31978R3053

No L 361 /48 23 . 12. 78 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3053/78

of 22 December 1978

opening an invitation to tender for the mobilization of husked long grain rice as food aid for Caritas

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 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 last amended by Regu­ and of those accepted by the intervention agency ; lation (EEC) No 1 260/78 (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 Whereas on 25 March 1976 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 2 500 tonnes of Article 3 thereof ; husked long grain rice to the League of Red Cross Societies under its 1975/76 food-aid programmes ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Whereas pursuant to Article 3 (3) of Council Regula­ ment Committee for Cereals, tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ;

Whereas tenders should be invited for the supply of HAS ADOPTED THIS REGULATION : the product to the port of shipment in the vicinity of the vessel, the goods to be set down at the place nomi­ nated by the recipient or its agent ; Article 1

Whereas in view of the different monetary circum­ stances in the Member States, the observation of these 1 . Tenders are hereby invited for the supply to conditions is not guaranteed by the application of Caritas, by way of Community food-aid action, of exchange rates applicable in the framework of the 2 500 tonnes of husked 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. Whereas the award under the invitation to tender must be made to the tenderer offering the best terms ; 3 . The product referred to in paragraph 1 is to be delivered in new jute sacks of a net capacity of 50 kilo­ Whereas, should force majeure make it impossible to grams to the port of shipment in the vicinity of the complete the operation in question within the time vessel . The goods must be set down at the placc nomi­ limits specified, it must be made clear who is to bear nated by the recipient country or its agent, the timing the liability for any resulting costs ; of delivery being settled by the tenderer and the recip­ ient country's agent. (!) 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. (3 ) OJ No L 281 , 1 . 11 . 1975, p. 89 . (5) OJ No L 263 , 19 . 9 . 1973, p. 1 .

23 . 12 . 78 Official Journal of the European Communities No L 361 /49

Minimum weight of the sacks shall be 600 grams. The Article 6 following shall be printed on the sacks : 1 . The successful tenderer shall give security of a 'Riz décortiqué / Don de la Communauté écono­ value of 10 units of account per tonne ; the security is mique européenne / Pour distribution gratuite à Haïti intended to guarantee that the operations specified in / Port-au-Prince / Action de Cathwel '. Article 1 are duly completed. The security shall be forfeit if those operations are not carried out within To allow for the possibility of re-bagging, the the prescribed time limit, save as regards quantities successful tenderer shall supply 2 % of new empty not delivered owing to force majeure. sacks, of the same quality as those containing the goods but with the printing followed by a capital 2. The security provided for in paragraph 1 may be letter 'R'. in the form of a cash deposit or of a guarantee issued by a credit institution conforming to the criteria laid Article 2 down by the Member State .

1 . The decision on tenders received in response to Article 7 the invitation provided for in Article 1 shall be taken on 8 January 1979 . The husked long grain rice referred to in Article 1 to 2. The closing date for the submission of tenders be supplied to Caritas must meet the following re­ shall be 8 January 1979 at 12 noon . quirements :

3 . The notice of invitation to tender shall be (a) rice, free of odour, of a sound and fair marketable quality ; published in the Official Journal of the European Communities not less than nine days before the (b) moisture content : 1 5 % ; closing date for the submission of tenders. (c) percentage of rice grains which are not of unim­ paired quality : Article 3 — paddy grains : 1 % , 1 . The prices offered must be expressed in the — broken rice : 5 % , currency of the Member State in which the invitation — green grains or grains showing natural malfor­ to tender was issued . mation 5 % (including up to 0-5 % of red grains) ; 2. The rates used for converting into units of account those offers made in national currencies shall (d) tolerance of extraneous matter, consisting of : be : — mineral or vegetable inedible substances — the central rate in cases where the relevant provided that they are not toxic : 0-01 % , currency is held at any given moment within a band of 2-25 % , — extraneous grains or parts thereof, edible : 0-10 % ; — in other cases the average spot exchange rate during the period from Wednesday of one week to (e) when wholly milled, percentage of wholly milled Tuesday of the following week and which immedi­ rice grains which are not of unimpaired quality : ately precedes the time limit for the submission of tenders . — chalky grains : 5 % , — spotted grains : 1-5 % , Article 4 — yellow grains : 0-05 % , — stained grains : 1 % , The contract shall be awarded to the tenderer offering the best terms . — amber grains : 0-20 % .

However, if the tenders submitted do not appear to Rice not meeting these requirements shall be refused . correspond to normal market prices and costs, the intervention agency may cancel the invitation to Article 8 tender. 1 . The Italian intervention agency shall be respon­ Article 5 sible for the operations relating to the invitation to tender provided for by this Regulation . If the tenderer is unable to deliver the goods in compliance with Article 1 (3) on the date given in the 2 . It shall forthwith communicate to the Commis­ notice of invitation to tender as a result of the late sion the list of firms which have responded to the invi­ availability of the vessels to be used for sea transporta­ tation to tender, specifying the terms of each tender, tion, the resulting costs shall be borne by the interven­ together with the name and business name of the tion agency. successful tenderer.

No L 361 / 50 23 . 12. 78 Official Journal of the European Communities

3. Where the customs export formalities for the (b) the date of departure of the vessels. mobilized product are completed in a Member State The information indicated above shall be forwarded other than that in which the invitation to tender is by the intervention agency to the Commission imme­ issued, the intervention agency of the latter Member diately upon receipt. State shall be responsible for the operations following tendering, including payment to the successful 5 . When the intervention agency responsible for tenderer. the operations relating to tendering is not the interven­ tion agency which appoints the successful tenderer, it In such case, the intervention agency choosing the shall send as soon as possible to the latter the informa­ successful tenderer shall immediately inform the inter­ tion necessary for releasing the security. vention agency of the Member State concerned and shall supply it with all the information which it may Article 9 require . On delivery of the goods at the port of shipment, a Furthermore the amount of the successful tender shall handing-over certificate shall be supplied to the be paid after it has been converted using the average successful tenderer, acting as agent for the Commu­ of the spot rates referred to in the second subpara­ nity, by the agent of the recipient country or, in the graph of Article 3 (2) to the tenderer in the currency absence of the latter, by the intervention agency of the of the Member State in which the operations relating Member State in whose territory the port of shipment to the tendering are completed . is situated .

4. The intervention agency shall request the Article 10 successful tenderer to supply the following informa­ tion : This Regulation shall enter into force on the day of its (a) after each shipment a certificate showing the quan­ publication in the Official Journal of the European Communities. tities dispatched and the quality of the products ;

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 22 December 1978 .

For the Commission

Finn GUNDELACH

Vice-President