31979R1631
28 . 7 . 79 No L 190/41 Official Journal of the European Communities
COMMISSION REGULATION ( EEC) No 1631 /79 of 27 July 1979 opening an invitation to tender for the mobilization of semi-muled long grain rice as food aid for the United Nations High Commission for Refugees
THE COMMISSION OF THE EUROPEAN tory amounts do not apply in the rice sector ; whereas COMMUNITIES , it is advisable to take account of the monetary situa tion as regards different offers ; Having regard to the Treaty establishing the European Economic Community, Whereas the award under the invitation to tender must be made to the tenderer offering the best terms ; Having regard to Council Regulation (EEC) No 1418 / 76 of 21 June 1976 on the common organiza Whereas, should force majeure make it impossible to tion of the market in rice ('), as amended by Regula complete the operation in question within the time tion (EEC) No 1260/78 (2), limits specified , it must be made clear who is to bear the liability for any resulting costs ; Having regard to Council Regulation ( EEC) No 2750/75 of 29 October 1975 laying down the condi Whereas provision should be made for security to be tions for the mobilization of cereals as food aid (3), and given to guarantee fulfilment of the obligations arising in particular Article 6 thereof, by virtue of participation in the invitation to tender ;
Having regard to Council Regulation No 129 on the Whereas the Italian intervention agency should be value of the unit of account and the exchange rates to made responsible for the tendering procedure ; be applied for the purposes of the common agricul tural policy (4), as last amended by Regulation (EEC) No 2543/73 (5), and in particular Article 3 thereof, Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to the opinion of the Monetary and of those accepted by the intervention agency ; Committee , Whereas the measures provided for in this Regulation Whereas on 8 May 1979 the Council of the European are in accordance with the opinion of the Manage Communities declared that it proposed, by way of ment Committee for Cereals , Community action , to grant the equivalent of 4 082 tonnes of husked rice (in other words, 3 000 tonnes of semi-milled long grain rice) to the United Nations High Commission for Refugees under its 1978/79 HAS ADOPTED THIS REGULATION : food-aid programme ;
Whereas pursuant to Article 3 (3) of Council Regula Article 1 tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ; 1 . Tenders are hereby invited for the supply to the Whereas the proposed invitation to tender should be United Nations High Commission for Refugees, by for supply of the products to the dock or in the way of Community action , of 3 000 tonnes of semi lighter where applicable at the port of unloading milled long grain rice . Hong Kong ; 2. The tendering procedure shall take place in Italy Kong) ; in three lots . The product shall be mobilized on the Community market . The product shall be loaded for Whereas, in view of the different monetary circum departure from any Community port. stances in the Member States , the observation of these conditions is not guaranteed by the application of 3 . The invitation to tender provided for in para exchange rates applicable in the framework of the graph 1 is for supply of products to the dock or in the common agricultural policy since monetary compensa lighter where applicable, in the port of Hong Kong :
(') OJ No L 166, 25. 6. 1976, p. 1 . — lot No 1 : 1 000 tonnes , (2) OJ No L 156, 14. 6 . 1978 , p. 11 . P) OJ No L 281 , 1 . 11 . 1975, p. 89 . — lot No 2 : 1 000 tonnes , («) OJ No 106, 30 . 10 . 1962, p. 2553/ 62 . (5) OJ No L 263, 19 . 9 . 1973, p. 1 . — lot No 3 : 1 000 tonnes .
No L 190/42 28 . 7 . 79 Official Journal of the European Communities
4. The successful tenderer shall deliver the product — in the case of the successful tenderer, when the specified in paragraph 1 in new jute sacks of a net operations concerned have been carried out within capacity of 50 kilograms. the prescribed time limit and on submission of the original export licence, duly granted and The following shall be printed on the sacks : endorsed by the competent authorities of the 'White rice — Gift of the European Economic Member State mentioned in the tender pursuant Community to United Nations High Commission for to Article 3 (2), Refugees.' — in the case of the successful tenderer, for quanti ties not supplied by reason of force majeure. To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty 2. The security required under paragraph 1 may be sacks, of the same quality as those containing the provided in the form of a cash deposit or of a goods but with the printing followed by a capital guarantee issued by a credit institution conforming to letter 'R\ criteria laid down by each Member State.
