31978R1203

L 147/ 12 3 . 6 . 78 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1203/ 78

of 2 June 1978

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

HE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be IMMUNITIES , given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ tion to tender will be fulfilled ; iaving 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 last amended by Regu­ Whereas the Commission must be informed quickly lation ( EEC) No 11 26/78 (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 8 February 1977 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, 1 162 tonnes of Regulation (EEC) No 2543/73 (5), and in particular round grain milled rice) to the Republic of Liberia Article 3 thereof ; under its 1976/77 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 tenders should be invited for the supply of HAS ADOPTED THIS REGULATION : the product to the port of shipment in the vicinity of the vessel, the goods to be set down at the place nomi­ nated by the r« Jpient or its agent ; Article 1 Whereas, in view of the different monetary circum­ stances in the Member States, the observation of these 1 . Tenders are hereby invited for the supply to the conditions is not guaranteed by the application of Republic of Liberia, by way of Community food-aid exchange rates applicable in the framework of the action , of 1 162 tonnes of round grain milled rice. 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 three lots. The product shall be mobilized on the tion as regards different offers ; Community market. Loading shall be carried out in a Community port. Whereas the award under the invitation to tender must ^e made to the tenderer offering the best terms ; 3 . The product referred to in paragraph 1 is to be delivered in new jute sacks of a net capacity of 50 kilo­ grams to the port of shipment in the vicinity of the Whereas , should force majeure make it impossible to vessel . The goods must be set down at the place nomi­ complete the operation in question within the time nated by the recipient country or its agent, the timing limits specified , it must be made clear who is to bear the liability for any resulting costs ; of delivery being settled by the tenderer and the recip­ ient country's agent.

(!) OJ No L 166, 25 . 6 . 1976, p. 1 . (2 ) OJ No L 142, 30 . 5 . 1978 , p. 23 . (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 .

3 . 6 . 78 Official Journal of the European Communities No L 147/ 13

Minimum weight of the sacks shall be 600 grams. The availability of the vessels to be used for sea transporta­ following shall be printed on the sacks : tion, the resulting costs shall be borne by the interven­ tion agency. 'Rice/Gift of the European Economic Community to Liberia/ For free distribution '. Article 6 To allow for the possibility of re-bagging the successful tenderer shall supply 2 % of new empty 1 . The successful tenderer shall give security of f sacks, of the same quality as those containing the value of 10 units of account per tonne ; the security is goods but with the printing followed by a capital intended to guarantee that the operations specified in letter 'R\ Article 1 are duly completed . The security shall be forfeit if those operations are not carried out within the prescribed time limit, save as regards quantities Article 2 not delivered owing to force majeure.

1 . The decision on tenders received in response to 2. The security provided for in paragraph 1 may be the invitation provided for in Article 1 shall be taken given in the form of a cash deposit or of a guarantee on 19 June 1978 . issued by a credit institution conforming to the criteria laid down by the Member State . 2. The closing date for the submission of tenders shall be 19 June 1978 at 12 noon .

A rticle 7 3 . The notice of invitation to tender shall be published in the Official Journal of the European 1 . The round grain milled rice referred to in Article Communities not less than nine days before the 1 to be supplied to the Republic of Liberia must meet closing date for the submission of tenders. the following requirements :

— moisture : 15 % , Article 3 — broken rice : 5 % maximum , — chalky grains : 5 % maximum, 1 . The prices offered must be expressed in the — grains striated with red : 3 % maximum, currency of the Member State in which the invitation to tender was issued . — spotted grains : 1 -5 % maximum , — stained grains : 1 % maximum , — yellow grains : 0-050 % maximum, 2. The rates used for converting into units of account those offers made in national currencies shall — amber grains : 0-20 % maximum .

be : Rice not meeting these requirements shall be refused . — the central rate in cases where the relevant currency is held at any given moment within a 2. Tenders for supply to the Republic of Liberia of band of 2-25 % , the round grain milled rice referred to in Article 1 must relate to a product with the following characteris­ — in other cases, the average spot exchange rate tics : during the period from Wednesday of one week to Tuesday of the following week and which immedi­ — moisture : 15 % , ately precedes the time limit for the submission of — broken rice : 5 % maximum , tenders . — chalky grains : 5 % maximum, — grains striated with red : 3 % maximum, Article 4 — spotted grains : 1 -5 % maximum, — stained grains : 1 % maximum, — yellow grains : 0-050 % maximum, The contract shall be awarded to the tenderer offering the best terms . — amber grains : 0-20 % maximum .

Article 8 However, if the tenders submitted do not appear to correspond to normal market prices and costs, the intervention agency may cancel the invitation to 1 . The Italian intervention agency shall be respon­ tender. sible for the operations relating to the invitation to tender provided for by this Regulation .

Article 5 2 . It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ If the tenderer is unable to deliver the goods in tation to tender, specifying the terms of each tender, compliance with Article 1 (3) on the date given in the together with the name and business name of the notice of invitation to tender as a result of the late successful tenderer.

No L 147/ 14 Official Journal of the European Communities 3 . 6 . 78

3 . Where the customs export formalities for the (b) the date of departure of the vessels. mobilized product are completed in a Member State The information indicated above shall be forwarded other than that in which the invitation to tender is by the intervention agency to the Commission imme­ issued, the intervention agency of the latter Member diately upon receipt. State shall be responsible for the operations following tendering, including payment to the successful 5. When the intervention agency responsible for tenderer. the operations relating to tendering is not the interven­ 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 9 require . On delivery of the goods at the port of shipment, a Furthermore, the amount of the successful tender handing-over certificate shall be supplied to the shall be paid after it has been converted using the successful tenderer, acting as agent for the Commu­ average of the spot rates referred to in the second nity, by the agent of the recipient country or, in the subparagraph of Article 3 (2) to the tenderer in the absence of the latter, by the intervention agency of the currency of the Member State in which the operations Member State in whose territory the port of shipment relating to the tendering are completed. is situated . 4. The intervention agency shall request the Article 10 successful tenderer to supply the following informa­ tion : This Regulation shall enter into force on the day of its (a) after each shipment, a certificate showing the quan­ publication in the Official Journal of the European tities dispatched and the quality of the products ; Communities.

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

Done at Brussels, 2 June 1978 .

For the Commission

Finn GUNDELACH

Vice-President