31979R0207

No L 29 / 12 Official Journal of the European Communities 3 . 2. 79

COMMISSION REGULATION (EEC) No 207 /79 of 2 February 1979 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, should force majeure make it impossible to COMMUNITIES, complete the operation in question within the time limits specified, it must be made clear who is to bear the liability for any resulting costs ; Having regard to the Treaty establishing the European Economic Community, Whereas provision should be made for security to be given to guarantee fulfilment of the obligations arising Having regard to Council Regulation (EEC) No by virtue of participation in the invitation to tender ; 1418 /76 of 21 June 1976 on the common organiza­ tion of the market in rice (*), as amended by Regula­ Whereas the Italian intervention agency should be tion (EEC) No 1260/78 (2), made responsible for the tendering procedure ;

Having regard to Council Regulation (EEC) No Whereas the Commission must be informed quickly 2750/75 of 29 October 1975 laying down the condi­ of the tenders submitted in response to the invitation tions for the mobilization of cereals as food aid (3), and and of those accepted by the intervention agency ; in particular Article 6 thereof,

Whereas the measures provided for in this Regulation Having regard to the opinion of the Monetary are in accordance with the opinion of the Manage­ Committee, ment Committee for Cereals,

Whereas on 30 January 1978 the Council of the Euro­ pean Communities declared that it proposed, by way of Community action, to grant 137-5 tonnes of HAS ADOPTED THIS REGULATION : husked long grain rice to the League of Red Cross Societies under its 1977/78 food-aid programmes ;

Article 1 Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ; 1 . Tenders are hereby invited for the supply to the League of Red Cross Societies, by way of Community food-aid action, of 137-5 tonnes of husked long grain Whereas the proposed invitation to tender should be rice . for supply of the products to the dock or in the lighter where applicable at the port of unloading ; 2. The tendering procedure shall take place in Italy in one lot . Whereas in view of the different monetary circum­ stances in the Member States, the observation of these The products shall be mobilized on the Community conditions is not guaranteed by the application of market. exchange rates applicable in the framework of the common agricultural policy since monetary compensa­ tory amounts do not apply in the rice sector ; whereas Shipment shall be from a Community port. it is advisable to take account of the monetary situa­ tion as regards different offers ; 3 . The invitation to tender provided for in para­ graph 1 is for supply of products to the dock, or in Whereas the award under the invitation to tender the lighter where applicable, in the port of Boma. must be made to the tenderer offering the best terms ;

4. The successful tenderer shall deliver the product (!) OJ No L 166, 25 . 6. 1976, p. 1 . ( 2) OJ No L 156, 14. 6 . 1978 , p. 11 . specified in paragraph 1 in new jute sacks of a net 3) OJ No L 281 , 1 . 11 . 1975, p. 89 . capacity of 50 kilograms.

3 . 2 . 79 No L 29/ 13 Official Journal of the European Communities

Minimum weight of the sacks shall be 600 grams. The forfeit if those operations are not carried out within following shall be printed on the sacks : the prescribed time limit, save as regards quantities not delivered owing to force majeure. A red cross, 15 x 15 cm followed by : Riz décortiqué / Don de la Communauté écono­ 2. The security provided for in paragraph 1 may be mique européenne / Action de la Ligue des sociétés given in the form of a cash deposit or of a guarantee de la Croix-Rouge / À distribuer gratuitement / issued by a credit institution conforming to the Borna.' criteria laid down by the Member State.

To allow for the possibility of re-bagging, the Article 6 successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the The husked long grain rice referred to in Article 1 to goods but with the printing followed by a capital be supplied to the League of Red Cross Societies must letter 'R\ meet the following requirements : (a) rice, free of odour, of a sound and fair marketable Article 2 quality ; 1 . The decision on tenders received in response to (b) moisture content : 1 5 % ; the invitation provided for in Article 1 shall be taken (c) percentagie of rice grains which are not of unim­ on 19 February 1979. paired quality : 2. The closing date for the submission of tenders — paddy grains : 1 % , shall be 19 February 1979 at 12 noon. — broken rice : 5 % , 3 . The notice of invitation to tender shall be — green grains or grains showing natural malfor­ published in the Official Journal of the European mation 5 % (including up to 0-5 % of red Communities not less than nine days before the grains) ; closing date for the submission of tenders. (d) tolerance of extraneous matter, consisting of : — mineral or vegetable inedible substances Article 3 provided that they are not toxic : 0 01 % , 1 . The prices offered must be expressed in the — extraneous grains or parts thereof, edible : currency of the Member State in which the invitation 010 % ; to tender was issued . (e) when wholly milled, percentage of wholly milled 2. The rates used for converting into units of rice grains which are not of unimpaired quality : account those offers made in national currencies shall — chalky grains : 5 % , be : — spotted grains : 1-5 % , — the central rate in cases where the relevant — yellow grains : 0-05 % , currency is held at any given moment within a — stained grains : 1 % , band of 2-25 % , — amber grains : 0*20 % . — in other cases, the average spot exchange rate during the period from Wednesday of one week to Rice not meeting these requirements shall be refused. Tuesday of the following week and which immedi­ ately precedes the time limit for the submission of Article 7 offers . 1 . The Italian intervention agency shall be respon­ At ticle 4 sible for the operations relating to the invitation to tender provided for by this Regulation. The contract shall be awarded to the tenderer offering the best terms . 2. It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ However, if the tenders submitted do not appear to tation to tender, specifying the terms of each tender, correspond to normal market prices and costs, the together with the name and business name of the intervention agency may cancel the invitation to successful tenderer. tender . 3. Where the customs export formalities for the Article J mobilized product are completed in a Member State other than that in which the invitation to tender is 1 . The successful tenderer shall give security of a issued, the intervention agency of the latter Member value of 10 units of account per tonne. The security is State shall be responsible for the operations following intended to guarantee that the operations specified in tendering, including payment to the successful Article 1 are duly completed. The security shall be tenderer.

No L 29 / 14 3 . 2 . 79 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 is vention agency of the Member State concerned and received . shall supply it with all the information which it may 5 . Where the intervention agency responsible for require. the operations 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 Article 3 (2) to tion necessary for releasing the security. the tenderer in the currency of the Member State in which the operations relating to the tendering are Article 8 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 (a) after each shipment, a statement giving details of presentation of that document and subject to the the quantities loaded, the quality of the products taking of a security for an amount equal to the initial and their packaging ; payment. (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, 2 February 1979 . For the Commission

Finn GUNDELACH Vice-President