31978R1108

27 . 5 . 78 Official Journal of the European Communities No L 140 / 11

COMMISSION REGULATION ( EEC) No 1108 /78

of 26 May 1978

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

THE COMMISSION OF THE EUROPEAN tions arising by virtue of participation in the invita­ COMMUNITIES , tion to tender for supplies to the Republic of Gambia will be fulfilled ; Having regard to the Treaty establishing the European Economic Community, Whereas the Italian intervention agency should be made responsible for the tendering procedure in ques­ Having regard to Council Regulation ( EEC) No tion ; 1418 /76 of 21 June 1976 on the common organiza­ tion of the market in rice ( ! ), as amended by Regula­ Whereas the Commission must be informed quickly tion ( EEC) No 709 /78 (2), of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to Council Regulation ( EEC) No 2750/75 of 29 October 1975 laying down the condi­ Whereas the Monetary Committee will be consulted ; tions for the mobilization of cereals as food aid (3), and whereas, in view of the urgency, the measures envis­ in particular Article 6 thereof, aged should be adopted in accordance with the condi­ tions laid down in Article 3 (2) of Council Regulation Whereas on 30 January 1978 the Council of the Euro­ No 129 on the value of the unit of account and the pean Communities declared that it proposed, by way exchange rates to be applied for the purposes of the of Community action, to grant the equivalent of 1 500 common agricultural policy (4), as last amended by tonnes of husked rice (in other words , 1 035 tonnes of Regulation (EEC) No 2543/73 (5), and in particular milled long grain rice) to the Republic of Gambia Article 3 thereof ; under its 1977/78 food-aid programme ;

Whereas the measures provided for in this Regulation Whereas pursuant to Article 3 (3) of Council Regula­ are in accordance with the opinion of the Manage­ tion (EEC) No 2750/75 the goods may be purchased ment Committee for Cereals , anywhere on the Community market ;

Whereas the proposed invitation to tender should be for supply of the products delivered in the ship's hold HAS ADOPTED THIS REGULATION : at the port of unloading ;

Whereas, in view of the different monetary circum­ stances in the Member States , the observation of these Article 1 conditions is not guaranteed by the application of exchange rates applicable in the framework of the 1 . Tenders are hereby invited for the supply to the common agricultural policy since monetary compensa­ Republic of Gambia, by way of Community food-aid tory amounts do not apply in the rice sector ; whereas action, of 1 035 tonnes of milled long grain rice. it is advisable to take account of the |nonetary 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 products 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 graph 1 is for supply of products delivered in the limits specified , it must be made clear who is to bear ship's hold at the port of unloading (Banjul). the liability for any resulting costs ;

Whereas provision should be made for security to be The recipient country shall bear all costs (such as unstowing, hoisting and reception) and any lighterage given for the purpose of guaranteeing that the obliga­ costs . (') 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. P ) OJ No L 281 , 1 . 11 . 1975, p. 89 . (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .

No L 140/ 12 27 . 5 . 78 Official Journal of the European Communities

4. The successful tenderer shall deliver the product forfeit if those operations are not carried out within specified in paragraph 1 in new jute sacks of a net the prescribed time limit, save as regards quantities capacity of 50 kilograms. not delivered owing to force majeure.

Minimum weight of the sacks shall be 600 grams. The 2. The security provided for in paragraph 1 may be following shall be printed on the sacks : given in the form of a cash deposit or of a guarantee issued by a credit institution conforming to the 'Milled rice / Gift of the European Economic Commu­ criteria laid down by the Member State . nity / For free distribution'.

To allow for the possibility of re-bagging, the Article 6 successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the 1 . The milled long grain rice referred to in Article goods but with the printing followed by a capital 1 to be supplied to the Republic of Gambia must letter 'R'. meet the following requirements :

— moisture : 1 5 % ; Article 2 — broken rice : 5 % maximum ; — chalky grains : 5 % maximum ; 1 . The decision on tenders received in response to — grains striated with red : 3 % maximum ; the invitation provided for in Article 1 shall be taken — spotted grains : 1 -5 % maximum ; on 12 June 1978 . — stained grains : 1 % maximum ; — yellow grains : 0-050 % maximum ; 2. The closing date for the submission of tenders — amber grains : 0-20 % maximum . shall be 12 June 1978 at 12 noon .

3 . The notice of invitation to tender shall be Rice not meeting these requirements shall be refused. published in the Official Journal of the European 2. Tenders for supply to the Republic of Gambia of Communities, not less than nine days before the the milled long grain rice referred to in Article 1 must closing date for the submission of tenders . relate to a product with the following characteristics :

— moisture : 1 5 % ; Article 3 — broken rice : 5 % maximum ; 1 . The prices offered must be expressed in the — chalky grains : 5 % maximum ; currency of the Member State in which the invitation — grains striated with red : 3 % maximum ; to tender was issued . — spotted grains : 1-5 % maximum ; — stained grains : 1 % maximum ; 2. The rates used for converting into units of — yellow grains : 0-050 % maximum ; account those offers made in national currencies shall — amber grains : 0-20 % maximum . be :

— the central rate in cases where the relevant Article 7 currency is held at any given moment within a band of 2-25 % , 1 . The Italian intervention agency shall be respon­ sible for the operations relating to the invitation to — in other cases, the average spot exchange rate tender provided for by this Regulation . during the period from Wednesday of one week to Tuesday of the following week and which immedi­ 2 . It shall forthwith communicate to the Commis­ ately precedes the time limit for the submission of sion the list of firms which have responded to the invi­ tenders . tation to tender, specifying the terms of each tender together with the name and business name of the Article 4 successful tenderer.

The contract shall be awarded to the tenderer offering 3 . "Where the customs export formalities for the the best terms . mobilized product are completed in a Member State other than that in which the invitation to tender is However, if the tenders submitted do not appear to issued, the intervention agency of the latter Member reflect normal market prices and costs, the interven­ State shall be responsible for the operations following tion agency may cancel the invitation to tender. tendering, including payment to the successful ten­ derer. Article 5 In such case, the intervention agency choosing the 1 . The successful tenderer shall give security of a successful tenderer shall immediately inform the inter­ value of 10 units of account per tonne ; the security is vention agency of the Member State concerned and intended to guarantee that the operations specified in shall supply it with all the information which it may Article 1 are duly completed . The security shall be require .

27 . 5 . 78 Official Journal of the European Communities No L 140 / 13

Furthermore, the amount of the successful tender 5. When the intervention agency responsible for shall be paid after it has been converted using the the operations relating to tendering is not the interven­ average of the spot rates referred to in the second tion agency which appoints the successful tenderer, it subparagraph of Article 3 (2) to the tenderer in the shall send as soon as possible to the latter the informa­ currency of the Member State in which the operations tion necessary for releasing the security. relating to the tendering are completed.

4. The intervention agency shall ask that the Article 8 tenderer specifies the following information : As regards this tender the intervention agency is auth­ (a) after each shipment, a statement giving details of orized to make an initial payment of 80 % of the the quantities loaded, the quality of the products value of the quantity given in the bill of lading, on and their packaging ; presentation of that document and subject to the (b) the date of the departure of the ships ; the taking of a security for an amount equal to the initial expected date of arrival of the products at their payment. destination ; (c) all possible contingencies which might occur Article 9 during transportation of the products .

The intervention agency shall transmit the informa­ This Regulation shall enter into force on the day of its tion provided for to the Commission as soon as it is publication in the Official Journal of the European received . Communities.

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