31978R1724
25 . 7 . 78 Official Journal of the European Communities No L 201 / 11
COMMISSION REGULATION (EEC) No 1724/78 of 24 July 1978 opening an invitation to tender for the mobilization of milled long grain rice as food aid for Jibuti
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 in ques tion ; Having regard to Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organiza tion of the market in rice (!), as last amended by Regu Whereas the Commission must be informed quickly lation (EEC) No 1260/78 (2), of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi Whereas the Monetary Committee will be consulted ; tions for the mobilization of cereals as food aid (3), and whereas, in view of the urgency, the measures envis in particular Article 6 thereof, aged should be adopted in accordance with the condi 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 1 208 tonnes of milled Regulation (EEC) No 2543/73 (5), and in particular long grain rice to Jibuti 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 circum stances in the Member States, the observation of these conditions is not guaranteed by the application of Article 1 exchange rates applicable in the framework of the common agricultural policy since monetary compensa 1 . Tenders are hereby invited for the supply to tory amounts do not apply in the rice sector ; whereas Jibuti, by way of Community food-aid action, of 1 208 it is advisable to take account of the monetary situa tonnes of 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 two lots of 604 tonnes. The product shall be mobi must be made to the tenderer offering the best terms ; lized 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 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 Jibuti . (0 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. (}) OJ No L 281 , 1 . 11 . 1975, p. 89. (5) OJ No L 263, 19. 9. 1973, p. 1 .
No L 201 / 12 Official Journal of the European Communities 25 . 7 . 78
4. The successful tenderer shall deliver the product forfeit if those operations are not carried out within specified in paragraph 1 in new jute sacks of a net the prescribed time limit, save as regards quantities capacity of 50 kilograms. not delivered owing to force majeure.
Minimum weight of the sacks shall be 600 grams. The 2. The security provided for in paragraph 1 may be following shall be printed on the sacks : given in the form of a cash deposit or of a guarantee issued by a credit institution conforming to the « Riz / Don de la Communauté économique euro criteria laid down by the Member State. péenne à la République de Djibouti.'
To allow for the possibility of re-bagging, the Article 6 successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the 1 . The milled long grain rice referred to in Article goods but with the printing followed by a capital 1 to be supplied to Jibuti must meet the following letter 'R'. requirements : — 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 7 August 1978 . — stained grains : 1 % maximum ; — yellow grains : 0-050 % maximum ; 2. The closing date for the submission of tenders — amber grains : 0.20 % maximum . shall be 7 August 1978 at 12 noon . 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 Jibuti of the milled long Communities, not less than nine days before the grain rice referred to in Article 1 must relate to a closing date for the submission of tenders. product with the following characteristics : — moisture : 1 5 % ; Article 3 — broken rice : 5 % maximum ; 1 . The prices offered must be expressed in the — chalky grains : 5 % maximum ; currency of the Member State in which the invitation — grains striated with red : 3 % maximum ; to tender was issued . — spotted grains : 1 .5 % maximum ; — stained grains : 1 % maximum ; 2. The rates used for converting into units of — yellow grains : 0.050 % maximum ; account those offers made in national currencies shall — amber grains : 0.20 % maximum. be : — the central rate in cases where the relevant Article 7 currency is held at any given moment within a band of 2.25 % , 1 . The Italian intervention agency shall be respon sible for the operations relating to the invitation to — in other cases, the average spot exchange rate tender provided for by this Regulation. during the period from Wednesday of one week to Tuesday of the following week and which immedi 2 . It shall forthwith communicate to the Commis ately precedes the time limit for the submission of sion the list of firms which have responded to the invi tenders . tation to tender, specifying the terms of each tender together with the name and business name of the Article 4 successful tenderer.
The contract shall be awarded to the tenderer offering 3. Where the customs export formalities for the the best terms . mobilized product are completed in a Member State other than that in which the invitation to tender is However, if the tenders submitted do not appear to issued, the intervention agency of the latter Member reflect normal market prices and costs, the interven State shall be responsible for the operations following tion agency may cancel the invitation to tender. tendering, including payment to the successful tenderer. Article 5 In such case, the intervention agency choosing the 1 . The successful tenderer shall give security of a successful tenderer shall immediately inform the inter value of 10 units of account per tonne ; the security is vention agency of the Member State concerned and intended to guarantee that the operations specified in shall supply it with all the information which it may Article 1 are duly completed. The security shall be require .
25. 7 . 78 Official Journal of the European Communities No L 201 / 13
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, 24 July 1978 .
For the Commission
Finn GUNDELACH Vice-President