31978R1799

No L 205 / 52 29 . 7 . 78 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1799/78 of 28 July 1978 opening an invitation to tender for the mobilization of semi-milled long grain rice as food aid for the United Nations High Commission for Refugees

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 amended by Regula­ of the tenders submitted in response to the invitation tion (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 aged should be adopted in accordance with the condi­ tions for the mobilization of cereals as food aid (3 ), and 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 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 the equivalent of 1 250 Article 3 thereof ; tonnes of husked rice (in other words, 925 tonnes of semi-milled long grain rice) to the United Nations Whereas the measures provided for in this Regulation High Commission for Refugees under its 1977/78 are in accordance with the opinion of the Manage­ food-aid programme ; ment Committee for Cereals,

Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ; HAS ADOPTED THIS REGULATION : Whereas the proposed invitation to tender should be for supply of the products delivered to Vientiane via Article 1 Bangkok ;

Whereas, in view of the different monetary circum­ 1 . Tenders are hereby invited for the supply to the stances in the Member States, the observation of these United Nations High Commission for Refugees, by way of Community action, of 925 tonnes of semi­ conditions is not guaranteed by the application of milled long grain rice. exchange rates applicable in the framework of the 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 invitation to tender provided for in para­ graph 1 is for supply of the products delivered to Vientiane via Bangkok . 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 4. The successful tenderer shall deliver the product the liability for any resulting costs ; specified in paragraph 1 in new jute sacks lined with cotton sacks of a net capacity of 50 kilograms. (!) 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 .

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The following shall be printed on the sacks : the prescribed time limit, save as regards quantities not delivered owing to force majeure. 'Riz semi-blanchi / Don de la Communauté écono­ mique européenne / Action humanitaire de l'UNHCR 2. The security provided for in paragraph 1 may be au Laos'. 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 goods but with the printing followed by a capital Article 6 letter 'R'. 1 . The semi-milled long grain rice referred to in Article 1 to be supplied to the United Nations High Article 2 Commission for Refugees 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 21 August 1978 . — broken rice : 5 % maximum , — chalky grains : 5 % maximum, 2. The closing date for the submission of tenders - shall be 21 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 — stained grains 1 % maximum, Communities not less than nine days before the — yellow grains : 0.050 % maximum, closing date for the submission of tenders. — amber grains : 0.20 % maximum .

Article J Rice not meeting these requirements shall be refused.

2. Tenders for supply to the United Nations High 1 . The prices offered must be expressed in the currency of the Member State in which the invitation Commission for Refugees of the semi-milled long to tender was issued . grain rice referred to in Article 1 must relate to a product with the following characteristics : 2. The rates used for converting into units of — moisture : 15 % , account those offers made in national currencies shall be : — broken rice : 5 % maximum , — chalky grains : 5 % maximum, — the central rate in cases where the relevant currency is held at any given moment within a — grains striated with red : 3 % maximum, band of 2-25 % , — spotted grains : 1 .5 % maximum, — in other cases, the average spot exchange rate — stained grains : 1 % maximum, during the period from Wednesday of one week to — yellow grains : 0.050 % maximum, Tuesday of the following week and which immedi­ — amber grains : 0-20 % maximum . ately precedes the time limit for the submission of offers . Article 7 Article 4 1 . The Italian intervention agency shall be respon­ sible for the operations relating to the invitation to The contract shall be awarded to the tenderer offering tender provided for by this Regulation . the 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 corrrespond to normal market prices and costs, the tation to tender, specifying the terms of each tender, intervention agency may cancel the invitation to tender. together with the name and business name of the successful tenderer.

Article 5 3. Where the customs export formalities for the mobilized product are completed in a Member State 1 . The successful tenderer shall give security of a other than that in which the invitation to tender is value of 10 units of account per tonne ; the security is issued, the intervention agency of the latter Member intended to guarantee that the operations specified in State shall be responsible for the operations following Article 1 are duly completed . The security shall be tendering, including payment to the successful tenderer. forfeit if those operations are not carried out within

No L 205/54 29 . 7 . 78 Official Journal of the European Communities

In such case, the intervention agency choosing the The intervention agency shall transmit the informa­ successful tenderer shall immediately inform the inter­ tion provided to the Commission as soon as it is vention agency of the Member State concerned and received . 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 (a) after each shipment, a statement giving details of presentation of that document and subject to the the quantities loaded, the quality of the products taking of a security for an amount equal to the initial and their packaging ; payment. (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