31978R2637

No L 318/32 11 . 11 . 78 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2637/78 of 10 November 1978 opening an invitation to tender for the mobilization of husked 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 to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ; Having regard to the Treaty establishing the European Whereas the Italian intervention agency should be Economic Community, made responsible for the tendering procedure ;

Having regard to Council Regulation (EEC) No Whereas the Commission must be informed quickly 1418/76 of 21 June 1976 on the common organiza­ of the tenders submitted in response to the invitation tion of the market in rice (!), as amended by Regula­ and of those accepted by the intervention agency ; tion (EEC) No 1260/78 (2),

Whereas the Monetary Committee will be consulted ; Having regard to Council Regulation (EEC) No whereas, in view of the urgency, the measures envis­ 2750/75 of 29 October 1975 laying down the condi­ aged should be adopted in accordance with the condi­ tions for the mobilization of cereals as food aid (3), and tions laid down in Article 3 (2) of Council Regulation in particular Article 6 thereof, No 129 on the value of the unit of account and the exchange rates to be applied for the purposes of the common agricultural policy (4), as last amended by Whereas on 30 January 1978 the Council of the Euro­ Regulation (EEC) No 2543/73 (5), and in particular pean Communities declared that it proposed, by way Article 3 thereof ; of Community action, to grant 100 tonnes of husked long grain rice to the League of Red Cross Societies Whereas the measures provided for in this Regulation under its 1977/78 food-aid programmes ; are in accordance with the opinion of the Manage­ 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 to the dock or in the lighter where applicable at the port of unloading ; 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 League of Red Cross Societies, by way of Community conditions is not guaranteed by the application of food-aid action, of 100 tonnes of husked 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. tion as regards different offers ; The products shall be mobilized on the Community Whereas the award under the invitation to tender market. must be made to the tenderer offering the best terms ; Shipment shall be from a Community port. Whereas, should force majeure make it impossible to 3. The invitation to tender provided for in para­ complete the operation in question within the time limits specified, it must be made clear who is to bear graph 1 is for supply of products to the dock, or in the liability for any resulting costs ; the lighter where applicable in the port of Port-Au­ Prince . (') OJ No L 166, 25. 6. 1976, p. 1 . i) 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. (») OJ No L 263, 19. 9 . 1973, p. 1 .

11 . 11 . 78 Official Journal of the European Communities No L 318/33

4. The successful tenderer shall deliver the product intervention agency may cancel the invitation to specified in paragraph 1 in new jute sacks of a net tender. capacity of 50 kilograms. Article 5 Minimum weight of the sacks shall be 600 grams. The following shall be printed on the sacks : 1 . The successful tenderer shall give security of a A red cross, 15 x 15 cm followed by : value of 1 0 units of account per tonne. The security is intended to guarantee that the operations specified in 'Riz décortiqué / Don de la Communauté écono­ Article 1 are duly completed. The security shall be mique européenne / Action de la Ligue des Sociétés forfeit if those operations are not carried out within de la Croix-Rouge / À distribuer gratuitement / Port­ the prescribed time limit, save as regards quantities au-Prince.' not delivered owing to force majeure. To allow for the possibility of re-bagging, the 2. The security provided for in paragraph 1 may be successful tenderer shall supply 2 % of new empty given in the form of a cash deposit or of a guarantee sacks, of the same quality as those containing the issued by a credit institution conforming to the goods but with the printing followed by a capital criteria laid down by the Member State. letter ' R\

Article 6 Article 2 The husked long grain rice referred to in Article 1 to 1 . The decision on tenders received in response to be supplied to the League of Red Cross Societies must the invitation provided for in Article 1 shall be taken on 27 November 1978 . meet the following requirements : (a) rice, free of odour, of a sound and fair marketable 2. The closing date for the submission of tenders quality ; shall be 27 November 1978 at 12 noon . (b) moisture content : 1 5 % ; 3 . The notice of invitation to tender shall be (c) percentage of rice grains which are not of unim­ published in the Official Journal of the European paired quality : Communities not less than nine days before the — paddy grains : 1 % , closing date for the submission of tenders. — broken rice : 5 % , Article 3 — green grains or grains showing natural malfor­ mation 5 % (including up to 0-5 % of red 1 . The prices offered must be expressed in the grains) ; currency of the Member State in which the invitation (d) tolerance of extraneous matter, consisting of : to tender was issued . — mineral or vegetable inedible substances provided that they are not toxic : 0-01 %, 2. For the purpose of rendering the tenders compar­ able, the prices shall, where appropriate, be corrected — extraneous grains or parts thereof, edible : by the monetary compensatory amount applicable on 0-10 % ; the closing date for submission of tenders to exports (e) when wholly milled, percentage of wholly milled from the Member State mentioned in the tender . rice grains which are not of unimpaired quality : 3 . The rates used for converting into units of — chalky grains : 5 % , account those offers made in national currencies shall — spotted grains : 1-5 % , be : — yellow grains : 0-05 % , — the central rate in cases where the relevant — stained grains : 1 % , currency is held at any given moment within a — amber grains : 0-20 % . band of 2-25 % , — in other cases, the average spot exchange rate Rice not meeting these requirements shall be refused. 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 offers . 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 .

2. It shall forthwith communicate to the Commis­ The contract shall be awarded to the tenderer offering 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.

No L 318 /34 11 . 11 . 78 Official Journal of the European Communities

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 for 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 (3) 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 tenderer specifies the following information : payment. (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, 10 November 1978 .

For the Commission

Finn GUNDELACH Vice-President