31979R1233

23 . 6 . 79 Official Journal of the European Communities No L 156/ 11

COMMISSION REGULATION ( EEC) No 1233 / 79

of 22 June 1979

opening an invitation to tender for the mobilization of semi-milled long grain rice as food aid for the Socialist Republic of Vietnam

THE COMMISSION OF THE EUROPEAN limits specified , it must be made clear who is to bear COMMUNITIES, the liability for any resulting costs ;

Whereas provision should be made for security to be Having regard to the Treaty establishing the European given to guarantee fulfilment of the obligations arising Economic Community, by virtue of participation in the invitation to tender ;

Having regard to Council Regulation ( EEC) No Whereas the Italian intervention agency should be 1418 /76 of 21 June 1976 on the common organiza­ made responsible for the tendering procedure ; tion of the market in rice ('), as amended by Regula­ tion ( EEC) No 1 260 / 78 (2 ), Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to Council Regulation ( EEC) No and of those accepted by the intervention agency ; 2750 /75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3 ), and Whereas Council Regulation ( EEC) No 652/79 of 29 in particular Article 6 thereof, March 1 979 (4 ) laid down the coefficient for expressing amounts , fixed in units of account, in Whereas on 8 May 1979 the Council of the European ECU ; Communities declared that it proposed, by way of Community action , to grant 8 000 tonnes of semi­ Whereas the measures provided for in this Regulation milled long grain rice to the Socialist Republic of are in accordance with the opinion of the Manage­ Vietnam under its 1978 /79 food-aid programme ; ment Committee for Cereals,

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

Whereas the proposed invitation to tender should be for supply of the products delivered Haiphong, that is Article 1 at the moment when the goods are actually placed on the dock or in the lighter where applicable ; 1 . Tenders are hereby invited for the supply to the Socialist Republic of Vietnam , by way of Community Whereas in view of the different monetary circum­ food-aid action , of 8 000 tonnes of semi-milled long stances in the Member States, the observation of these grain rice . conditions is not guaranteed by the application of exchange rates applicable in the framework of the 2. The tendering procedure shall take place in Italy common agricultural policy since monetary compensa­ in one lot of 8 000 tonnes . tory amounts do not apply in the rice sector ; whereas it is advisable to take account of the monetary situa­ tion as regards different offers ; The products shall be mobilized on the Community market .

Whereas the award under the invitation to tender must be made to the tenderer offering the best terms ; Shipment shall be from a Community port.

3 . The invitation to tender provided for in para­ Whereas, should force majeure make it impossible to graph 1 is for supply of products delivered Haiphong, complete the operation in question within the time that is at the moment when the goods are actually placed on the dock or in the lighter where applicable . (') OJ No L 166, 25 . 6 . 1976 , p. 1 . (2 ) OJ No L 156, 14. 6. 1978 , p. 11 . (3) OJ No L 281 , 1 . 1 1 . 1975, p. 89 . (4 ) OJ No L 84, 4 . 4. 1979 , p. 1 .

No L 156/ 12 Official Journal of the European Communities 23 . 6 . 79

4 . The successful tenderer shall deliver the product Article 5 specified in paragraph 1 in new jute sacks of a net 1 . The successful tenderer shall give security of a capacity of 50 kilograms . value of 12 ECU per tonne ; the security is intended Minimum weight of the sacks shall be 600 grams . The to guarantee that the operations specified in Article 1 following shall be printed on the sacks : are duly completed . The security shall be forfeit if those operations are not carried out within the pres­ ' Riz semi-blanchi / Don de la Communauté écono­ cribed time limt, save as regards quantities not deliv­ mique européenne au Viêt-nam / A distribuer gratuite­ ered owing to force majeure. ment.' 2 . The security provided for in paragraph 1 may be To allow for the possibility of re-bagging, the given in the form of a cash deposit or of a guarantee successful tenderer shall supply 2 % of new empty issued by a credit institution conforming to the sacks, of the same quality as those containing the criteria laid down by the Member State . goods but with the printing followed by a capital letter ' R '. Article 6

Article 2 The semi-milled long grain rice referred to in Article 1 to be supplied to the Socialist Republic of Vietnam 1 . The decision on tenders received in response to must meet the following requirements : the invitation provided for in Article 1 shall be taken — moisture : 15% , on 5 July 1979 . — broken rice : 5 % maximum , 2 . The closing date for the submission of tenders — chalky grains : 5 % maximum , shall be 5 July 1979 at 12 noon . — grains striated with red : 3 % maximum , 3 . The notice of invitation to tender shall be — spotted grains : 15% maximum , published in the Official Journal of the European — stained grains : 1 % maximum , Communities, not less than nine days before the — yellow grains 0 050 % maximum , closing date for the submission of tenders. — amber grains : 0 20 % maximum .

Article 3 Rice not meeting these requirements shall be refused .

1 . The prices offered must be expressed in the Article 7 currency of the Member State in which the invitation to tender was issued . 1 . The Italian intervention agency shall be respon­ sible for the operations relating to the invitation to 2. For the purpose of rendering the tenders compar­ tender provided for by this Regulation . able, the prices shall , where appropriate , be corrected by the accession compensatory amount applicable on 2 . It shall forthwith communicate to the Commis­ the closing date for submission of tenders to exports sion the list of firms which have responded to the invi­ from the Member State mentioned in the tender . tation to tender, specifying the terms of each tender, together with the name and business name of the 3 . The rates used for converting into units of successful tenderer . account those offers made in national currencies shall be : 3 . Where the customs export formalities for the — the central rate in cases where the relevant mobilized product are completed in a Member State other than that in which the invitation to tender is currency is held at any given moment within a band of 2-25 % , issued , the intervention agency of the latter Member State shall be responsible for the operations following — in other cases, the average spot exchange rate tendering, including payment to the successful ten­ during the period from Wednesday of one week to derer . Tuesday of the following week and which immedi­ ately precedes the time limit for the submission of In such case, the intervention agency choosing the offers . successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and Article 4 shall supply it with all the information which it may require . The contract shall be awarded to the tenderer offering Furthermore , the amount of the successful tender the best terms . shall be paid after it has been converted using the However, if the tenders submitted do not appear to average of the spot rates referred to in the second correspond to normal market prices and costs , the subparagraph of Article 3 (3 ) to the tenderer in the intervention agency may cancel the invitation to currency of the Member State in which the operations tender . relating to the tendering are completed .

23 . 6 . 79 Official Journal of the European Communities No L 156 / 13

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 s.oon 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