31978R0512

11 . 3 . 78 No L 69 / 11 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 512/78 of 10 March 1978 opening an invitation to tender for the mobilization of husked long grain 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 (!), 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 1 250 tonnes of Regulation (EEC) No 2543/73 (5), and in particular husked long grain rice to the United Nations High Article 3 thereof ; Commission for Refugees 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 for supply of the products delivered Lobito, that is at HAS ADOPTED THIS REGULATION : the moment when the goods are actually placed on the dock or in the lighter where applicable ;

Article 1 Whereas in view of the different monetary circum­ 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 United Nations High Commission for Refugees, by common agricultural policy since monetary compensa­ way of Community food-aid action, of 1 250 tonnes of tory amounts do not apply in the rice sector ; whereas husked long grain rice. it is advisable to take account of the monetary situa­ tion as regards different offers ; 2. The tendering procedure shall take place in Italy in one lot. The product shall be mobilized on the Whereas the award under the invitation to tender Community market. The product shall be loaded for must be made to the tenderer offering the best terms ; departure from any Community port.

Whereas, should force majeure make it impossible to 3 . The invitation to tender provided for in para­ complete the operation in question within the time limits specified it must be made clear who is to bear graph 1 is for supply of products delivered Lobito, the liability for any resulting costs ; that is at the moment when the goods are actually placed on the dock or in the lighter where applicable. (!) 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 .

No L 69/ 12 11 . 3 . 78 Official Journal of the European Communities

4. The successful tenderer shall deliver the product intervention agency may cancel the invitation to specified in paragraph 1 in new jute sacks of a net tender. capacity of 50 kilograms.

Minimum weight of the sacks shall be 600 grams. The Article 5 following shall be printed on the sacks : 1 . The successful tenderer shall give security of a Riz / Don de la CEE / Action UNHCR en Angola / value of 10 units of account per tonne ; the security is À distribuer gratuitement'. intended to guarantee that the operations specified in Article 1 are duly completed. The security shall be To allow for the possibility of re-bagging, the forfeit if those operations are not carried out within successful tenderer shall supply 2 % of new empty the prescribed time limit, save as regards quantities sacks, of the same quality as those containing the not delivered owing to force majeure. goods but with the printing followed by a capital letter 4R\ 2. The security provided for in paragraph 1 may be given in the form of a cash deposit or of a guarantee issued by a credit institution conforming to the Article 2 criteria laid down by the Member State. 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken Article 6 on 28 March 1978 . 1 . The husked long grain rice referred to in Article 2. The closing date for the submission of tenders 1 to be supplied to the United Nations High Commis­ shall be 28 March 1978 at 12 noon . sion for Refugees must meet the following require­ ments : 3 . The notice of invitation to tender shall be published in the Official Journal of the European (a) rice, free of odour, of a sound and fair marketable Communities, not less than nine days before the quality ; closing date for the submission of tenders. (b) moisture content : 1 5 % ;

Article 3 (c) percentage of rice grains which are not of unim­ paired quality : 1 . The prices offered must be expressed in the — paddy grains : 1 % , currency of the Member State in which the invitation to tender was issued . — broken rice : 5 % , — green grains or grains showing natural malfor­ 2. For the purpose of rendering the tenders compar­ mation : 5 % (including up to 0-5 % of red able, the prices shall, where appropriate, be corrected grains) ; by the accession compensatory amount applicable on the closing date for submission of tenders to exports (d) tolerance of extraneous matter, consisting of : from the Member States mentioned in the tender. — mineral or vegetable inedible substances 3. The rates used for converting into units of provided that they are not toxic : 0-01 % , account those offers made in national currencies shall — extraneous grains or parts thereof, edible : be : 0-10 % ; — the central rate in cases where the relevant (e) when wholly milled, percentage of wholly milled currency is held at any given moment within a rice grains which are not of unimpaired quality : band of 2-25 % , — chalky grains : 5 % , — in other cases, the average spot exchange rate during the period from Wednesday of one week to — spotted grains : 1-5 % , Tuesday of the following week and which immedi­ — yellow grains : 0-05 % , ately precedes the time limit for the submission of offers . — amber grains : 0-20 % .

Rice not meeting these requirements shall be refused. Article 4

Article 7 The contract shall be awarded to the tenderer offering the best terms . 1 . The Italian intervention agency shall be respon­ However, if the tenders submitted do not appear to sible for the operations relating to the invitation to correspond to normal market prices and costs, the tender provided for by this Regulation.

11 . 3 . 78 No L 69 / 13 Official Journal of the European Communities

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 other than that in which the invitation to tender is tion provided for to the Commission as soon as it 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 In such case, the intervention agency choosing the shall send as soon as possible to the latter the informa­ successful tenderer shall immediately inform the inter­ tion necessary for releasing the security. vention agency of the Member State concerned and shall supply it with all the information which it may Article 8 require. Furthermore, the amount of the successful tender As regard this tender, the intervention agency is autho­ shall be paid after it has been converted using the rized to make an initial payment of 80 % of the value average of the spot rates referred to in the second of the quantity given in the bill of lading on presenta­ subparagraph of Article 3 (3) to the tenderer in the tion of that document and subject to the taking of a currency of the Member State in which the operations security for an amount equal to the initial 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 Com munities. and their packaging ;

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

Done at Brussels, 10 March 1978 .

For the Commission

Finn GUNDELACH Vice-President