31978R2344

7. 10 . 78 No L 282/ 15 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2344/78

of 6 October 1978

opening a new 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 the award under the invitation to tender COMMUNITIES, must be made to the tenderer offering the best terms ;

Having regard to the Treaty establishing the European Whereas, should force majeure make it impossible to Economic Community, complete the operation in question within the time limits specified, it must be made clear who is to bear the liability for any resulting costs ; Having regard to Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organiza­ Whereas provision should be made for security to be tion of the market in rice ( J ), as amended by Regula­ given to guarantee fulfilment of the obligations arising tion (EEC) No 1260/78 (2), by virtue of participation in the invitation to tender ; Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi­ Whereas the Italian intervention agency should be tions for the mobilization of cereals as food aid (3), and made responsible for the tendering procedure ; in particular Article 6 thereof,

Whereas the Commission must be informed quickly Whereas on 30 January 1978 the Council of the Euro­ of the tenders submitted in response to the invitation pean Communities declared that it proposed, by way and of those accepted by the intervention agency ; of Community action, to grant the equivalent of 1 250 tonnes of husked rice (in other words, 925 tonnes of Whereas the Monetary Committee will be consulted ; semi-milled long grain rice) to the United Nations whereas, in view of the urgency, the measures envis­ High Commission for Refugees under its 1977/78 aged should be adopted in accordance with the condi­ food-aid programme ; tions laid down in Article 3 (2) of Council Regulation No 129 on the value of the unit of account and the Whereas pursuant to Article 3 (3) of Council Regula­ exchange rates to be applied for the purposes of the tion (EEC) No 2750/75 the goods may be purchased common agricultural policy (5), as last amended by anywhere on the Community market ; Regulation (EEC) No 2543/73 (6), and in particular Article 3 thereof ;

Whereas the invitation to tender opened in the Community under Commission Regulation (EEC) No Whereas the measures provided for in this Regulation 1799/78 of 28 July 1978 opening an invitation to are in accordance with the opinion of the Manage­ tender for the mobilization of semi-milled long grain ment Committee for Cereals, rice as food aid for the United Nations High Commis­ sion for Refugees (4) was not allocated ; whereas a new invitation to tender should therefore be opened ;

HAS ADOPTED THIS REGULATION : Whereas the proposed invitation to tender should be for supply of the products delivered to Vientiane via Bangkok ; Article 1

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 conditions is not guaranteed by the application of way of Community action, of 925 tonnes of semi­ exchange rates applicable in the framework of the 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. (») OJ No L 166, 25 . 6. 1976, p. 1 . (2) OJ No L 156, 14. 6. 1978 , p. 11 . (>) OJ No L 281 , 1 . 11 . 1975, p. 89 . (») OJ No 106, 30 . 10 . 1962, p. 2553/62. (4) OJ No L 205, 29 . 7. 1978, p. 52. (') OJ No L 263, 19 . 9 . 1973, p. 1 .

No L 282/ 16 7. 10 . 78 Official Journal of the European Communities

Article 5 3 . The invitation to tender provided for in para­ graph 1 is for supply of the products delivered to Vientiane via Bangkok. 1 . The successful tenderer shall give security of a value of 10 units of account per tonne ; the security }s 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 kilgorams. forfeit if those operations are not carried out within the prescribed time limit, save as regards quantities The following shall be printed on the sacks : 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 2 Article 1 to be supplied to the United Nations High Commission for Refugees must meet the following 1 . The decision on tenders received in response to requirements : the invitation provided for in Article 1 shall be taken on 23 October 1978 . — moisture : 15% , — broken rice : 5 % maximum, 2. The closing date for the submission of tenders — chalky grains : 5 % maximum, shall be 23 October 1978 at 12 noon . — grains striated with red : 3 % maximum, — spotted grains : 1 -5 % maximum, 3 . The notice of invitation to tender shall be — stained grains : 1 % maximum, published in the Official Journal of the European — yellow grains : 0.050 % maximum, Communities not less than nine days before the — amber grains : 0.20 % maximum. closing date for the submission of tenders.

Rice not meeting these requirements shall be refused. Article 3

2. Tenders for supply to the United Nations High 1 . The prices offered must be expressed in the Commission for Refugees of the semi-milled long currency of the Member State in which the invitation grain rice referred to in Article 1 must relate to a to tender was issued . product with the following characteristics :

2. The rates used for converting into units of — moisture : 15% , account those offers made in national currencies shall — broken rice : 5 % maximum , be : — chalky grains : 5 % maximum, — the central rate in cases where the relevant — grains striated with red : 3 % maximum, currency is held at any given moment within a — spotted grains : 1.5% maximum, band of 2.25 % , — stained grains : 1 % maximum, — yellow grains : 0 050 % maximum, — in other cases, the average spot exchange rate — amber grains : 0.20 % maximum. during the period from Wednesday of one week to Tuesday of the following week and which immedi­ ately precedes the time limit for the submission of offers. Article 7

1 . The Italian intervention agency shall be respon­ Article 4 sible for the operations relating to the invitation to tender provided for by this Regulation. The contract shall be awarded to the tenderer offering 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 correspond to normal market prices and costs, the tation to tender, specifying the terms of each tender, intervention agency may cancel the invitation to together with the name and business name of the tender. successful tenderer.

7 . 10 . 78 Official Journal of the European Communities No L 282/ 17

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 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 the 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 4. The intervention agency shall ask that the taking of a security for an amount equal to the initial 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, 6 October 1978 .

For the Commission

Finn GUNDELACH

Vice-President