31979R1529
24 . 7 . 79 No L 186/7 Official Journal of the European Communities
COMMISSION REGULATION ( EEC) No 1529/79 of 20 July 1979 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the Comoros
THE COMMISSION OF THE EUROPEAN whereas the award under the invitation to tender COMMUNITIES, must be made to the tenderer offering the best terms ;
Having regard to the Treaty establishing the European Whereas, should force majeure make it impossible to Economic Community, complete the operation in question within the time limits specified, it must be made clear who is to bear Having regard to Council Regulation ( EEC) No the liability for any resulting costs ; 1418/76 of 21 June 1976 on the common organiza tion of the market in rice ( l ), as amended by Regula Whereas provision should be made for security to be tion ( EEC) No 1 260/78 (2), given for the purpose of guaranteeing that the obliga tions arising by virtue of participation in the invita Having regard to Council Regulation ( EEC) No tion to tender for supplies to the Comoros will be 2750/75 of 29 October 1975 laying down the condi fulfilled ; tions for the mobilization of cereals as food aid ( 3), and in particular Article 6 thereof, Whereas the Italian inj^rvention agency should be made responsible for the tendering procedure in ques Having regard to Council Regulation No 129 on the tion ; value of the unit of account and the exchange rates to be applied for the purposes of the common agricul tural policy (4), as last amended by Regulation (EEC) Whereas the Commission must be informed quickly No 2543/73 (5), and in particular Article 3 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 the measures provided for in this Regulation are in accordance with the opinion of the Manage Whereas on 8 May 1979 the Council of the European ment Committee for Cereals, Communities declared that it proposed, by way of Community action, to grant 931 tonnes of milled long grain rice to the Comoros under its 1978 /79 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 ; Article 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 ; Comoros, by way of Community food-aid action , of 931 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 in one lot. The products shall be mobilized on the exchange rates applicable in the framework of the Community market. The products shall be loaded for common agricultural policy since monetary compensa departure from any Community port. tory amounts do not apply in the rice sector ; whereas it is advisable to take account of the monetary situa 3 . The invitation to tender provided for in para tion as regards different offers ; graph 1 is for supply of products to the dock, or in the lighter where applicable, in the ports of : (!) 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 . 11 . 1975, p. 89 . — Moroni (450 tonnes), and (<) OJ No 106, .30 . 10 . 1962, p. 2553/62. (5) OJ No L 263, 19 . 9 . 1973, p. 1 . — Mutsamudu (481 tonnes).
No L 186 / 8 Official Journal of the European Communities 24 . 7 . 79
4. The successful tenderer shall deliver the product cnbed time limit, save as regards quantities not deliv specified in paragraph 1 in new jute sacks lined with ered owing to force majeure. cotton sacks of a net capacity of 50 kilograms . 2. The security provided for in paragraph 1 may be The 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 blanchi / Don de la Communauté économique criteria laid down by the Member State . européenne aux Comores'.
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 to be supplied to the Comoros must meet the letter ' R'. following requirements : — moisture : 15% , Article 2 — broken rice : 35 % 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 6 August 1979 . — 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 6 August 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 Comoros of the milled closing date for the submission of tenders. long grain rice referred to in Article 1 must relate to a product with the following characteristics : Article J — moisture : 15% , — broken rice : 35 % maximum , 1 . The prices offered must be expressed in the — chalky grains : 5 % maximum , currency of the Member State in which the invitation — grains striated with red : 3 % maximum , to tender was issued . — spotted grains : 1-5% maximum , — stained grains : 1 % maximum , 2 . The rates used for converting into units of account those offers made in national currencies shall — yellow grains : 0-050 % maximum , be : — amber grains : 0 20 % maximum .
— 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 duing 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 Article 4 together with the name and business name of the 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 However, if the tenders submitted do not appear to other than that in which the invitation to tender is 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 Article 5 tenderer .
1 . The successful tenderer shall give security of a In such case, the intervention agency choosing the value of 12 ECU per tonne ; the security is intended successful tenderer shall immediately inform the inter to guarantee that the operations specified in Article 1 vention agency of the Member State concerned and are duly completed . The security shall be forfeit if shall supply it with all the information which it may those operations are not carried out within the pres require .
24 . 7 . 79 Official Journal of the European Communities No L 186/9
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, 20 July 1979 . For the Commission
Finn GUNDELACH Vice-President