31978R1107

No L 140 /8 27 . 5 . 78 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1107 / 78 of 26 May 1978 opening an invitation to tender for the mobilization of round grain milled rice as food aid for the International Committee of the Red Cross

THE COMMISSION OF THE EUROPEAN tion to tender for supplies to the International COMMUNITIES , Committee of the Red Cross will be fulfilled ;

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

Whereas the Commission must be informed quickly Having regard to Council Regulation ( EEC) No of the tenders submitted in response to the invitation 1418/76 of 21 June 1976 on the common organiza­ and of those accepted by the intervention agency ; tion of the market in rice ( 5 ), as amended by Regula­ tion (EEC) No 709 /78 (2), Whereas the Monetary Committee will be consulted ; whereas, in view of the urgency, the measures envis­ Having regard to Council Regulation ( EEC) No aged should be adopted in accordance with the condi­ 2750/75 of 29 October 1975 laying down the condi­ tions laid down in Article 3 (2) of Council Regulation tions for the mobilization of cereals as food aid (3 ), and No 129 on the value of the unit of account and the in particular Article 6 thereof, exchange rates to be applied for the purposes of the common agricultural policy (4), as last amended by Whereas on 30 January 1978 the Council of the Euro­ Regulation ( EEC) No 2543 /73 (5 ), and in particular pean Communities declared that it proposed, by way Article 3 thereof ; of Community action , to grant the equivalent of 2 040 tonnes of husked rice (in other words 1 581 tonnes of Whereas the measures provided for in this Regulation round grain milled rice) to the International are in accordance with the opinion of the Manage­ Committee of the Red Cross under its 1976/77 and ment Committee for Cereals, 1977/78 food-aid programmes ;

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

Whereas the proposed invitation to tender should be Article 1 for supply of the products to the dock or in the lighter where applicable at the port of unloading ; 1 . Tenders are hereby invited for supply to the International Committee of the Red Cross, by way of Whereas, in view of the different monetary circum­ Community action , of 1 581 tonnes of round grain stances in the Member States, the observation of these milled rice . conditions is not guaranteed by the application of exchange rates applicable in the framework of the 2. The tendering procedure shall take place in Italy common agricultural policy since monetary compensa­ in three lots . The product shall be mobilized on the tory amounts do not apply in the rice sector ; whereas Community market . The product shall be loaded for it is advisable to take account of the monetary situa­ departure from any Community port. tion as regards different offers ; 3 . The invitation to tender provided for in para­ Whereas the award under the invitation to tender graph 1 is for supply of products to the dock, or in must be made to the tenderer offering the best terms ; the lighter where applicable, in the port of Manila.

4 . The successful successful tenderer shall deliver Whereas provision should be made for security to be given for the purpose of guaranteeing that the obliga­ the product specified in paragraph 1 in new jute sacks tions arising by virtue of participation in the invita­ lined with cotton sacks of a net capacity of 50 kilo­ grams . (1 ) OJ No L 166, 25 . 6 . 1976, p. 1 . (2) OJ No L 94, 8 . 4. 1978 , p. 9 . (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 .

27 . 5 . 78 No L 140 /9 Official Journal of the European Communities

On the sacks shall be printed a red cross, 15 cm x 15 intended to guarantee that the operations specified in cm , as well as the following : Article 1 are duly completed . The security shall be forfeit if those operations are not carried out within 'Milled rice / Gift of the European Economic Commu­ the prescribed time limit, save as regards quantities nity / Action of the International Committee of the not delivered owing to force majeure. Red Cross / For free distribution .' 2. The security provided for in paragraph 1 may be To allow for the possibility of re-bagging, the given in the form of a cash deposit or of a guarantee successful tenderer shall supply 2 % of new empty issued by a credit institution conforming to the sacks, of the same quality as those containing the criteria laid down by the Member State . goods but with the printing followed by a capital letter ' R'.

Article 6 Article 2 1 . The round grain milled rice referred to in Article 1 . The decision on tenders received in response to 1 to be supplied to the International Committee of the invitation provided for in Article 1 shall be taken the Red Cross must meet the following requirements : on 12 June 1978 . — moisture : 1 5 % ; — broken rice : 5 % maximum ; 2. The closing date for the submission of tenders — chalky grains : 5 % maximum ; shall be 12 June 1978 at 12 noon . — grains striated with red : 3 % maximum , 3 . The notice of invitation to tender shall be — spotted grains : 1-5% maximum ; published in the Official Journal of the European — stained grains : 1 % maximum ; Communities not less than nine days before the — yellow grains : 0-050 % maximum ; closing date for the submission of tenders . — amber grains : 0-20 % maximum .

Rice not meeting these requirements shall be refused . Article 3 2. Tenders for supply to the International 1 . The prices offered must be expressed in the Committee of the Red Cross of the round grain currency of the Member State in which the invitation milled rice referred to in Article 1 must relate to a to tender was issued . product with the following characteristics :

2. The rates used for converting into units of — moisture : 1 5 % ; account those offers made in national currencies shall — broken rice : 5 % maximum ; be : — chalky grains : 5 % maximum ; — grains striated with red : 3 % maximum ; — the central rate in cases where the relevant — spotted grains : 1-5% maximum ; currency is held at any given moment within a — stained grains : 1 % maximum ; band of 2-25 % , — yellow grains : 0-050 % maximum ; — in other cases the average spot exchange rate — amber grains : 0-20 % maximum . during the period from Wednesday of one week to Tuesday of the following week and which immedi­ Article 7 ately precedes the time limit for the submission of tenders . 1 . The Italian intervention agency shall be respon­ 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 the best terms . sion the list of firms which have responded to the invi­ 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 tender. 3 . Where the customs export formalities for the 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 ten­ value of 10 units of account per tonne ; the security is derer .

No L 140 / 10 Official Journal of the European Communities 27 . 5 . 78

In such case, the intervention agency choosing the The intervention agency shall transmit the informa­ successful tenderer shall immediately inform the inter­ tion provided for 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 (2) 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 transpdrtation of the products .

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

Done at Brussels, 26 May 1978 .

For the Commission

Finn GUNDELACH Vice-President