Article 2 Article 6 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken 1 . The semi-milled long grain rice referred to in on 10 August 1979 . Article 1 to be supplied to the United Nations High Commission for Refugees must meet the following 2. The closing date for the submission of tenders requirements : shall be 10 August 1979 at 12 noon . — moisture : 15% , 3 . The notice of invitation to tender shall be — broken rice : 5 % maximum , published in the Official Journal of the European Communities not less than nine days before the — chalky grains : 5 % maximum, closing date for the submission of tenders. — grains striated with red : 3 % maximum, — spotted grains : 1 -5 % maximum, Article 3 — stained grains : 1 % maximum , 1 . The prices offered must be expressed in the — yellow grains : 0-050 % maximum , currency of the Member State in which the invitation to tender was issued . — amber grains : 0-20 % maximum .
2. The rates used for converting into ECU those Rice not meeting these requirements shall be refused . offers made in national currencies shall be : 2. Tenders for supply to the United Nations High — the central rate in cases where the relevant Commission for Refugees of the semi-milled long currency is held at any given moment within a grain rice referred to in Article 1 must relate to a band of 2-25 % , product with the following characteristics : — in other cases, the average spot exchange rate — moisture : 15% , during the period from Wednesday of one week to Tuesday of the following week and which immedi — broken rice : 5 % maximum , ately precedes the time limit for the submission of — chalky grains : 5 % maximum , offers . — grains striated with red : 3 % maximum, Article 4 — spotted grains : 1-5% maximum , — stained grains : 1 % maximum, The contract shall be awarded to the tenderer offering the best terms . — yellow grains : 0-050 % maximum , — amber grains : 0-20 % maximum . However, if the tenders submitted do not appear to correspond to normal market prices and costs, the intervention agency may cancel the invitation to Article 7 tender. 1 . The Italian intervention agency shall be respon Article 5 sible for the operations relating to the invitation to tender provided for by this Regulation . 1 . The tenderer shall give security in an amount of 12 ECU per tonne of goods. 2 . It shall forthwith communicate to the Commis sion the list of firms which have responded to the invi It shall be released : tation to tender, specifying the terms of each tender, — in the case of all tenderers whose tenders are together with the name and business name of the unsuccessful or are not accepted , successful tenderer .
28 . 7 . 79 Official Journal of the European Communities No L 190 /43
3 . Where the customs export formalities for the (c) all possible contingencies which might occur mobilized product are completed in a Member State during transportation of the products . other than that in which the invitation to tender is issued, the intervention agency of the latter Member The intervention agency shall transmit the informa State shall be responsible for the operations following tion provided to the Commission as soon as it is tendering, including payment to the successful received . tenderer. 5 . When the intervention agency responsible for In such case, the intervention agency choosing the the operations relating to tendering is not the interven successful tenderer shall immediately inform the inter tion agency which appoints the successful tenderer, it vention agency of the Member State concerned and shall send as soon as possible to the latter the informa shall supply it with all the information which it may tion necessary for releasing the security . require.
Furthermore, the amount of the successful tender Article 8 shall be paid after it has been converted using the average of the spot rates referred to in Article 3 (2) to As regards this tender, the intervention agency is auth the tenderer in the currency of the Member State in orized to make an initial payment of 80 % of the which the operations relating to the tendering are value of the quantity given in the bill of lading, on completed . presentation of that document and subject to the 4. The intervention agency shall ask that the taking of a security for an amount equal to the initial tenderer specifies the following information : payment . (a) after each shipment, a statement giving details of the quantities loaded, the quality of the products Article 9 and their packaging ; (b) the date of the departure of the ships ; the This Regulation shall enter into force on the day of its expected date of arrival of the products at their publication in the Official Journal of the European destination ; Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 27 July 1979 .
For the Commission
Finn GUNDELACH
Vice-President