31978R0513
No L 69 / 14 11 . 3 . 78 Official Journal of the European Communities
COMMISSION REGULATION ( EEC) No 513 / 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 Whereas the Commission must be informed quickly 1418 /76 of 21 June 1976 on the common organiza of the tenders submitted in response to the invitation tion of the market in rice ('), as amended by Regula and of those accepted by the intervention agency ; tion ( EEC) No 1 1 58 /77 (2),
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 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 (4), as last amended by pean Communities declared that it proposed, by way Regulation ( EEC) No 2543/73 (5), and in particular of Community action , to grant 1 250 tonnes of Article 3 thereof ; husked long grain rice to the United Nations High Commission for Refugees under its 1976/77 food-aid Whereas the measures provided for in this Regulation programme ; are in accordance with the opinion of the Manage 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 Boma and Matadi, that is at the moment when the goods are actually Article 1 placed on the dock or in the lighter where applicable ; 1 . Tenders are hereby invited for the supply to the Whereas in view of the different monetary circum United Nations High Commission for Refugees, by stances in the Member States, the observation of these way of Community food-aid action , of 1 250 tonnes of conditions is not guaranteed by the application of husked long grain 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 two lots of 625 tonnes each . it is advisable to take account of the monetary situa tion as regards different offers ; The products shall be mobilized on the Community market . Whereas the award under the invitation to tender must be made to the tenderer offering the best terms ; Shipment shall be from a 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 graph 1 is for supply of products delivered Boma and limits specified , it must be made clear who is to bear Matadi, that is at the moment when the goods are actu the liability for any resulting costs ; ally placed on the dock or in the lighter where appli cable . (>) 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 . 3 . 78 No L 69 / 15 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 au Zaïre / À value of 10 units of account per tonne ; the security is 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 'R'. 2. The security provided for in paragraph 1 may be given in the form of a cash deposit or of a guarantee Article 2 issued by a credit institution conforming to the 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 on 28 March 1978 . Article 6
2. The closing date for the submission of tenders 1 . The husked long grain rice referred to in Article shall be 28 March 1978 at 12 noon . 1 to be supplied to the United Nations High Commis sion for Refugees must meet the following require 3 . The notice of invitation to tender shall be ments : published in the Official Journal of the European Communities, not less than nine days before the (a) rice, free of odour, of a sound and fair marketable closing date for the submission of tenders . quality ;
(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 currency of the Member State in which the invitation — paddy grains : 1 % , to tender was issued . — broken rice : 5 % , — green grains or grains showing natural malfor 2. For the purpose of rendering the tenders compar able, the prices shall, where appropriate, be corrected mation : 5 % (including up to 0-5 % of red by the accession compensatory amount applicable on grains) ; the closing date for submission of tenders to exports (d) tolerance of extraneous matter, consisting of : from the Member State 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 — amber grains : 0.20 % . offers . 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 .
No L 69 / 16 11 . 3 . 78 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 tt iuicr, 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 (3) 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 and their packaging ; Communities.
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