31978R1242

10 . 6. 78 Official Journal of the European Communities No L 154/9

COMMISSION REGULATION (EEC) No 1242/78

of 8 June 1978

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

THE COMMISSION OF THE EUROPEAN tion to tender for supplies to the Republic of Cape COMMUNITIES, Verde will be fulfilled ;

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

Having regard to Council Regulation (EEC) No Whereas the Commission must be informed quickly 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 (•), as last amended by Regu­ lation (EEC) No 1 1 26/78 (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 3 500 tonnes of husked rice (in other words, 2 712 tonnes of Whereas the measures provided for in this Regulation round grain milled rice) to the Republic of Cape are in accordance with the opinion of the Manage­ Verde under its 1977/78 food-aid programme ; 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 for Article 1 supply of the products to the dock or in the lighter where applicable at the port of unloading ; 1 . Tenders are hereby invited for the supply to the Republic of Cape Verde, by way of Community Whereas in view of the different monetary circum­ action, of 2 712 tonnes of round grain milled rice. stances in the Member States, the observation of these conditions is not guaranteed by the application of 2. The tendering procedure shall take place in Italy exchange rates applicable in the framework of the in two lots. The product shall be mobilized on the common agricultural policy since monetary compensa­ Community market. The product shall be loaded for tory amounts do not apply in the rice sector ; whereas departure from any Community port. it is advisable to take account of the monetary situa­ tion as regards different offers ; 3 . The invitation to tender provided for in para­ graph 1 is for supply of products to the dock, or in Whereas the award under the invitation to tender the lighter where applicable in one of the ports of must be made to the tenderer offering the best terms ; unloading listed in the Annex hereto.

Whereas, should force majeure make it impossible to 4. The successful tenderer shall deliver the product complete the operation in question within the time specified in paragraph 1 in new jute sacks of a net limits specified, it must be made clear who is to bear capacity of 50 kilograms. the liability for any resulting costs ; Minimum weight of the sacks shall be 600 grams. The Whereas provision should be made for security to be following shall be printed on the sacks : given for the purpose of guaranteeing that the obliga­ Arroz blanqueado / Dom da Comunidade Economica tions arising by virtue of participation in the invita­ Europeia.'

0 ) 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. Q) OJ No L 281 , 1 . 11 . 1975, p. 89 . (5) OJ No L 263, 19 . 9 . 1973, p. 1 .

No L 154/ 10 10 . 6. 78 Official Journal of the European Communities

Article 6 To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the 1 . The round grain milled rice referred to in Article goods but with the printing followed by a capital 1 to be supplied to the Republic of Cape Verde 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 26 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 26 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 Cape Communities not less than nine days before the Verde of the round grain milled rice referred to in closing date for the submission of tenders. Article 1 must relate to a product with the following characteristics : Article 3 — moisture : 1 5 % ; 1 . The prices offered must be expressed in the — broken rice : 5 % maximum ; currency of the Member State in which the invitation — chalky grains : 5 % maximum ; to tender was issued . — grains striated with red : 3 % maximum ; — spotted grains : 1 -5 % maximum ; 2. The rates used for converting into units of — stained grains : 1 % maximum ; account those offers made in national currencies shall — yellow grains : 0-050 % maximum ; be : — amber grains : 0-20 % maximum. — the central rate in cases where the relevant currency is held at any given moment within a Article 7 band of 2-25 % , — in other cases, the average spot exchange rate 1 . The Italian intervention agency shall be respon­ during the period from Wednesday of one week to sible for the operations relating to the invitation to Tuesday of the following week and which immedi­ tender provided for by this Regulation. ately precedes the time limit for the submission of tenders . 2 . It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ Article 4 tation to tender, specifying (he terms of each tender together with the name and business name of the successful tenderer. The contract shall be awarded to the tenderer offering the best terms . 3. Where the customs export formalities for the However, if the tenders submitted do not appear to mobilized product are completed in a Member State correspond to normal market prices and costs, the other than that in which the invitation to tender is intervention agency may cancel the invitation to issued, the intervention agency of the latter Member tender. State shall be responsible for the operations following tendering, including payment , to the successful tenderer. Article 5

1 . The successful tenderer shall give security of a In such case, the intervention agency choosing the value of 10 units of account per tonne ; the security is successful tenderer shall immediately inform the inter­ intended to guarantee that the operations specified in vention agency of the Member State concerned and Article 1 are duly completed. The security shall be shall supply it with all the information which it may forfeit if those operations are not carried out within require. the prescribed time limit, save as regards quantities Furthermore, the amount of the successful tender not delivered owing to force majeure. shall be paid after it has been converted using the 2. The security provided for in paragraph 1 may be average of the spot rates referred to in the second given in the form of a cash deposit or of a guarantee subparagraph of Article 3 (2) to the tenderer in the issued by a credit institution conforming to the currency of the Member State in which the operations criteria laid down by the Member State. relating to the tendering are completed.

10 . 6 . 78 No L 154/ 11 Official Journal of the European Communities

4. The intervention agency shall ask that the tion agency which appoints the successful tenderer, it tenderer specifies the following information : shall send as soon as possible to the latter the informa­ tion necessary for releasing the security. (a) after each shipment, a statement giving details of the quantities loaded, the quality of the products Article 8 and their packaging ; (b) the date of the departure of the ships ; the As regards this tender, the intervention agency is auth­ orized to make an initial payment of 80 % of the expected date of arrival of the products at their destination ; value of the quantity given in the bill of lading, on presentation of that document and subject to the (c) all possible contingencies which might occur taking of a security for an amount equal to the initial during transportation of the products. payment. The intervention agency shall transmit the informa­ tion provided for to the Commission as soon as it is Article 9 received . This Regulation shall enter into force on the day of its 5 . When the intervention agency responsible for publication in the Official Journal of the European Communities. the operations relating to tendering is not the interven­

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

Done at Brussels, 8 June 1978 .

For the Commission

Finn GUNDELACH

Vice-President

ANNEX

Number Port of unloading Minimum rate of unloading Tonnage cif of lot

1 Mindelo 1 080 2 Praia 1 632 | Customs of the port