31978R1663

15 . 7 . 78 Official Journal of the European Communities No L 192/45

COMMISSION REGULATION ( EEC) No 1663/ 78

of 14 July 1978

opening an invitation to tender for the mobilization of milled long grain rice as food aid for the Democratic Republic of Sao Tome and Principe

THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES, given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ tion to tender for supplies to the Democratic Republic Having regard to the Treaty establishing the European of Sao Tome and Principe will be fulfilled ; Economic Community,

Whereas the Italian intervention agency should be Having regard to Council Regulation (EEC) No made responsible for the tendering procedure in ques­ 1418/76 of 21 June 1976 on the common organiza­ tion ; tion of the market in rice (1 ), as amended by Regula­ tion (EEC) No 1 260/78 (2), Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to Council Regulation (EEC) No and of those accepted by the intervention agency ; 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3), and in particular Article 6 thereof, Whereas the Monetary Committee will be consulted ; whereas, in view of the urgency, the measures envis­ aged should be adopted in accordance with the condi­ Whereas on 30 January 1978 the Council of the Euro­ tions laid down in Article 3 (2) of Council Regulation pean Communities declared that it proposed, by way No 129 on the value of the unit of account and the of Community action, to grant the equivalent of 600 exchange rates to be applied for the purposes of the tonnes of husked rice (in other words, 414 tonnes of common agricultural policy (4), as last amended by milled long grain rice) to the Democratic Republic of Regulation (EEC) No 2543/73 (5), and in particular Sao Tome and Principe under its 1977/78 food-aid Article 3 thereof ; 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 to the dock, or in the lighter where applicable, at the port of unloading ; HAS ADOPTED THIS REGULATION :

Whereas, in view of the different monetary circutrf­ 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 Democratic Republic of Sao Tome and Principe, by tory amounts do not apply in the rice sector ; whereas way of Community food-aid action, of 414 tonnes of it is advisable to take account of the monetary situa­ milled long grain 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 products shall be mobilized on the must be made to the tenderer offering the best terms ; Community market. The products 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 limits specified, it must be made clear who is to bear 3 . The invitation to tender provided for in para­ the liability for any resulting costs ; graph 1 is for supply of products to the dock, or in the lighter where applicable, in the port of Sao Tome . (') OJ No L 166, 25 . 6. 1976, p. 1 . (2) OJ No L 156, 14. 6. 1978 , p . 11 . (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 192/46 15 . 7 . 78 Official Journal of the European Communities

4. The successful tenderer shall deliver the product the prescribed time limit, save as regards quantities specified in paragraph 1 in new jute sacks of a net not delivered owing to force majeure. capacity of 50 kilograms, 2. The security provided fbr in paragraph 1 may be Minimum weight of the sacks shall be 600 grams. The given in the form of a cash deposit or of a guarantee following shall be printed on the sacks : issued by a credit institution conforming to the criteria laid down by the Member State. Arroz — Dom de Communidade economica europea a Republica Democratica de Sào Tome e Principe'. Article 6 To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty 1 . The milled long grain rice referred to in Article sacks, of the same quality as those containing the 1 to be supplied to the Democratic Republic of Sao goods but with the printing followed by a capital Tome and Principe must meet the following require­ letter 'R \ ments :

— 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 31 July 1978 . — stained grains : 1 % maximum, — yellow grains : 0 050 % maximum, 2. The closing date for the submission of tenders shall be 31 July 1978 at 12 noon . — amber grains : 0-20 % maximum.

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 Democratic Republic Communities, not less than nine days before the of Sao Tome and Principe of the milled long grain closing date for the submission of tenders. rice referred to in Article 1 must relate to a product with the following characteristics : Article 3 — moisture : 15% , 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 % , 1 . The Italian intervention agency shall be respon­ — in other cases, the average spot exchange rate sible for the operations relating to the invitation to during the period from Wednesday of one week to tender provided for by this Regulation . Tuesday of the following week and which immedi­ ately precedes the time limit for the submission of 2. It shall forthwith communicate to the Commis­ tenders . sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender Article 4 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 mobilized product are completed in a Member State However, if the tenders submitted do not appear to other than that in which the invitation to tender is reflect normal market prices and costs, the interven­ issued, the intervention agency of the latter Member tion agency may cancel the invitation to tender. State shall be responsible for the operations following tendering, including payment to the successful Article 5 tenderer.

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.

15 . 7 . 78 Official Journal of the European Communities No L 192/47

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, 14 July 1978 .

For the Commission

Finn GUNDELACH

Vice-President