31978R2345

7 . 10 . 78 No L 282/ 18 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 2345/78 of 6 October 1978 opening an invitation to tender for the mobilization of milled long grain rice as food aid for Senegal

THE COMMISSION OF THE EUROPEAN Whereas the Italian intervention agency should be COMMUNITIES, made responsible for the tendering procedure in ques­ tion ; Having regard to the Treaty establishing the European Economic Community, Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to Council Regulation (EEC) No and of those accepted by the intervention agency ; 1418/76 of 21 June 1976 on the common organiza­ tion of the market in rice ( !), as last amended by Regu­ Whereas the Monetary Committee will be consulted ; lation (EEC) No 1 260/78 (2), whereas, in view of the urgency, the measures envis­ aged should be adopted in accordance with the condi­ Having regard to Council Regulation (EEC) No tions laid down in Article 3 (2) of Council Regulation 2750/75 of 29 October 1975 laying down the condi­ No 129 on the value of the unit of account and the tions for the mobilization of cereals as food aid (3), and exchange rates to be applied for the purposes of the in particular Article 6 thereof, common agricultural policy (4), as last amended by Regulation (EEC) No 2543/73 (5), and in particular Whereas on 30 January 1978 the Council of the Euro­ Article 3 thereof ; pean Communities declared that it proposed, by way of Community action, to grant 3 360 tonnes of milled Whereas the measures provided for in this Regulation long grain rice to Senegal under its 1977/78 food-aid are in accordance with the opinion of the Manage­ programme ; ment Committee for Cereals,

Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased HAS ADOPTED THIS REGULATION : anywhere on the Community market ;

Whereas the proposed invitation to tender should be Article 1 for supply of the products to the dock or in the lighter where applicable at the port of unloading ; 1 . Tenders are hereby invited for the supply to Whereas in view of the different monetary circum­ Senegal by way of Community food-aid action, of stances in the Member States, the observation of these 3 360 tonnes of milled long grain rice. conditions is not guaranteed by the application of exchange rates applicable in the framework of the 2. The tendering procedure shall take place in Italy common agricultural policy since monetary compensa­ in one lot. The product shall be mobilized on the tory amounts do not apply in the rice sector ; whereas Community market. The product shall be loaded for it is advisable to take account of the monetary situa­ departure from any Community port. tion as regards different offers ; 3 . The invitation to tender provided for in para­ Whereas the award under the invitation to tender graph 1 is for supply of products to the dock, or in must be made to the tenderer offering the best terms ; the lighter where applicable in the port of Dakar.

Whereas, should force majeure make it impossible to 4. The successful tenderer shall deliver the product complete the operation in question within the time specified in paragraph 1 in new jute sacks of a net limits specified, it must be made clear who is to bear capacity of 50 kilograms. the liability for any resulting costs ; Minimum weight of the sacks shall be 600 grams. The Whereas provision should be made for security to be following shall be printed on the sacks : given for the purpose of guaranteeing that the obliga­ 'Riz / Don de la Communauté économique euro­ tions arising by virtue of participation in the invita­ tion to tender for supplies to Senegal will be fulfilled ; péenne à la république du Sénégal / À distribuer gratu­ itement'. 0) OJ No L 166, 25. 6 . 1976, p. 1 . I2) 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 .

7 . 10 . 78 Official Journal of the European Communities No L 282/ 19

Article 6 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 1 . The milled long grain rice referred to in Article goods but with the printing followed by a capital 1 to be supplied to Senegal must meet the following letter *R\ requirements :

— moisture : 1 5 % ; Article 2 — broken rice : 40 % 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 23 October 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 23 October 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 Senegal 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 :

Article 3 — moisture : 1 5 % ; — broken rice : 40 % 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 — in other cases, the average spot exchange rate sible for the operation relating to the invitation to during the period from Wednesday of one week to tender provided for by this Regulation. Tuesday of the following week and which immedi­ ately precedes the time limit for the submission of 2 . It shall forthwith communicate to the Commis­ tenders . sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender Article 4 together with the name and business name of the successful tenderer. The contract shall be awarded to the tenderer offering the best terms . 3. Where the customs export formalities for the mobilized product are completed in a Member State However, if the tenders submitted do not appear to other than that in which the invitation to tender is reflect normal market prices and costs, the interven­ issued, the intervention agency of the latter Member tion agency may cancel the invitation to tender. State shall be responsible for the operations following 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 intended to guarantee that the operations specified in vention agency of the Member State concerned and Article 1 are duly completed. The security shall be shall supply it with all the information which it may require. forfeit if those operations are not carried out within the prescribed time limit, save as regards quantities Furthermore, the amount of the successful tender not delivered owing to force majeure. shall be paid after it has been converted using the 2. The security provided for in paragraph 1 may be average of the spot rates referred to in the second given in the form of a cash deposit or of a guarantee subparagraph of Article 3 (2) to the tenderer in the issued by a credit institution conforming to the currency of the Member State in which the operations criteria laid down by the Member State . relating to the tendering are completed.

No L 282/ 20 Official Journal of the European Communities 7 . 10 . 78

4. The intervention agency shall ask that the shall send as soon as possible to the latter the informa­ tenderer specifies the following information : tion necessary for releasing the security. (a) after each shipment, a statement giving details of Article 8 the quantities loaded, the quality of the products and their packaging ; As regards this tender the intervention agency is auth­ (b) the date of the departure of the ships, the expected orized to make an initial payment of 80 % of the date of arrival of the products at their destination ; value of the quantity given in the bill of lading, on (c) all possible contingencies which might occur presentation of that document and subject to the during transportation of the products. taking of a security for an amount equal to the initial payment. The intervention agency shall transmit the informa­ tion provided for to the Commission as soon as it is received . Article 6

5. When the intervention agency responsible for This Regulation shall enter into force on the day of its the operations relating to tendering is not the interven­ publication in the Official Journal of the European tion agency which appoints the successful tenderer, it 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