31979R1719

4. 8 . 79 No L 198 / 25 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1719/79 of 3 August 1979 opening an invitation to tender for the mobilization of semi-milled long grain rice as food aid for the United Nations High Commissioner for Refugees

THE COMMISSION OF THE EUROPEAN it is advisable to take account of the monetary situa­ COMMUNITIES, tion as regards different offers ;

Having regard to the Treaty establishing the European Whereas the award under the invitation to tender Economic Community, must be made to the tenderer offering the best terms ;

Having regard to Council Regulation (EEC) No Whereas, should force majeure make it impossible to 1418/76 of 21 June 1976 on the common organiza­ complete the operation in question within the time tion of the market in rice ('), as amended by Regula­ limits specified, it must be made clear who is to bear tion (EEC) No 1260/78 (2), the liability for any resulting costs ;

Having regard to Council Regulation (EEC) No Whereas provision should be made for security to be 2750/75 of 29 October 1975 laying down the condi­ given to guarantee fulfilment of the obligations arising tions for the mobilization of cereals as food aid (3), and by virtue of participation in the invitation to tender ; in particular Article 6 thereof,

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

Having regard to the opinion of the Monetary Whereas the measures provided for in this Regulation Committee, are in accordance with the opinion of the Manage­ 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 the equivalent of 2 484 tonnes of husked rice (in other words, 1 852 tonnes of semi-milled long grain rice) to the United Nations HAS ADOPTED THIS REGULATION : High Commissioner for Refugees under its 1978/79 food-aid programme ;

Article 1 Whereas pursuant to Article 3 (3) of Council Regula­ 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 United Nations High Commissioner for Refugees, by way of Community action, of 1 852 tonnes of semi­ Whereas the proposed invitation to tender should be milled long grain rice. for supply of the products delivered to Vientiane via Bangkok ; 2. The tendering procedure shall take place in Italy in one lot. The product shall be mobilized on the Whereas, in view of the different monetary circum­ Community market. The product shall be loaded for stances in the Member States, the observation of these departure from any Community port. conditions is not guaranteed by the application of exchange rates applicable in the framework of the common agricultural policy since monetary compensa­ 3. The invitation to tender provided for in para­ tory amounts do not apply in the rice sector ; whereas graph 1 is for supply of the products delivered to Vientiane via Bangkok. ( 1) OJ No L 166, 25. 6. 1976, p. 1 . (2) OJ No L 156, 14. 6. 1978 , p. 11 . 4. The successful tenderer shall deliver the product (3) OJ No L 281 , 1 . 11 . 1975, p. 89. (4) OJ No 106, 30. 10 . 1962, p. 2553/ 62. specified in paragraph 1 in new jute sacks lined with (5) OJ No L 263, 19 . 9 . 1973, p. 1 . cotton sacks of a net capacity of 50 kilograms.

No L 198 /26 4. 8 . 79 Official Journal of the European Communities

The following shall be printed on the sacks : cribed time limit, save as regards quantities not deliv­ ered owing to force majeure. Riz semi-blanchi / Don de la Communauté écono­ mique européenne / Action humanitaire de l'UNHCR 2. The security provided for in paragraph 1 may be au Laos'. given in the form of a cash deposit or of a guarantee issued by a credit institution conforming to the To allow for the possibility of re-bagging, the criteria laid down by the Member State. successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the Article 6 goods but with the printing followed by a capital letter 'R\ 1 . The semi-milled long grain rice referred to in Article 1 to be supplied to the United Nations High Article 2 Commissioner for Refugees 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 on 20 August 1979. — broken rice : 5 % maximum, — chalky grains : 5 % maximum, 2. The closing date for the submission of tenders shall be 20 August 1979 at 12 noon . — grains striated with red : 3 % maximum, — spotted grains : 1 .5 % maximum, 3 . The notice of invitation to tender shall be — stained grains : 1 % maximum, published in the Official Journal of the European 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 .

Rice not meeting these requirements shall be refused. Article 3 2. Tenders for supply to the United Nations High 1 . The prices offered must be expressed in the Commissioner for Refugees of the semi-milled long currency of the Member State in which the invitation grain rice referred to in Article 1 must relate to a to tender was issued . product with the following characteristics :

— moisture : 15 % , 2. The rates used for converting into ECU those offers made in national currencies shall be : — broken rice : 5 % maximum, — the central rate in cases where the relevant — chalky grains : 5 % maximum, currency is held at any given moment within a — grains striated with red : 3 % maximum, band of 2.25 % , — spotted grains : 1 .5 % maximum, — in other cases, the average spot exchange rate — stained grains : 1 % maximum, during the period from Wednesday of one week to — yellow grains : 0.050 % maximum, Tuesday of the following week and which immedi­ ately precedes the time limit for the submission of — amber grains : 0.20 % maximum . offers .

Article 7 Article 4 1 . The Italian intervention agency shall be respon­ sible for the operations relating to the invitation to The contract shall be awarded to the tenderer offering the best terms . tender provided for by this Regulation.

2. It shall forthwith communicate to the Commis­ However, if the tenders submitted do not appear to sion the list of firms which have responded to the invi­ correspond to normal market prices and costs, the tation to tender, specifying the terms of each tender, intervention agency may cancel the invitation to tender. together with the name and business name of the successful tenderer.

Article 5 3 . Where the customs export formalities for the mobilized product are completed in a Member State 1 . The successful tenderer shall give security of a other than that in which the invitation to tender is value of 1 2 ECU per tonne ; the security is intended issued, the intervention agency of the latter Member to guarantee that the operations specified in Article 1 State shall be responsible for the operations following are duly completed . The security shall be forfeit if tendering, including payment to the successful those operations are not carried out within the pres tenderer.

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In such case, the intervention agency choosing the The intervention agency shall transmit the informa­ successful tenderer shall immediately inform the inter­ tion provided 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 Article 3 (2) to tion necessary for releasing the security. the tenderer in the currency of the Member State in which the operations relating to the tendering are Article 8 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, on 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, 3 August 1979.

For the Commission

Finn GUNDELACH Vice-President