31978R1723
No L 201 / 8 25 . 7 . 78 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 1723/78 of 24 July 1978 opening an invitation to tender (or the mobilization of semi-milled long grain rice as food aid for the International Committee of the Red Cross
THE COMMISSION OF THE EUROPEAN Whereas provisions 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 ;
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 Whereas on 30 January 1978 the Council of the Euro exchange rates to be applied for the purposes of the pean Communities declared that it proposed, by way common agricultural policy (4), as last amended by of Community action, to grant 740 tonnes of semi Regulation (EEC) No 2543/73 (5), and in particular milled long grain rice to the International Committee Article 3 thereof ; of the Red Cross 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 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 Ashdod, 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 International Committee of the Red Cross, by way of exchange rates applicable in the framework of the Community food-aid action, of 740 tonnes of semi common agricultural policy since monetary compensa milled long grain rice. tory amounts do not apply in the rice sector ; whereas it is advisable to take account of the monetary situa 2. The tendering procedure shall take place in Italy tion as regards different offers ; in one lot.
Whereas the award under the invitation to tender The product shall be mobilized on the Community must be made to the tenderer offering the best terms ; 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 Ashdod, 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 . («) OJ No 106, 30. 10. 1962, p. 2553/62. (3) OJ No L 281 , 1 . 11 . 1975, p. 89. (5) OJ No L 263, 19. 9. 1973, p. 1 .
25. 7. 78 Official Journal of the European Communities No L 201 /9
4. The successful tenderer shall deliver the product intended to guarantee that the operations specified in specified in paragraph 1 in new jute sacks lined with Article 1 are duly completed. The security shall be cotton sacks of a net capacity of 50 kilograms. forfeit if those operations are not carried out within the prescribed time limit, save as regards quantities On the sacks shall be printed a red cross, 15 x 15 not delivered owing to force majeure. cm, as well as the following : 'Rice / Gift of the European Economic Community / 2. The security provided for in paragraph 1 may be Action of the International Committee of the Red given in the form of a cash deposit or of a guarantee Cross / For free distribution'. 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\ 1 . The semi-milled long grain rice referred to in Article 1 to be supplied to the International Article 2 Committee of the Red Cross must meet the following requirements : 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken — moisture : 15% , on 7 August 1978 . — broken rice : 5 % maximum, 2. The closing date for the submission of tenders — chalky grains : 5 % maximum, shall be 7 August 1978 at 12 noon . — grains striated with red : 3 % maximum, 3 . The notice of invitation to tender shall be — spotted grains : 1 -5 % maximum, published in the Official Journal of the European 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 currency of the Member State in which the invitation to tender was issued . 2. Tenders for supply to the International Committee of the Red Cross of the semi-milled long 2. The rates used for converting into units of grain rice referred to in Article 1 must relate to a account those offers made in national currencies shall product with the following characteristics : be : — moisture : 15 % , — the central rate in cases where the relevant — broken rice : 5 % maximum, currency is held at any given moment within a band of 2-25 % , — chalky grains : 5 % maximum, — in other cases, the average spot exchange rate — grains striated with red : 3 % maximum, during the period from Wednesday of one week to — spotted grains : 1 *5 % maximum, Tuesday of the following week and which immedi ately precedes the time limit for the submission of — stained grains : 1 % maximum, tenders. — yellow grains : 0-050 % maximum, — amber grains : 0-20 % maximum. Article 4
The contract shall be awarded to the tenderer offering the best terms . Article 7
However, if the tenders submitted do not appear to 1 . The Italian intervention agency shall be respon correspond to normal market prices and costs, the sible for the operations relating to the invitation to intervention agency may cancel the invitation to tender provided for by this Regulation . tender. 2. It shall forthwith communicate to the Commis Article 5 sion the list of firms which have responded to the invi tation to tender, specifying the terms of each tender, 1 . The successful tenderer shall give security of a together with the name and business name of the value of 10 units of account per tonne ; the security is successful tenderer.
No L 201 / 10 25. 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 this 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 taking of a security for an amount equal to the initial 4. The intervention agency shall ask that the payment. tenderer specifies the following information : (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