31979R1332

No L 162 / 94 Official Journal of the European Communities 30 . 6 . 79

COMMISSION REGULATION ( EEC) No 1332/ 79 of 29 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, 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 will be fulfilled ; tion of the market in rice ('), as amended by Regula­ tion ( EEC) No 1 260 /78 (2 ), Whereas the Italian intervention agency should be made responsible for the tendering procedure in ques­ Having regard to Council Regulation ( EEC) No tion ; 2750/ 75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3 ), and Whereas the Commission must be informed quickly in particular Article 6 thereof, of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to the opinion of the Monetary Committee , Whereas Council Regulation ( EEC) No 652/79 of 29 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 the equivalent of 280 tonnes of husked rice (in other words 193 tonnes of Whereas the measures provided for in this Regulation milled long grain rice) to the League of Red Cross are in accordance with the opinion of the Manage­ Societies 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 to the dock or in the Article 1 lighter where applicable at the port of unloading ;

1 . Tenders are hereby invited for the supply to the Whereas in view of the different monetary circum­ League of Red Cross Societies, by way of Community stances in the Member States, the observation of these food-aid action , of 193 tonnes of milled long grain conditions is not guaranteed by the application of rice . exchange rates applicable in the framework of the common agricultural policy since monetary compensa­ tory amounts do not apply in the rice sector ; whereas 2 . The tendering procedure shall take place in Italy it is advisable to take account of the monetary situa­ in one lot . The product shall be mobilized on the tion as regards different offers ; Community market . The products shall be loaded for departure from any Community port .

Whereas the award under the invitation to tender 3 . The invitation to tender provided for in para­ must be made to the tenderer offering the best terms ; graph 1 is for supply of products to the dock , or in the lighter where applicable , in the port of Suva . (') OJ No L 166 , 25 . 6 . 1976 , p. 1 . I1) OJ No L 156, 14. 6. 1978 , p. 1 1 . 3 OJ No L 281 , 1 . 11 . 1975, p. 89 . C ) OJ No L 84, 4 . 4. 1979 , p. 1 .

30 . 6 . 79 Official Journal of the European Communities No L 162 / 95

4. The successful tenderer shall deliver the product to guarantee that the opeations specified in Article 1 specified in paragraph 1 in new jute sacks lined with are duly completed . The security shall be forfeit if cotton sacks of a net capacity of 50 kilograms. those operations are not carried out within the pres­ cribed time limit, save as regards quantities not deliv­ The following shall be printed on the sacks : ered owing to force majeure.

'Milled rice / Gift of the European Economic Commu­ 2. The security provided for in paragraph 1 may be nity to Fiji / For free distribution / Suva .' given in the form of a cash deposit or of a guarantee To allow for the possibility of re-bagging, the issued by a credit institution conforming to the criteria laid down by the Member State . successful tender shall supply 2 % of new empty sacks, of the same quality as those containing the goods but with the printing followed by a capital letter ' R '. Article 6

1 . The milled long grain rice referred to in Article Article 2 1 must meet the following requirements : 1 . The decision on tenders received in response to — moisture : 15% , the invitation provided for in Article 1 shall be taken — broken rice : 5 % maximum , on 13 July 1979 . — chalky grains : 5 % maximum , — grains striated with red : 3 % maximum , 2. The closing date for the submission of tenders — spotted grains : 1-5% maximum , shall be 13 July 1979 at 12 noon . — stained grains : 1 % maximum , 3 . The notice of invitation to tender shall be — yellow grains : 0 050 % maximum , — amber grains : 0 20 % maximum . published in the Official Journal of the European Communities, not less than nine days before the Rice not meeting these requirements shall be refused . closing date for the submision of tenders.

2. Tenders for supply of the milled long grain rice Article 3 referred to in Article 1 must relate to a product with the following characteristics : 1 . The prices offered must be expressed in the currency of the Member State in which the invitation — moisture : 15% , to tender was issued . — broken rice : 5 % maximum , — chalky grains : 5 % maximum , 2. The rates used for converting into units of — grains striated with red : 3 % maximum , account those offers made in national currencies shall — spotted grains : 1-5% maximum , be : — stained grains : 1 % maximum , — the central rate in cases where the relevant — yellow grains : 0 050 % maximum , — 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 1 . The Italian intervention agency shall be respon­ ately precedes the time limit for the submission of tenders . sible for the operations relating to the invitation to tender provided for by this Regulation .

Article 4 2 . It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ The contract shall be awarded to the tenderer offering tation to tender, specifying the terms of each tender the best terms . together with the name and business name of the successful tenderer. However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ 3 . Where the customs export formalities for the tion agency may cancel the invitation to tender. mobilized product are completed in a Member State other than that in which the invitation to tender is Article 5 issued , the intervention agency of the latter Member State shall be responsible for the operations following 1 . The successful tenderer shall give security of a tendering, including payment to the successful tenderer . value of 12 ECU per tonne ; the security is intended

No L 162/ 96 Official Journal of the European Communities 30 . 6 . 79

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 . When 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 the second tion necessary for releasing the security . subparagraph of Article 3 ( 2) to the tenderer in the currency of the Member State in which the operations Article 8 relating to the tendering are 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, an presentation of that document and subject to the (a) after each shipment, a statement giving details of taking of a security for an amount equal to the initial the quantities loaded , the quality of the products payment . and their packaging ; (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 during transportation of the products. Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 29 June 1979 . For the Commission

Finn GUNDELACH Vice-President