31979R1231

23 . 6 . 79 No L 156 / 5 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1231 / 79 of 22 June 1979 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the League of Red Cross Societies

THE COMMISSION OF THE EUROPEAN Whereas the Commission must be informed quickly COMMUNITIES , of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to the Treaty establishing the European Economic Community, Whereas Council Regulation ( EEC) No 652/79 of 29 March 1979 (4 ) laid down the coefficient for Having regard to Council Regulation ( EEC) No expressing amounts, fixed in units of account, in 1418 /76 of 21 June 1976 on the common organiza­ ECU ; tion of the market in rice ('), as amended by Regula­ tion ( EEC) No 1 260 / 78 ( 2 ), Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Having regard to Council Regulation (EEC) No ment Committee for Cereals , 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3 ), and in particular Article 6 thereof,

Whereas on 8 May 1979 the Council of the European HAS ADOPTED THIS REGULATION : Communities declared that it proposed , by way of Community action , to grant the equivalent of 73 tonnes of husked rice ( in other words , 50 tonnes of Article 1 milled long grain rice) to the League of Red Cross Societies under its 1978 /79 food-aid programme ; 1 . Tenders are hereby invited for the supply to the Whereas pursuant to Article 3 (3) of Council Regula­ League of Red Cross Societies, by way of Community tion ( EEC) No 2750/ 75 the goods may be purchased food-aid action , of 50 tonnes of milled long grain rice . anywhere on the Community market ; 2 . The tendering procedure shall take place in Italy Whereas the proposed invitation to tender should be in one lot. The product shall be mobilized on the for supply of the products to the dock or in the Community market . The products shall be loaded for lighter where applicable at the port of unloading ; departure from any Community port .

Whereas in view of the different monetary circum­ 3 . The invitation to tender provided for in para­ stances in the Member States , the observation of these graph 1 is for supply of products to the dock , or in conditions is not guaranteed by the application of the lighter where applicable in the port of Dakar. 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 must be made to the tenderer offering the best terms ; cm , as well as the following :

Whereas provision should be made for security to be ' Riz blanchi / Don de la Communauté économique given for the purpose of guaranteeing that the obliga­ européenne / Action de la ligue des sociétés de la tions arising by virtue of participation in the invita­ Croix-Rouge / Pour distribution gratuite / Dakar.' tion to tender will be fulfilled ; To allow for the possibility of re-bagging, the Whereas the Italian intervention agency should be successful tenderer shall supply 2 % of new empty made responsible for the tendering procedure in ques­ sacks, of the same quality as those containing the tion ; goods but with the printing followed by a capital letter ' R '. (') OJ No L 166, 25 . 6 . 1976, p. 1 . (2 ) OJ No L 156, 14 . 6 . 1978 , p. 1 1 . (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . (4 ) OJ No L 84, 4. 4 . 1979, p. 1 .

No L 156 / 6 23 . 6 . 79 Official Journal of the European Communities

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 5 July 1 979 . — spotted grains : 1-5% maximum, — stained grains : 1 % maximum , 2 . The closing date for the submission of tenders — yellow grains : 0 050 % maximum , shall be 5 July 1979 at 12 noon . — amber grains : 0 20 % maximum . 3 . The notice of invitation to tender shall be published in the Official Journal of the European Rice not meeting these requirements shall be refused . Communities, not less than nine days before the closing date for the submission of tenders . 2. Tenders for supply of the milled long grain rice referred to in Article 1 must relate to a product with Article 3 the following characteristics :

1 . The prices offered must be expressed in the — moisture : 15% , currency of the Member State in which the invitation — broken rice : 5 % maximum , to tender was issued . — chalky grains : 5 % maximum , — 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 % , — in other cases, the average spot exchange rate Article 7 during the period from Wednesday of one week to 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 . sibly for the operations relating to the invitation to tender provided for by this Regulation .

Article 4 2 . It shall forthwith communicate to the Commis­ The contract shall be awarded to the tenderer offering sion the list of firms which have responded to the invi­ the best terms . tation to tender, specifying the terms of each tender together with the name and business name of the However, if the tenders submitted do not appear to successful tenderer . reflect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. 3 . Where the customs export formalities for the mobilized product are completed in a Member State Article 5 other than that in which the invitation to tender is issued, the intervention agency of the latter Member 1 . The successful tenderer shall give security of a State shall be responsible for the operations following value of 12 ECU per tonne ; the security is intended tendering, including payment to the successful to guarantee that the operations specified in Article 1 tenderer . are duly completed . The security shall be forfeit if those operations are not carried out within the pres­ cribed time limit, save as regards quantities not deliv­ In such case, the intervention agency choosing the ered owing to force majeure. successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and 2. The security provided for in paragraph 1 may be shall supply it with all the information which it may given in the form of a cash deposit or of a guarantee require . issued by a credit institution conforming to the criteria laid down by the Member - States . Furthermore, the amount of the successful tender shall be paid after it has been converted using the Article 6 average of the spot rates referred to in the second subparagraph of Article 3 (2) to the tenderer in the 1 . The milled long grain rice referred to in Article currency of the Member State in which the operations 1 must meet the following requirements : relating to the tendering are completed .

23 . 6 . 79 No L 156/7 Official Journal of the European Communities

4. The intervention agency shall ask that the tion agency which appoints the successful tenderer, it tenderer specifies the following information : shall send as soon as possible to the latter the informa­ tion necessary for releasing the security . (a) after each shipment, a statement giving details of the quantities loaded, the quality of the products Article 8 and their packaging ; (b) the date of the departure of the ships ; the As regards this tender the intervention agency is auth­ expected date of arrival of the products at their orized to make an initial payment of 80 % of the destination ; value of the quantity given in the bill of lading, on presentation of that document and subject to the (c) all possible contingencies which might occur taking of a security for an amount equal to the initial during transportation of the products . payment . The intervention agency shall transmit the informa­ tion provided for to the Commission as soon as it is Article 9 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 operations 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, 22 June 1979 . For the Commission

Finn GUNDELACH Vice-President