31978R1598

No L 186/38 8 . 7. 78 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1598/78 of 7 July 1978 opening an invitation to tender for the mobilization of long grain semi-milled rice as food aid for the Republic of Chad

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 (1), 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 ;

Having regard to Council Regulation (EEC) No Whereas the Monetary Committee will be consulted ; 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 aged should be adopted in accordance with the condi­ in particular Article 6 thereof, tions laid down in Article 3 (2) of Council Regulation 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 278 tonnes of long Article 3 thereof ; grain semi-milled rice to Chad under its 1977/78 food-aid programme ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Whereas pursuant to Article 3 (3) of Council Regula­ ment Committee for Cereals, tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ;

Whereas the proposed invitation to tender should be for supply of the products delivered to N'Djamena ; HAS ADOPTED THIS REGULATION :

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 common agricultural policy since monetary compensa­ 1 . Tenders are hereby invited for the supply to the tory amounts do not apply in the rice sector ; whereas Republic of Chad, by way of Community action, of it is advisable to take account of the monetary situa­ 278 tonnes of long grain semi-milled rice. tion as regards different offers ;

Whereas the award under the invitation to tender 2. The tendering procedure shall take place in Italy in one lot. The product shall be mobilized on the must be made to the tenderer offering the best terms ; Community market. The product shall be loaded for departure from any Community port. Whereas, should force majeure make it impossible to complete the operation in question within the time 3 . The invitation to tender provided for in para­ limits specified, it must be made clear who is to bear graph 1 is for supply of the products delivered to the liability for any resulting costs ; N'Djamena. (i) OJ No L 166, 25. 6. 1976, p. 1 . (*) OJ No L 156, 14. 6. 1978 , p. 11 . (<) OJ No 106, 30 . 10. 1962, p. 2553/62. (J) OJ No L 281 , 1 . 11 . 1975, p. 89 . (5) OJ No L 263, 19. 9. 1973, p. 1 .

8 . 7 . 78 No L 186/39 Official Journal of the European Communities

4. The successful tenderer shall deliver the product Article 5 specified in paragraph 1 in new jute sacks of a net capacity of 50 kilograms. 1 . The successful tenderer shall give security of a value of 10 units of account per tonne. The security is The following shall be printed on the sacks : intended to guarantee that the operations specified in Article 1 are duly completed. The security shall be Riz semi blanchi / Don de la CEE a la république du forfeit if those operations are not carried out within Tchad / À distribuer gratuitement'. the prescribed time limit, save as regards quantities not delivered owing to force majeure. To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty 2. The security provided for in paragraph 1 may be sacks, of the same quality as those containing the given in the form of a cash deposit or of a guarantee goods but with the printing followed by a capital issued by a credit institution conforming to the letter 'R'. criteria laid down by the Member State.

Article6¶

1 . The long grain semi-milled rice referred to in 1 . The decision on tenders received in response to Article 1 to be supplied to Chad, must meet the the invitation provided for in Article 1 shall be taken following requirements : on 24 July 1978 . — moisture : 15 % , 2. The closing date for the submission of tenders — broken rice : 20 % maximum, shall be 24 July 1978 at 12 noon. — chalky grains : 5 % maximum, 3 . The notice of invitation to tender shall be — grains striated with red : 3 % maximum, published in the Official Journal of the European — spotted grains : 1 .5 % maximum, Communities not less than nine days before the — stained grains : 1 % maximum, closing date for the submission of tenders. — yellow grains : 0.050 % maximum, — amber grains : 0.20 % maximum. Article 3 Rice not meeting these requirements shall be refused. 1 . The prices offered must be expressed in the 2. Tenders for supply to Chad of the long grain currency of the Member State in which the invitation semi-milled rice referred to in Article 1 must relate to to tender was issued . a product with the following characteristics : 2. The rates used for converting into units of — moisture : 15 % , account those offers made in national currencies shall — broken rice : 20 % maximum, be : — chalky grains : 5 % maximum, — the central rate in cases where the relevant — grains striated with red : 3 % maximum, currency is held at any given moment within a band of 2.25 %„ — spotted grains : 1 .5 % maximum, — in other cases, the average spot exchange rate — stained grains : 1 % maximum, during the period from Wednesday of one week to — yellow grains : 0.050 % maximum, Tuesday of the following week and which immedi­ — amber grains : 0.20 % maximum. ately precedes the time limit for the submission of offers.

Article7¶

Article 4 1 . The Italian intervention agency shall be respon­ 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.

No L 186/40 8 . 7. 78 Official Journal of the European Communities

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 received. tendering, including payment to the successful 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 (2) 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