31979R1781

11 . 8 . 79 No L 203/35 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1781 /79 of 10 August 1979 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the International Committee of the Red Cross

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 provisions should be made for security to be 1418 /76 of 21 June 1976 on the common organiza­ given to guarantee fulfilment of the obligations arising tion of the market in rice ('), as last amended by Regu­ by virtue of participation in the invitation to tender lation (EEC) No 1 260 /78 (2), for supplies to the International Committee of the Red Cross ; Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi­ Whereas the Italian intervention agency should be tions for the mobilization of cereals as food aid (3), and made responsible for the tendering procedure ; in particular Article 6 thereof,

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

Whereas on 8 May 1979 the Council of the European HAS ADOPTED THIS REGULATION : Communities declared that it proposed, by way of Community action, to grant 500 tonnes of milled long grain rice to the International Committee of the Red Cross under its 1978 /79 food-aid programme ; Article 1

Whereas pursuant to Article 3 (3) of Council Regula­ 1 . Tenders are hereby invited for the supply to the tion (EEC) No 2750/75 goods may be purchased International Committee of the Red Cross, by way of anywhere on the Community market ; Community food-aid action, of 500 tonnes of milled long grain rice. Whereas the proposed invitation to tender should be for supply of the products delivered Corinto or Puerto 2. The tendering procedure shall take place in Italy Somoza, that is at the moment when the goods are in one lot . actually placed on the dock or in the lighter where applicable ; The product shall be mobilized on the Community market. Shipment shall be from any Community port. Whereas in view of the different monetary circum­ 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 delivered Corinto or common agricultural policy since monetary compensa­ Puerto Somoza, that is at the moment when the goods tory amounts do not apply in the rice sector ; whereas are actually placed on the dock or in the lighter where applicable. 0 ) 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 203/36 11 . 8 . 79 Official Journal of the European Communities

On the sacks shall be printed a red cross, 15 x 15 2. The security provided for in paragraph 1 may be cm, as well as the following : given in the form of a cash deposit or of a guarantee issued by a credit institution conforming to the ' NI-9 / Arroz / Donación de la Comunidad econo­ criteria laid down by the Member State. mica europea / Acción del comité internacional de la Cruz Roja / Destinado a la distribución gratuita'. Article 6 To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty 1 . The milled long grain rice referred to in Article sacks, of the same quality as those containing the 1 to be supplied to the International Committee of goods but with the printing followed by a capital the Red Cross must meet the following requirements : letter 'R\ — moisture : 15 % , — broken rice : 5 % maximum , Article 2 — chalky grains : 5 % maximum , 1 . The decision on tenders received in response to — grains striated with red : 3 % maximum, the invitation provided for in Article 1 shall be taken — spotted grains : 1.5 % maximum, on 27 August 1979 . — stained grains : 1 % maximum, 2. The closing date for the submission of tenders — yellow grains : 0.050 % maximum, shall be 27 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 International closing date for the submission of tenders. Committee of the Red Cross of the milled long grain rice referred to in Article 1 must relate to a product Article 3 with the following characteristics : — moisture : 15 % , 1 . The prices offered must be expressed in the — broken rice : 5 % maximum , currency of the Member State in which the invitation to tender was issued . — chalky grains : 5 % maximum, — grains striated with red : 3 % maximum, 2. The rates used for converting into ECU those offers made in national currencies shall be : — spotted grains : 1.5 % maximum, — stained grains : 1 % maximum, — the central rate in cases where the relevant — yellow grains : 0-050 % maximum, currency is held at any given moment within a band of 2-25 % , — amber grains : 0-20 % maximum . — in other cases, the average spot exchange rate during the period from Wednesday of one week to Article 7 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 correspond to normal market prices and costs, the 3 . Where the customs export formalities for the intervention agency may cancel the invitation to mobilized product are completed in a Member State tender. other than that in which the invitation to tender is issued, the intervention agency of the latter Member Article 5 State shall be responsible for the operations following tendering, including payment to the successful ten­ 1 . The successful tenderer shall give security of a derer. value of 12 ECU per tonne ; the security is intended to guarantee that the operations specified in Article 1 In such case, the intervention agency choosing the are duly completed. The security shall be forfeit if successful tenderer shall immediately inform the inter­ those operations are not carried out within the pres­ vention agency of the Member State concerned and cribed time limit, save as regards quantities not deliv­ shall supply it with all the information which it may ered owing to force majeure. require .

11 . 8 . 79 No L 203 /37 Official Journal of the European Communities

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 operation relating to tendering is not the interven­ average of the spot rates referred to in Article 3 (2) to tion agency which appoints the successful tenderer, it the tenderer in the currency of the Member State in shall send as soon as possible to the latter the informa­ which the operations relating to the tendering are tion necessary for releasing the security. 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, 10 August 1979 .

For the Commission

Finn GUNDELACH

Vice-President