31978R2635
No L 318/26 Official Journal of the European Communities 11 . 11 . 78
COMMISSION REGULATION ( EEC) No 2635/78 of 10 November 1978 opening an invitation to tender for the mobilization of semi-milled long grain rice as food aid for the International Committee of the Red Cross
THE COMMISSION OF THE EUROPEAN Whereas the Italian intervention agency should be COMMUNITIES, made responsible for the tendering procedure ;
Having regard to the Treaty establishing the European Whereas the Commission must be informed quickly Economic Community, of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organiza Whereas the Monetary Committee will be consulted ; tion of the market in rice (l), as last amended by Regu whereas, in view of the urgency, the measures envis lation (EEC) No 1260/78(2), aged should be adopted in accordance with the condi tions laid down in Article 3 (2) of Council Regulation No 129 on the value of the unit of account and the Having regard to Council Regulation (EEC) No exchange rates to be applied for the purposes of the 2750/75 of 29 October 1975 laying down the condi common agricultural policy (4), as last amended by tions for the mobilization of cereals as food aid (3), and Regulation (EEC) No 2543/73 (5), and in particular in particular Article 6 thereof, Article 3 thereof ;
Whereas on 30 January 1978 the Council of the Euro Whereas the measures provided for in this Regulation pean Communities declared that it proposed, by way are in accordance with the opinion of the Manage of Community action, to grant 500 tonnes of semi ment Committee for Cereals, milled long grain rice to the International Committee of the Red Cross under its 1977/78 food-aid programme ;
HAS ADOPTED THIS REGULATION : Whereas pursuant to Article 3 (3) of Council Regula tion (EEC) No 2750/75 goods may be purchased anywhere on the Community market ;
Article 1 Whereas the proposed invitation to tender should be for supply of the products delivered Corinto, that is at 1 . Tenders are hereby invited for the supply to the the moment when the goods are actually placed on International Committee of the Red Cross, by way of the dock or in the lighter where applicable ; Community food-aid action, of 500 tonnes of semi milled long grain rice. Whereas in view of the different monetary circum stances in the Member States, the observation of these 2. The tendering procedure shall take place in Italy conditions is not guaranteed by the application of in one lot. exchange rates applicable in the framework of the common agricultural policy since monetary compensa tory amounts do not apply in the rice sector ; whereas The product shall be mobilized on the Community it is advisable to take account of the monetary situa market. Shipment shall be 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 delivered Corinto, must be made to the tenderer offering the best terms ; that is at the moment when the goods are actually placed on the dock or in the lighter where applicable. Whereas provisions should be made for security to be given to guarantee fulfilment of the obligations arising 4. The successful tenderer shall deliver the product by virtue of participation in the invitation to tender ; specified in paragraph 1 in new jute sacks lined with cotton sacks of a net capacity of 50 kilograms. 0 ) OJ No L 166, 25. 6. 1976, p. 1 . (2) OJ No L 156, 14. 6. 1978, p. 11 . (") OJ No 106, 30. 10. 1962, p. 2553/62. (») OJ No L 281 , 1 . 11 . 1975, p. 89. (5 ) OJ No L 263, 19 . 9 . 1973 . D. 1 .
11 . 11 . 78 No L 318 /27 Official Journal of the European Communities
On the sacks shall be printed a red cross, 15 x 15 Article 1 are duly completed. The security shall be cm, as well as the following : forfeit if those operations are not carried out within the prescribed time limit, save as regards quantities NI-3 / Arroz / Donación de la Comunidad econo not delivered owing to force majeure. mica europea / Acción del Comité Internacional de la Cruz Roja / Destinado a la distribución gratuita / 2. The security provided for in paragraph 1 may be Corinto .' 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 International Committee of the Red Cross 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 27 November 1978 . — moisture : 15% , — broken rice : 5 % maximum , 2. The closing date for the submission of tenders — chalky grains : 5 % maximum, shall be 27 November 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 International Committee of the Red Cross of the semi-milled long 1 . The prices offered must be expressed in the grain rice referred to in Article 1 must relate to a currency of the Member State in which the invitation to tender was issued . product with the following characteristics :
— moisture : 15% , 2. The rates used for converting into units of — broken rice : 5 % maximum, account those offers made in national currencies shall — chalky grains : 5 % maximum, be : — grains striated with red : 3 % maximum, — the central rate in cases where the relevant — spotted grains : 1 *5 % maximum, currency is held at any given moment within a — stained grains : 1 % maximum, band of 2-25 % , — yellow grains : 0.050 % maximum, — amber grains : 0.20 % maximum . — 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 Article 7 ately precedes the time limit for the submission of tenders . 1 . The Italian intervention agency shall be respon sible for the operations, relating to the invitation to Article 4 tender provided for by this Regulation.
The contract shall be awarded to the tenderer offering 2. It shall forthwith communicate to the Commis the best terms . sion the list of firms which have responded to the invi tation to tender, specifying the terms of each tender, However, if the tenders submitted do not appear to together with the name and business name of the correspond to normal market prices and costs, the successful tenderer. intervention agency may cancel the invitation to tender. 3. Where the customs export formalities for the mobilized product are completed in a Member State other than that in which the invitation to tender Article 5 is issued, the intervention agency of the latter Member 1 . The successful tenderer shall give security of a State shall be responsible for the operations following value of 10 units of account per tonne ; the security is tendering, including payment to the successful tenderer . intended to guarantee that the operations specified in
No L 318/28 11 . 11 . 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 for to the Commission as soon as it i§ 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 operation 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 this 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, 10 November 1978 . For the Commission Finn GUNDELACH Vice-President