31979R0206

3 . 2 . 79 No L 29/9 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 206/ 79 of 2 February 1979 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 provisions 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 for supplies to the International Committee of the Having regard to the Treaty establishing the European Red Cross ; Economic Community,

Whereas the Italian intervention agency should be Having regard to Council Regulation (EEC) No made responsible for the tendering procedure ; 1418/76 of 2.1 June 1976 on the common organiza­ tion of the market in rice ('), as last amended by Regu­ Whereas the Commission must be informed quickly lation (EEC) No 1 260/78 (2), of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi­ Whereas the measures provided for in this Regulation tions for the mobilization of cereals as food aid (3), and are in accordance with the opinion of the Manage­ in particular Article 6 thereof, ment Committee for Cereals,

Having regard to the opinion of the Monetary Committee ,

HAS ADOPTED THIS REGULATION : Whereas on 30 January 1978 the Council of the Euro­ pean Communities declared that it proposed, by way of Community action, to grant 500 tonnes of semi­ Article 1 milled long grain rice to the International Committee of the Red Cross under its 1977/78 food-aid programme ; 1 . Tenders are hereby invited for the supply to the International Committee of the Red Cross, by way of Community food-aid action, of 500 tonnes of semi­ Whereas pursuant to Article 3 (3) of Council Regula­ milled long grain rice. tion (EEC) No 2750/75 goods may be purchased anywhere on the Community market ; 2. The tendering procedure shall take place in Italy in one lot. Whereas the proposed invitation to tender should be for supply of the products delivered Beira, that is at The product shall be mobilized on the Community the moment when the goods are actually placed on market. Shipment shall be from any Community port. the dock or in the lighter where applicable ;

3 . The invitation to tender provided for in para­ Whereas in view of the different monetary circum­ graph 1 is for supply of products delivered Beira, that stances in the Member States, the observation of these is at the moment when the goods are actually placed conditions is not guaranteed by the application of on the dock or in the lighter where applicable . exchange rates applicable in the framework of the common agricultural policy since monetary compensa­ tory amounts do not apply in the rice sector ; whereas 4. The successful tenderer shall deliver the product it is advisable to take account of the monetary situa­ specified in paragraph 1 in new jute sacks lined with tion as regards different offers ; cotton sacks of a net capacity of 50 kilograms.

Whereas the award under the invitation to tender On the sacks shall be printed a red cross, 15 x 15 cm, as well as the following : must be made to the tenderer offering the best terms ;

'MZ— 16 / Rice / Gift of the EEC / Action of the ( 1 ) OJ No L 166, 25 . 6. 1976, p. 1 . International Committee of the Red Cross / For free (2) OJ No L 156, 14. 6. 1978 , p. 11 . (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . distribution / Beira'.

No L 29 / 10 3 . 2 . 79 Official Journal of the European Communities

To allow for the possibility of re-bagging, the Article 6 successful tenderer shall supply 2 % of new empty 1 . The semi-milled long grain rice referred to in sacks, of the same quality as those containing the Article 1 to be supplied to the International goods but with the printing followed by a capital letter *R\ Committee of the Red Cross must meet the following requirements : Article 2 — moisture : 15 % , — broken rice : 5 % maximum, 1 . The decision on tenders received in response to — chalky grains : 5 % maximum, the invitation provided for in Article 1 shall be taken — grains striated with red : 3 % maximum, on 19 February 1979. — spotted grains : 1 -5 % maximum, 2. The closing date for the submission of tenders — stained grains : 1 % maximum, shall be 19 February 1979 at 12 noon . — yellow grains : 0-050 % maximum, 3 . The notice of invitation to tender shall be — amber grains : 0-20 % maximum. published in the Official Journal of the European Communities, not less than nine days before the Rice not meeting these requirements shall be refused. closing date for the submission of tenders. 2. Tenders for supply to the International Committee of the Red Cross of the semi-milled long Article 3 grain rice referred to in Article 1 must relate to a product with the following characteristics : 1 . The prices offered must be expressed in the — moisture : 15% , currency of the Member State in which the invitation to tender was issued. — broken rice : 5 % maximum, — chalky grains : 5 % maximum, 2. The rates used for converting into units of account those offers made in national currencies shall — grains striated with red : 3 % maximum, be : — spotted grains : 1 -5 % maximum, — the central rate in cases where the relevant — stained grains : 1 % maximum, currency is held at any given moment within a — yellow grains : 0*050 % maximum, band of 2-25 % , — amber grains : 0-20 % maximum. — in other cases, the average spot exchange rate during the period from Wednesday of one week to Article 7 Tuesday of the following week and which immedi­ ately precedes the time limit for the submission of 1 . The Italian intervention agency shall be respon­ tenders . sible for the operations relating to the invitation to tender provided for by this Regulation. Article 4 2. It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ The contract shall be awarded to the tenderer offering the best terms . tation to tender, specifying the terms of each tender, together with the name and business name of the successful tenderer. However, if the tenders submitted do not appear to correspond to normal market prices and costs, the 3 . Where the customs export formalities for the intervention agency may cancel the invitation to mobilized product are completed in a Member State tender. other than that in which the invitation to tender is issued, the intervention agency of the latter Member Article 5 State shall be responsible for the operations following tendering, including payment to the successful 1 . The successful tenderer shall give security of a tenderer. value of 10 units of account per tonne ; the security is intended to guarantee that the operations specified in In such case, the intervention agency choosing the Article 1 are duly completed. The security shall be successful tenderer shall immediately inform the inter­ forfeit if those operations are not carried out within vention agency of the Member State concerned and the prescribed time limit, save as regards quantities shall supply it with all the information which it may not delivered owing to force majeure. require.

2. The security provided for in paragraph 1 may be Furthermore, the amount of the successful tender given in the form of a cash deposit or of a guarantee shall be paid after it has been converted using the issued by a credit institution conforming to the average of the spot rates referred to in the second criteria laid down by the Member State. subparagraph of Article 3 (2) to the tenderer in the

3 . 2. 79 No L 29/ 11 Official Journal of the European Communities

currency of the Member State in which the operations tion agency which appoints the successful tenderer, it relating to the tendering are completed. shall send as soon as possible to the latter the informa­ tion necessary for releasing the security. 4. The intervention agency shall ask that the tenderer specifies the following information : (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 orized to make an initial payment of 80 % of the (b) the date of the departure of the ships ; the value of the quantity given in the bill of lading, on expected date of arrival of the products at their presentation of that document and subject to the destination ; taking of a security for an amount equal to the initial (c) all possible contingencies which might occur payment. during transportation of the products.

The intervention agency shall transmit the informa­ Article 9 tion provided for to the Commission as soon as it is received . This Regulation shall enter into force on the day of its 5. When the intervention agency responsible for publication in the Official Journal of the European Communities. the operation relating to tendering is not the interven­

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

Done at Brussels, 2 February 1979.

For the Commission

Finn GUNDELACH

Vice-President