31979R1718

No L 198 / 22 4. 8 . 79 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1718/79

of 3 August 1979

opening an invitation to tender (or the mobilization of milled long grain rice as food aid for the People's Republic of Congo

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 limit 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 ( !), as last amended by Regu­ lation (EEC) No 1 260/78 (2), Whereas provision should be made for security to be given to guarantee fulfilment of the obligations arising Having regard to Council Regulation (EEC) No by virtue of participation in the invitation to tender ; 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3), and Whereas the Italian intervention agency should be in particular Article 6 thereof, made responsible for the tendering procedure ;

Having regard to Council Regulation No 129 on the value of the unit of account and the exchange rates to Whereas the Commission must be informed quickly be applied for the purposes of the common agricul­ of the tenders submitted in response to the invitation tural policy (4), as last amended by Regulation (EEC) and of those accepted by the intervention agency ; No 2543/73 (5), and in particular Article 3 thereof,

Whereas the measures provided for in this Regulation Having regard to the opinion of the Monetary are in accordance with the opinion of the Manage­ Committee, ment Committee for Cereals,

Whereas on 8 May 1979 the Council of the European Communities declared that it proposed, by way of Community action, to grant 517 tonnes of milled long grain rice to the People's Republic of Congo under its HAS ADOPTED THIS REGULATION : 1978/79 food-aid programme ;

Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased Article 1 anywhere on the Community market ;

Whereas tenders should be invited for the supply of 1 . Tenders are hereby invited for the supply to the the product to the port of shipment in the vicinity of People's Republic of Congo by way of Community the vessel, the goods to be set down at the place nomi­ food-aid action of 517 tonnes of milled long grain nated by the recipient or its agent ; rice .

Whereas in view of the different monetary circum­ 2. The tendering procedure shall take place in Italy stances in the Member States, the observation of these in one lot. The product shall be mobilized on the conditions is not guaranteed by the application of Community market. The product shall be loaded for exchange rates applicable in the framework of the departure from any Community port. common agricultural policy since monetary compensa­ tory amounts do not apply in the rice sector ; whereas it is advisable to take account of the monetary situa­ 3. The product referred to in paragraph 1 is to be tion as regards different offers ; delivered in new jute sacks of a net capacity of 50 kilo­ grams to the port of shipment in the vicinity of the (>) OJ No L 166, 25. 6. 1976, p. 1 . vessel. The goods must be set down at the place nomi­ (2) OJ No L 156, 14. 6. 1978, p. 11 . nated by the recipient country or its agent, the timing (3) OJ No L 281 , 1 . 11 . 1975, p. 89. (4) OJ No 106, 30. 10 . 1962, p. 2553/62. of delivery being settled by the tenderer and the recip­ (*) OJ No L 263, 19 . 9. 1973, p. 1 . ient country's agent.

4. 8 . 79 No L 198/23 Official Journal of the European Communities

Minimum weight of the sacks shall be 600 grams. The tion, the resulting costs shall be borne by the interven­ following shall be printed on the sacks : tion agency.

'Riz blanchi / Don de la Communauté économique européenne au Congo / Destiné à la vente'. Article 6

To allow for the possibility of re-bagging, the 1 . The successful tenderer shall give security of a successful tenderer shall supply 2 % of new empty value of 1 2 ECU per tonne, the security is intended to sacks, of the same quality as those containing the guarantee that the operations specified in Article 1 are goods but with the printing followed by a capital duly completed. The security shall be forfeit if those letter ' R'. operations are not carried out within the prescribed time limit, save as regards quantities not delivered Article 2 owing to force majeure.

1 . The decision on tenders received in response to 2. The security provided for in paragraph 1 may be the invitation provided for in Article 1 shall be taken in the form of a cash deposit or of a guarantee issued on 20 August 1979. by a credit institution conforming to the criteria laid down by the Member State. 2. The closing date for the submission of tenders shall be 20 August 1979 at 12 noon . Article 7 3 . The notice of invitation to tender shall be published in the Official Journal of the European 1 . The milled long grain rice referred to in Article Communities not less than nine days before the 1 to be supplied to Congo must meet the following closing date for the submission of tenders. requirements :

— 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 ECU those — amber grains : 0.20 % maximum. offers made in national currencies shall be :

— the central rate in cases where the relevant Rice not meeting these requirements shall be refused. currency is held at any given moment within a band of 2-25 % , 2. Tenders for supply to Congo of the long grain milled rice referred to in Article 1 must relate to a — in other cases, the average spot exchange rate product with the following characteristics : during the period from Wednesday of one week to Tuesday of the following week and which immedi­ — moisture : 15 % , ately precedes the time limit for the submission of — broken rice : 5 % maximum , tenders . — chalky grains : 5 % maximum, — grains striated with red : 3 % maximum, — spotted grains : 1 .5 % maximum, Article 4 — stained grains : 1 % maximum, — yellow grains : 0.050 % maximum, The contract shall be awarded to the tenderer offering — amber grains : 0.20 % maximum . the best terms .

However, if the tenders submitted do not appear to Article 8 correspond to normal market prices and costs, the intervention agency may cancel the invitation to tender. 1 . The Italian intervention agency shall be respon­ sible for the operations relating to the invitation to tender provided for by this Regulation . Article 5 2 . It shall forthwith communicate to the Commis­ If the tenderer is unable to deliver the goods in sion the list of firms which have responded to the invi­ compliance with Article 1 (3) on the date given in the tation to tender, specifying the terms of each tender, notice of invitation to tender as a result of the late together with the name and business name of the availability of the vessels to be used for sea transporta successful tenderer.

No L 198 / 24 4. 8 . 79 Official Journal of the European Communities

3. Where the customs export formalities for the (b) the date of departure of the vessels. mobilized product are completed in a Member State The information indicated above shall be forwarded other than that in which the invitation to tender is by the intervention agency to the Commission imme­ issued, the intervention agency of the latter Member diately upon receipt. State shall be responsible for the operations following tendering, including payment to the successful 5. When the intervention agency responsible for tenderer . the operations relating to tendering is not the interven­ tion agency which appoints the successful tenderer, it In such case, the intervention agency choosing the shall send as soon as possible to the latter the informa­ successful tenderer shall immediately inform the inter­ tion necessary for releasing the security. vention agency of the Member State concerned and shall supply it with all the information which it may Article 9 require. On delivery of the goods at the port of shipment, a Furthermore, the amount of the successful tender handing-over certificate shall be supplied to the shall be paid after it has been converted using the successful tenderer, acting as agent for the Commu­ average of the spot rates referred to in Article 3 (2) to nity, by the agent of the recipient country or, in the the tenderer in the currency of the Member State in absence of the latter, by the intervention agency of the which the operations relating to the tendering are Member State in whose territory the port of shipment completed. is situated . 4. The intervention agency shall request the Article 10 successful tenderer to supply the following informa­ tion : This Regulation shall enter into force on the day of its (a) after each shipment a certificate showing the quan­ publication in the Official Journal of the European tities dispatched and the quality of the products ; Communities.

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

Done at Brussels, 3 August 1979 .

For the Commission

Finn GUNDELACH

Vice-President