31979R1232

No L 156/ 8 Official Journal of the European Communities 23 . 6 . 79

COMMISSION REGULATION ( EEC) No 1232 / 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 100 tonnes of milled long grain rice to the League of Red Cross Societies under its 1978 /79 food-aid programme ; Article 1 Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased 1 . Tenders are hereby invited for the supply to the anywhere on the Community market ; League of Red Cross Societies, by way of Community food-aid action , of 100 tonnes of milled long grain rice . Whereas the proposed invitation to tender should be for supply of the products delivered Nouakchott ;

2 . The tendering procedure shall take place in Italy Whereas in view of the different monetary circum­ in one lot. The product shall be mobilized on the stances in the Member States, the observation of these Community market . The products shall be loaded for conditions is not guaranteed by the application of departure from any Community port . exchange rates applicable in the framework of the common agricultural policy since monetary compensa­ tory amounts do not apply in the rice sector ; whereas 3 . The invitation to tender provided for in para­ it is advisable to take account of the monetary situa­ graph 1 is for supply of products delivered Nouakchott via Dakar . tion as regards different offers ;

Whereas the award under the invitation to tender 4. The successful tenderer shall deliver the product must be made to the tenderer offering the best terms ; specified in paragraph 1 in new jute sacks lined with cotton sacks of a net capacity of 50 kilograms. Whereas provision should be made for security to be given for the purpose of guaranteeing that the obliga­ On the sacks shall be printed a red crescent 15 cm tions arising by virtue of participation in the invita­ high with the points facing to the left as well as the tion to tender will be fulfilled ; following : Whereas the Italian intervention agency should be ' Riz blanchi / Don de la Communauté économique made responsible for the tendering procedure in ques­ européenne / Action de la ligue des sociétés de la tion ; Croix-Rouge / Pour distribution gratuite / Nouakchott .' (') OJ No L 166, 25 . 6 . 1976, p. 1 . (-) 0 | No L 156 , 14 . 6 . 1978 , p. 1 1 . (-') OJ No L 281 , 1 . 1 1 . 1975, p. 89 . (4 ) OJ No L 84, 4 . 4. 1979 , p. 1 .

23 . 6 . 79 Official Journal of the European Communities No L 156 / 9

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 1 . The milled long grain rice referred to in Article goods but with the printing followed by a capital 1 must meet the following requirements : letter ' R.' — moisture : 1 5 % , — broken rice : 5 % maximum , Article 2 — chalky grains : 5 % maximum , — grains striated with red : 3 % maximum , 1 . The decision on tenders received in response to — spotted grains : 1-5% maximum , the invitation provided for in Article 1 shall be taken — stained grains : 1 % maximum , on 5 July 1979 . — yellow grains : 0-050 % maximum , — amber grains : 0-20 % maximum . 2. The closing date for the submission of tenders shall be 5 July 1979 at 12 noon . Rice not meeting these requirements shall be refused . 3 . The notice of invitation to tender shall be published in the Official Journal of the European 2 . Tenders for supply of the milled long grain rice Communities, not less than nine days before the referred to in Article 1 must relate to a product with closing date for the submission of tenders . the following characteristics :

— moisture : 15% , Article 3 — broken rice : 5 % maximum , — chalky grains : 5 % maximum , 1 . The prices offered must be expressed in the — grains striated with red : 3 % maximum , currency of the Member State in which the invitation — spotted grains : 1-5% maximum , to tender was issued . — stained grains : 1 % maximum , — yellow grains : 0-050 % maximum , 2 . The rates used for converting into units of account those offers made in national currencies shall — amber grains : 0-20 % maximum . be : — the central rate in cases where the relevant Article 7 currency is held at any given moment within a band of 2-25 % , 1 . The Italian intervention agency shall be respon­ — in other cases, the average spot exchange rate sible for the operations relating to the invitation to during the period from Wednesday of one week to tender provided for by this Regulation . Tuesday of the following week and which immedi­ ately precedes the time limit for the submission of 2 . It shall forthwith communicate to the Commis­ tenders . sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender together with the name and business name of the Article 4 successful tenderer . The contract shall be awarded to the tenderer offering the best terms . 3 . Where the customs export formalities for the mobilized product are completed in a Member State other than that in which the invitation to tender is However, if the tenders submitted do not appear to reflect normal market prices and costs , the interven­ issued , the intervention agency of the latter Member tion agency may cancel the invitation to tender. State shall be responsible for the operations following tendering, including payment to the successful tenderer . Article 5 In such case, the intervention agency choosing the 1 . The successful tenderer shall give security of a successful tenderer shall immediately inform the inter­ value of 12 ECU per tonne ; the security is intended vention agency of the Member State concerned and to guarantee that the operations specified in Article 1 shall supply it with all the information which it may are duly completed . The security shall be forfeit if require . those operations are not carried out within the pres­ cribed time limit, save as regards quantities not deliv­ Furthermore , the amount of the successful tender ered owing to force majeure. shall be paid after it has been converted using the 2 . The security provided for in paragraph 1 may be average of the spot rates referred to in the second given in the form of a cash deposit or of a guarantee subparagraph of Article 3 (2) to the tenderer in the issued by a credit institution conforming to the currency of the Member State in which the operations criteria laid down by the Member State . relating to the tendering are completed .

No L 156/ 10 23 . 6 . 79 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 the operations relating to tendering is not the interven­ Communities.

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