31978R1595
8 . 7. 78 Official Journal of the European Communities No L 186/29
COMMISSION REGULATION (EEC) No 1595/78 of 7 July 1978 opening an invitation to tender for the mobilization of husked long grain rice as food aid for the International Committee of the Red Cross
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 1418/76 of 21 June 1976 on the common organiza Whereas the Commission must be informed quickly tion of the market in rice (J), as amended by Regula of the tenders submitted in response to the invitation tion (EEC) No 1260/78 (2), and of those accepted by the intervention agency ;
Whereas the Monetary Committee will be consulted ; Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi whereas, in view of the urgency, the measures envis tions for the mobilization of cereals as food aid (3), and saged should be adopted in accordance with the condi 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 30 January 1978 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 1 570 tonnes of Article 3 thereof ; husked long grain rice to the International Committee of the Red Cross under its 1976/77 and 1977/78 food Whereas the measures provided for in this Regulation aid programmes ; 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 H6 Chi Minh Ville, that is, at the moment when the goods are actu Article 1 ally placed on the dock, or in the lighter where appli cable ; 1 . Tenders are hereby invited for the supply to the International Committee of the Red Cross, by way of Whereas in view of the different monetary circum Community food-aid action, of 1 570 tonnes of stances in the Member States, the observation of these husked long grain rice. conditions is not guaranteed by the application of exchange rates applicable in the framework of the common agricultural policy since monetary compensa 2. The tendering procedure shall take place in Italy in one lot. tory amounts do not apply in the rice sector ; whereas 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 H6 Chi limits specified, it must be made clear who is to bear Minh-Ville that is at the moment when the goods are the liability for any resulting costs ; actually placed on the dock or in the lighter where applicable. o OJ No L 166, 25. 6. 1976, p. 1 . (2) OJ No L 156, 14. 6. 1978, p. 11 . («) OJ No 106, 30. 10. 1962, p. 2553/62. (3) OJ No L 281 , 1 . 11 . 1975, p. 89. (s) OJ No L 263, 19. 9. 1973, p. 1 .
No L 186/30 Official Journal of the European Communities 8 . 7. 78
4. The successful tenderer shall deliver the product Article 5 specified in paragraph 1 in new jute sacks of a net 1 . The successful tenderer shall give security of a capacity of 50 kilograms. value of 10 units of account per tonne. The security is Minimum weight of the sacks shall be 600 grams. The intended to guarantee that the operations specified in following shall be printed on the sacks : Article 1 are duly completed. The security shall be A red cross, 15 x 1 5 cm followed by : forfeit if those operations are not carried out within the prescribed time limit, save as regards quantities 'CICR / TF / K 78 / Riz décortiqué / Don de la not delivered owing to force majeure. Communauté économique européenne / Action du Comité international de la Croix-Rouge / À distribuer 2. The security provided for in paragraph 1 may be gratuitement / Hô Chi Minh-Ville'. given in the form of a cash deposit or of a guarantee issued by a credit institution conforming to the To allow for the possibility of re-bagging, the criteria laid down by the Member State. successful tenderer shall supply 2 % of new empty t sacks, of the same quality as those containing the goods but with the printing followed by a capital Article 6 letter *R\ 1 . The husked long grain rice referred to in Article Article 2 1 to be supplied to the International Committee of >the Red Cross must meet the following requirements : 1 . The decision on tenders received in response to (a) rice, free of odour, of a sound and fair marketable the invitation provided for in Article 1 shall be taken on 24 July 1978 . quality ; (b) moisture content : 1 5 % ; 2. The closing date for the submission of tenders shall be 24 July 1978 at 12 noon. (c) percentage of rice grains which are not of unim 3 . The notice of invitation to tender shall be paired quality : published in the Official Journal of the European — paddy grains : 1 %, Communities not less than nine days before the — broken rice : 5 % , closing date for the submission of tenders. — green grains or grains showing natural malfor 1 Article 3 mation 5 % (including up to 0-5 % of red grains) ; 1 . The prices offered must be expressed in the currency of the Member State in which the invitation (d) tolerance of extraneous matter, consisting of : to tender was issued. — mineral or vegetable inedible substances 2. For the purpose of rendering the tenders compar provided that they are not toxic : 0-01 % , able, the prices shall, where appropriate, be corrected — extraneous grains or parts thereof, edible : by the monetary compensatory amount applicable on 010 % ; the closing date for submission of tenders to exports from the Member State mentioned in the tender. (e) when wholly milled, percentage of wholly milled rice grains which are not of unimpaired quality : 3. The rates used for converting into units of account those offers made in national currencies shall — chalky grains : 5 % , be : — spotted grains : 1-5 % , — the central rate in cases where the relevant — yellow grains : 0-05 % , currency is held at any given moment within a — stained grains : 1 %, band of 2-25 % , — amber grains : 0-20 % . — in other cases, the average spot exchange rate during the period from Wednesday of one week to Rice not meeting these requirements shall be refused. Tuesday of the following week and which immedi ately precedes the time limit for the submission of Article 7 offers . 1 . The Italian intervention agency shall be respon Article 4 sible for the operations relating to the invitation to The contract shall be awarded to the tenderer offering tender provided for by this Regulation. the best terms . 2 . It shall forthwith communicate to the Commis However, if the tenders submitted do not appear to sion the list of firms which have responded to the invi correspond to normal market prices and costs, the tation to tender, specifying the terms of each tender, intervention agency may cancel the invitation to together with the name and business name of the tender. successful tenderer.
8 . 7. 78 Official Journal of the European Communities No L 186/31
3. Where the customs export formalities for the (c) all possible contingencies which might occur mobilized product are completed in a Member State during transportation of the products. other than that in which the invitation to tender is issued, the intervention agency of the latter Member The intervention agency shall transmit the informa State shall be responsible for the operations following tion provided for to the Commission as soon as it is tendering, including payment to the successful received. , tenderer. 5. When the intervention agency responsible for In such case, the intervention agency choosing the the operations relating to tendering is not the interven successful tenderer shall immediately inform the inter tion agency which appoints the successful tenderer, it vention agency of the Member State concerned and shall send as soon as possible to the latter the informa shall supply it with all the information which it may tion necessary for releasing the security. require.
Furthermore, the amount of the successful tender Article 8 shall be paid after it has been converted using the average of the spot rates referred to in the second As regards this tender, the intervention agency is auth subparagraph of Article 3 (3) to the tenderer in the orized to make an initial payment of 80 % of the currency of the Member State in which the operations value of the quantity given in the bill of lading, on relating to the tendering are completed. presentation of that document and subject to the 4. The intervention agency shall ask that the taking of a security for an amount equal to the initial tenderer specifies the following information : payment. (a) after each shipment, a statement giving details of the quantities loaded, the quality of the products Article 9 and their packaging ; (b) the date of the departure of the ships ; the This Regulation shall enter into force on the day of its expected date of arrival of the products at their publication in the Official Journal of the European destination ; Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 July 1978 .
For the Commission
Finn GUNDELACH Vice-President