31978R1722

25 . 7. 78 Official Journal of the European Communities No L 201 /5

COMMISSION REGULATION (EEC) No 1722/78 of 24 July 1978 opening an invitation to tender for the mobilization of husked long grain rice as food aid for the League of Red Cross Societies

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 ('), as last amended by Regu­ of the tenders submitted in response to the invitation lation (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 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 8 February 1977 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 1 000 tonnes of Article 3 thereof ; husked long grain rice to the League of Red Cross Societies under its 1976/77 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 HAS ADOPTED THIS REGULATION : for supply of the products delivered Jakarta, that is at the moment when the goods are actually placed on the dock or in the lighter where applicable ; 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 League of Red Cross Societies, by way of Community exchange rates applicable in the framework of the food-aid action, of 1 000 tonnes of husked long grain common agricultural policy since monetary compensa­ rice . 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 ; 2. The tendering procedure shall take place in Italy in one lot.

Whereas the award under the invitation to tender must be made to the tenderer offering the best terms ; The product shall be mobilized on the Community market. Shipment shall be 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 products delivered Jakarta the liability for any resulting costs ; that is at the moment when the goods are actually placed on the dock or in the lighter where applicable. (>) 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 201 /6 25 . 7 . 78 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 1 0 units of account per tonne ; the security is Minimum weight of the sacks shall be 600 grams. intended to guarantee that the operations specified in Article 1 are duly completed. The security shall be On the sacks shall be printed a red cross, 15 x 15 forfeit if those operations are not carried out within cm, as well as the following : the prescribed time limit, save as regards quantities not delivered owing to force majeure. 'Husked rice / Gift of the European Economic Community / Action of the League of Red Cross 2. The security provided for in paragraph 1 may be Societies / For free distribution Jakarta.' 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 sacks, of the same quality as those containing the Article 6 goods but with the printing followed by a capital letter *R\ The husked long grain rice referred to in Article 1 to be supplied to the League of Red Cross Societies must Article 2 meet the following requirements :

1 . The decision on tenders received in response to (a) rice, free of odour, of a sound and fair marketable :he invitation provided for in Article 1 shall be taken quality ; on 7 August 1978 . (b) moisture content : 1 5 % ; I. The closing date for the submission of tenders (c) percentage of rice grains which are not of unim­ shall be 7 August 1978 at 12 noon. paired quality : — paddy grains : 1 % , 3 . The notice of invitation to tender shall be — broken rice : 5 % , published in the Official Journal of the European Communities, not less than nine days before the — green grains or grains showing natural malfor­ :losing date for the submission of tenders. mation 5 % (including up to 0.5 % of red grains) ;

Article 3 (d) tolerance of extraneous matter, consisting of : — mineral or vegetable inedible substances The prices offered must be expressed in the provided that they are not toxic 0.01 % , urrency of the Member State in which the invitation d tender was issued . — extraneous grains or parts thereof, edible 0.1 0 % ; The rates used for converting into units of (e) when wholly milled, percentage of wholly milled ccount those offers made in national currencies shall rice grains which are not of unimpaired quality : e : — chalky grains : 5 % , - the central rate in cases where the relevant — spotted grains : 1 *5 %, currency is held at any given moment within a band of 2*25 % , — yellow grains : 0.05 % , — stained grains : maximum 1 % , - in other cases, the average spot exchange rate — amber grains : 0.20 % . during the period from Wednesday of one week to Tuesday of the following week and which immedi­ Rice not meeting these requirements shall be refused. ately precedes the time limit for the submission of tenders . Article 7

Article 4 1 . The Italian intervention agency shall be respon­ sible for the operations relating to the invitation to le contract shall be awarded to the tenderer offering tender provided for by this Regulation. e 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, •tervention agency may cancel the invitation to together with the name and business name of the ender. successful tenderer.

25 . 7. 78 No L 201 /7 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, 24 July 1978 .

For the Commission

Finn GUNDELACH Vice-President