31979R0208

3 . 2 . 79 No L 29/ 15 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 208 /79

of 2 February 1979

opening an invitation to tender for the mobilization of milled long grain rice as food aid for the Republic of Guinea

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 for the purpose of guaranteeing that the obliga­ Having regard to Council Regulation (EEC) No tions arising by virtue of participation in the invita­ 1418 /76 of 21 June 1976 on the common organiza­ tion to tender for supplies to the Republic of Guinea tion of the market in rice (>), as amended by Regula­ will be fulfilled ; tion (EEC) No 1260 /78 (2),

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

Whereas the measures provided for in this Regulation Whereas on 21 December 1978 the Council of the are in accordance with the opinion of the Manage­ European Communities declared that it proposed, by ment Committee for Cereals, way of Community action , to grant the equivalent of 500 tonnes of husked rice (in other words, 345 tonnes of milled long grain rice) to the Republic of Guinea under its 1976/77 food-aid programme ;

HAS ADOPTED THIS REGULATION : Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ;

A rticle 1 Whereas the proposed invitation to tender should be for supply of the products to the dock or in the 1 . Tenders are hereby invited for the supply to the lighter where applicable at the port of unloading ; Republic of Guinea by way of Community food-aid action, of 345 tonnes of 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 exchange rates applicable in the framework of the in one lot. The product shall be mobilized on the Community market. The products shall be loaded for common agricultural policy since monetary compensa­ tory amounts do not apply in the rice sector ; whereas departure from any 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 Conakry. 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.

No L 29 / 16 3 . 2. 79 Official Journal of the European Communities

Minimum weight of the sacks shall be 600 grams. The 2. The security provided for in paragraph 1 may be following shall be printed on the sacks : given in the form of a cash deposit or of a guarantee issued by a credit institution conforming to the 'Riz — Don de la Communauté économique euro­ criteria laid down by the Member State. péenne à la République de Guinée / À distribuer gra­ tuitement.' Article 6 To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty 1 . The milled long grain rice referred to in Article sacks, of the same quality as those containing the 1 to be supplied to the Republic of Guinea must meet goods but with the printing followed by a capital the following requirements : letter 'R'. — moisture : 15 % , — broken rice : 5 % maximum, Article 2 — chalky grains : 5 % maximum, 1 . The decision on tenders received in response to — grains striated with red : 3 % maximum, the invitation provided for in Article 1 shall be taken — spotted grains : 1 -5 % maximum, on 19 February 1979 . — stained grains : 1 % maximum, 2. The closing date for the submission of tenders — yellow grains : 0*050 % maximum, shall be 19 February 1979 at 12 noon . — amber grains : 0-20 % maximum . 3 . The notice of invitation to tender shall be Rice not meeting these requirements shall be refused. published in the Official Journal of the European Communities, not less than nine days before the 2. Tenders for supply to the Republic of Guinea of closing date for the submission of tenders. the milled long grain rice referred to in Article 1 must relate to a product with the following characteristics : Article 3 — moisture : 15% , 1 . The prices offered must be expressed in the — broken rice : 5 % maximum, currency of the Member State in which the invitation — chalky grains : 5 % maximum, to tender was issued . — grains striated with red : 3 % maximum, 2. The rates used for converting into units of — spotted grains : 1 -5 % maximum, account those offers made in national currencies shall — stained grains : 1 % maximum, be : — yellow grains : 0*050 % maximum, — the central rate in cases where the relevant — amber grains : 0*20 % maximum. currency is held at any given moment within a band of 2*25 % , Article 7 — in other cases, the average spot exchange rate during the period from Wednesday of one week to 1 . ' The Italian intervention agency shall be respon­ Tuesday of the following week and which immedi­ sible for the operations relating to the invitation to ately precedes the time limit for the submission of tender provided for by this Regulation. tenders .

2 . It shall forthwith communicate to the Commis­ Article 4 sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender The contract shall be awarded to the tenderer offering together with the name and business name of the the best terms . successful tenderer.

However, if the tenders submitted do not appear to 3 . Where the customs export formalities for the reflect normal market prices and costs, the interven­ mobilized product are completed in a Member State tion agency may cancel the invitation to 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.

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Furthermore, the amount of the successful tender 5. When the intervention agency responsible for shall be paid after it has been converted using the the operations relating to tendering is not the interven­ average of the spot rates referred to in the second tion agency which appoints the successful tenderer, it subparagraph of Article 3 (2) to the tenderer in the shall send as soon as possible to the latter the informa­ currency of the Member State in which the operations tion necessary for releasing the security. relating to the tendering are completed.

4. The intervention agency shall ask that the Article 8 tenderer specifies the following information : As regards this tender the intervention agency is auth­ (a) after each shipment, a statement giving details of orized to make an initial payment of 80 % of the the quantities loaded, the quality of the products value of the quantity given in the bill of lading, on and their packaging ; presentation of that document and subject to the (b) the date of the departure of the ships ; the taking of a security for an amount equal to the initial expected date of arrival of the products at their payment. destination ;

(c) all possible contingencies which might occur Article 9 during transportation of the products.

The intervention agency shall transmit the informa­ This Regulation shall enter into force on the day of its tion provided for to the Commission as soon as it is publication in the Official Journal of the European received . Communities.

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