation Rice not meeting these requirements shall be refused . to tender was issued . 2. Tenders for supply to the United Nations High 2. For the purpose of rendering the tenders compar­ Commission for Refugees of the round grain semi­ milled rice referred to in Article 1 must relate to a able, the prices shall, where appropriate, be corrected by the accession compensatory amount applicable on product with the following characteristics : the closing date for submission of tenders to exports — moisture : 15 % , from the Member State mentioned in the tender. — broken rice : 10 % maximum , 3. The rates used for converting into units of — chalky grains : 5 % maximum, account those offers made in national currencies shall — grains striated with red : 3 % maximum, be : — spotted grains : 1.5 % maximum , — the central rate in cases where the relevant — stained grains : 1 % maximum, currency is held at any given moment within a — yellow grains : 0.050 % maximum, band of 2-25 % , — amber grains : 0-20 % maximum . — in other cases the average spot exchange rate during the period from Wednesday of one week to Article 7 Tuesday of the following week and which immedi­ ately precedes the time limit for the submission of 1 . The Italian intervention agency shall be respon­ offers . sible for the operations relating to the invitation to tender provided for by this Regulation . Article 4 2 . It shall forthwith communicate to the Commis­ The contract shall be awarded to the tenderer offering sion the list of firms which have responded to the invi­ » the best terms . tation to tender, specifying the terms of each tender, together with the name and business name of the However, if the tenders submitted do not appear to successful tenderer. correspond to normal market prices and costs, the intervention agency may cancel the invitation to 3. Where the customs export formalities for the tender. mobilized product are completed in a Member State other than that in which the invitation to tender is Article 5 issued, the intervention agency of the latter Member State shall be responsible for the operations following 1 . The successful tenderer shall give security of a tendering, including payment to the successful value of 10 units of account per tonne ; the security is tenderer.

No L 54/ 10 25 . 2. 78 Official Journal of the European Communities

In such case, the intervention agency choosing the The intervention agency shall transmit the informa­ successful tenderer shall immediately inform the inter­ tion provided to the Commission as soon as it is vention agency of the Member State concerned and received . shall supply it with all the information which it may 5. When the intervention agency responsible for require . the operations relating to tendering is not the interven­ Furthermore, the amount of the successful tender tion agency which appoints the successful tenderer, it shall be paid after it has been converted using the shall send as soon as possible to the latter the informa­ average of the spot rates referred to in the second tion necessary for releasing the security. subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations Article 8 relating to the tendering are completed . As regards this tender, the intervention agency is auth­ 4. The intervention agency shall ask that the orized to make an initial payment of 80 % of the tenderer specifies the following information : value of the quantity given in the bill of lading, on presentation of that document and subject to the (a) after each shipment, a statement giving details of taking of a security for an amount equal to the initial the quantities loaded, the quality of the products payment. and their packaging ; (b) the date of the departure of the ships ; the Article 9 expected date of arrival of the products at their destination ; This Regulation shall enter into force on the day of its (c) all possible contingencies which might occur publication in the Official Journal of the European Communities. during transportation of the products.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 24 February 1978 .

For the Commission

Finn GUNDELACH

Vice-President