31978R1728

25 . 7 . 78 Official Journal of the European Communities No L 201 / 23

COMMISSION REGULATION ( EEC) No 1728/78 of 24 July 1978 opening an invitation to tender for the mobilization of milled long grain rice as food aid for Togo

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 Whereas the Commission must be informed quickly 1418/76 of 21 June 1976 on the common organiza­ tion of the market in rice (*), as last amended by Regu­ of the tenders submitted in response to the invitation lation (EEC) No 1 260/78 (2), and of those accepted by the intervention agency ;

Whereas the Monetary Committee will be consulted ; Having regard to Council Regulation (EEC) No whereas, in view of the urgency, the measures envis­ 2750/75 of 29 October 1975 laying down the condi­ aged should be adopted in accordance with the condi­ tions for the mobilization of cereals as food aid (3), and tions laid down in Article 3 (2) of Council Regulation in particular Article 6 thereof, 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 517 tonnes of milled Article 3 thereof ; long grain rice to Togo 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 tenders should be invited for the supply of HAS ADOPTED THIS REGULATION : the product to the port of shipment in the vicinity of the vessel, the goods to be set down at the place nomi­ nated by the recipient or its agent ; 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 conditions is not guaranteed by the application of Togo by way of Community food-aid action of 517 exchange rates applicable in the framework of the tonnes of milled long grain rice. common agricultural policy since monetary compensa­ tory amounts do not apply in the rice sector ; whereas 2. The tendering procedure shall take place in Italy it is advisable to take account of the monetary situa­ in one lot. The product shall be mobilized on the tion as regards different offers ; Community market. The product shall be loaded for departure from any Community port. Whereas the award under the invitation to tender must be made to the tenderer offering the best terms ; 3. The product referred to in paragraph 1 is to be delivered in new jute sacks of a net capacity of 50 kilo­ Whereas, should force majeure make it impossible to grams to the port of shipment in the vicinity of the complete the operation in question within the time vessel. The goods must be set down at the place nomi­ limits specified, it must be made clear who is to bear nated by the recipient country or its agent, the timing the liability for any resulting costs ; of delivery being settled by the tenderer and the recip­ ient country's agent. 0) 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. (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . (5) OJ No L 263, 19. 9. 1973, p. 1 .

No L 201 / 24 25 . 7 . 78 Official Journal of the European Communities

Minimum weight of the sacks shall be 600 grams. The availability of the vessels to be used for sea transporta­ following shall be printed on the sacks : tion, the resulting costs shall be borne by the interven­ tion agency. 'Riz blanchi / Don de la Communauté économique européenne au Togo / Distribution gratuite'. Article 6 To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty 1 . The successful tenderer shall give security of a sacks, of the same quality as those containing the value of 10 units of account per tonne, the security is goods but with the printing followed by a capital intended to guarantee that the operations specified in letter 'R'. Article 1 are duly completed. The security shall be forfeit if those operations are not carried out within the prescribed time limit, save as regards quantities Article 2 not delivered owing to force majeure.

1 . The decision on tenders received in response to 2. The security provided for in paragraph 1 may be the invitation provided for in Article 1 shall be taken in the form of a cash deposit or of a guarantee issued on 7 August 1978 . by a credit institution conforming to the criteria laid down by the Member State. 2. The closing date for the submission of tenders shall be 7 August 1978 at 12 noon . Article 7 3 . The notice of invitation to tender shall be published in the Official Journal of the European 1 . The milled long grain rice referred to in Article Communities not less than nine days before the 1 to be supplied to Togo must meet the following closing date for the submission of tenders. requirements :

— moisture : 1 5 % ; Article 3 — broken rice : 5 % maximum ; — chalky grains : 5 % maximum ; 1 . The prices offered must be expressed in the — grains striated with red : 3 % maximum ; currency of the Member State in which the invitation — spotted grains : 1-5% maximum ; to tender was issued . — stained grains : 1 % maximum ; — yellow grains : 0-050 % maximum ; 2. The rates used for converting into units of — amber grains : 0-20 % maximum. account those offers made in national currencies shall be : Rice not meeting these requirements shall be refused. — the central rate in cases where the relevant currency is held at any given moment within a 2. Tenders for supply to Togo of the long grain band of 2-25 % , milled rice referred to in Article 1 must relate to a product with the following characteristics : — in other cases the average spot exchange rate during the period from Wednesday of one week to — moisture : 1 5 % ; Tuesday of the following week and which immedi­ — broken rice : 5 % maximum ; ately precedes the time limit for the submission of — chalky grains : 5 % maximum ; tenders . — grains striated with red : 3 % maximum ; — spotted grains : 1 -5 % maximum ; — stained grains : 1 % maximum ; Article 4 — yellow grains : 0-050 % maximum ; — amber grains : 0-20 % maximum . The contract shall be awarded to the tenderer offering the best terms .

Article 8 However, if the tenders submitted do not appear to correspond to normal market prices and costs, the 1 . The Italian intervention agency shall be respon­ intervention agency may cancel the invitation to tender. sible for the operations relating to the invitation to tender provided for by this Regulation .

Article 5 2. It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ If the tenderer is unable to deliver the goods in tation to tender, specifying the terms of each tender, compliance with Article 1 (3) on the date given in the together with the name and business name of the notice of invitation to tender as a result of the late successful tenderer.

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

3 . Where the customs export formalities for the (b) the date of departure of the vessels. mobilized product are completed in a Member State The information indicated above shall be forwarded other than that in which the invitation to tender is by the intervention to the Commission immediately issued, the intervention agency of the latter Member upon receipt. State shall be responsible for the operations following tendering, including payment to the successful 5. When the intervention agency responsible for tenderer. the operations relating to tendering is not the interven­ tion agency which appoints the successful tenderer, it In such case, the intervention agency choosing the shall send as soon as possible to the latter the informa­ successful tenderer shall immediately inform the inter­ tion necessary for releasing the security. vention agency of the Member State concerned and shall supply it with all the information which it may Article 9 require. On delivery of the goods at the port of shipment, a Furthermore, the amount of the successful tender handing-over certificate shall be supplied to the shall be paid after it has been converted using the successful tenderer, acting as agent for the Commu­ average of the spot rates referred to in the second nity, by the agent of the recipient country or, in the subparagraph of Article 3 (2) to the tenderer in the absence of the latter, by the intervention agency of the currency of the Member State in which the operations Member State in whose territory the port of shipment relating to the tendering are completed. is situated .

4. The intervention agency shall request the Article 10 successful tenderer to supply the following informa­ tion : This Regulation shall enter into force on the day of its (a) after each shipment a certificate showing the quan­ publication in the Official Journal of the European Communities. tities dispatched and the quality of the products ;

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