31978R1795

No L 205 / 40 29 . 7 . 78 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1795 / 78 of 28 July 1978 opening an invitation to tender for the mobilization of milled 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 for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ tion to tender will be fulfilled ; 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 Having regard to Council Regulation ( EEC) No tion ; 1418 /76 of 21 June 1976 on the common organiza­ tion of the market in rice ('), 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 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 tions for the mobilization of cereals as food aid (3 ), and Whereas the Monetary Committee will be consulted ; in particular Article 6 thereof, whereas, in view of the urgency, the measures envis­ aged should be adopted in accordance with the condi­ tions laid down in Article 3 ( 2) of Council Regulation Whereas on 30 January 1978 the Council of the Euro­ No 129 on the value of the unit of account and the pean Communities declared that it proposed, by way exchange rates to be applied for the purposes of the of Community action , to grant the equivalent of 145 common agricultural policy (4), as last amended by tonnes of husked rice ( in other words, 100 tonnes of Regulation ( EEC) No 2543 / 73 ( 5 ), and in particular milled long grain rice) to the League of Red Cross Article 3 thereof ; Societies under its 1977/78 food-aid 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 Article 1 conditions is not guaranteed by the application of exchange rates applicable in the framework of the common agricultural policy since monetary compensa­ 1 . Tenders are hereby invited for the supply to the tory amounts do not apply in the rice sector ; whereas League of Red Cross Societies , by way of Community it is advisable to take account of the monetary situa­ food-aid action , of 100 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 must be made to the tenderer offering the best terms ; in one lot. The product shall be mobilized on the 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 Banjul . (') OI No L 166 , 25 . 6 . 1976, p . 1 . (-) O") No L 156, 14. 6 . 1978 , p . 1 1 . (4 ) OJ No 106, 30 . 10 . 1962, p . 2553 / 62 . Ò) OJ No L 281 , 1 . 11 . 1975, p. 89. 0 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .

29 . 7 . 78 Official Journal of the European Communities No L 205 / 41

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 : 'Milled rice / Gift of the European Economic Commu­ 2. The security provided for in paragraph 1 may be nity / Action of the League of Red Cross Societies / given in the form of a cash deposit or of a guarantee For free distribution Banjul '. issued by a credit institution conforming to the criteria laid down by the Member State . To allow for the possibility of re-bagging, the 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 milled long grain rice referred to in Article 1 must meet the following requirements : Article 2 — moisture : 1 5 % , — broken rice : 5 % maximum , 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken — chalky grains : 5 % maximum , on 21 August 1978 . — grains striated with red : 3 % maximum , — spotted grains : 1-5% maximum , 2. The closing date for the submission of tenders — stained grains : 1 % maximum , shall be 21 August 1978 at 12 noon . — yellow grains : 0-050 % maximum , — amber grains : 0-20 % maximum . 3 . The notice of invitation to tender shall be published in the Official Journal of the European Rice not meeting these requirements shall be refused . Communities, not less than nine days before the closing date for the submission of tenders . 2. Tenders for supply of the milled long grain rice referred to in Article 1 must relate to a product with Article 3 the following characteristics :

1 . The prices offered must be expressed in the — moisture : 15% , currency of the Member State in which the invitation — broken rice : 5 % maximum , to tender was issued . — chalky grains : 5 % maximum , — grains striated with red : 3 % maximum , 2. The rates used for converting into units of — spotted grains : 1-5% maximum , account those offers made in national currencies shall — stained grains : 1 % maximum , be : — yellow grains : 0-050 % maximum , — the central rate in cases where the relevant — amber grains : 0-20 % maximum . currency is held at any given moment within a band of 2-25 % , Article 7 — in other cases, the average spot exchange rate during the period from Wednesday of one week to Tuesday of the following week and which immedi­ 1 . The Italian intervention agency shall be respon­ ately precedes the time limit for the submission of sible for the operations relating to the invitation to tenders . tender provided for by this Regulation .

2 . It shall forthwith communicate to the Commis­ Article 4 sion the list of firms which have responded to the invi­ The contract shall be awarded to the tenderer offering tation to tender, specifying the terms of each tender the best terms . together with the name and business name of the successful tenderer . However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ 3 . Where the customs export formalities for the tion agency may cancel the invitation to tender. mobilized product are completed in a Member State other than that in which the invitation to tender is Article 5 issued , the intervention agency of the latter Member State shall be responsible for the operations following 1 . The successful tenderer shall give security of a tendering, including payment to the successful value of 10 units of account per tonne ; the security is tenderer .

No L 205 /42 Official Journal of the European Communities 29 . 7 . 78

In such case , the intervention agency choosing the The intervention agency shall transmit the informa­ successful tenderer shall immediately inform the inter­ tion provided for to the Commission as soon as it is received . vention agency of the Member State concerned and shall supply it with all the information which it may 5 . When the intervention agency responsible for require . the operations relating to tendering is not the interven­ Furthermore , the amount of the successful tender tion agency which appoints the successful tenderer, it shall be paid after it has been converted using the shall send as soon as possible to the latter the informa­ average of the spot rates referred to in the second tion necessary for releasing the security. subparagraph of Article 3 ( 2) to the tenderer in the currency of the Member State in which the operations Article 8 relating to the tendering are completed . As regards this tender the intervention agency is auth­ 4. The intervention agency shall ask that the orized to make an initial payment of 80 % of the tenderer specifies the following information : value of the quantity given in the bill of lading, on presentation of that document and subject to the (a) after each shipment , a statement giving details of taking of a security for an amount equal to the initial the quantities loaded , the quality of the products payment . and their packaging ; (b) the date of the departure of the ships ; the Article 9 expected date of arrival of the products at their destination ; This Regulation shall enter into force on the day of its (c) all possible contingencies which might occur publication in the Official Journal of the European Communities. during transportation of the products.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 28 July 1978 .

For the Commission

Finn GUNDELACH Vice-President