31979R1839

18 . 8 . 79 No L 209/ 17 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1839/79

of 17 August 1979

opening an invitation to tender for the mobilization of milled long grain rice as food aid for Sierra Leone

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 ('), as last amended by Regu­ lation (EEC) No 1260/78 (2), Whereas provision should be made for security to be given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ; Having regard to Council Regulation (EEC) No 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (}), 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 690 tonnes of milled long grain rice to Sierra Leone under its 1978/79 food-aid HAS ADOPTED THIS REGULATION : 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 product to the port of shipment in the vicinity of Sierra Leone by way of Community food-aid action of the vessel, the goods to be set down at the place nomi­ 690 tonnes of milled long grain rice. nated by the recipient or its agent ;

2. The tendering procedure shall take place in Italy Whereas in view of the different monetary circum­ in one lot. The product shall be mobilized on the stances in the Member States the observation of these Community market. Loading shall be carried out in a conditions is not guaranteed by the application of Community port which has regular services to Sierra exchange rates applicable in the framework of the Leone . 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 (') 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 (5) OJ No L 263 , 19 . 9 . 1973 , p. 1 . ient country's agent.

No L 209 / 18 Official Journal of the European Communities 18 . 8 . 79

Minimum weight of the sacks shall be 600 grams. The Article 6 following shall be printed on the sacks : 1 . The successful tenderer shall give security of a 'White rice / Gift of the European Economic Commu­ value of 12 ECU per tonne ; the security is intended nity to the Republic of Sierra Leone / For free distribu­ to guarantee that the operations specified in Article 1 tion'. are duly completed. The security shall be forfeit if those operations are not carried out within the pres­ To allow for the possibility of re-bagging, the cribed time limit, save as regards quantities not deliv­ successful tenderer shall supply 2 % of new empty ered owing to force majeure. sacks, of the same quality as those containing the goods but with the printing followed by a capital letter ' R '. 2. The security provided for in paragraph 1 may be in the form of a cash deposit or of a guarantee issued by a credit institution conforming to the criteria laid Article 2 down by the Member State .

1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken Article 7 on 3 September 1979 .

1 . The milled long grain rice referred to in Article 2. The closing date for the submission of tenders 1 to be supplied to Sierra Leone must meet the shall be 3 September 1979 at 12 noon . following requirements :

3 . The notice of invitation to tender shall be — moisture : 15% , published in the Official Journal of the European — broken rice : 5 % maximum , Communities not less than nine days before the closing date for the submission of tenders. — chalky grains : 5 % maximum,

— grains striated with red : 3 % maximum, Article 3 — spotted grains : 1 -5 % maximum,

1 . The prices offered must be expressed in the — stained grains : 1 % maximum, currency of the Member State in which the invitation — yellow grains : 0-050 % maximum, to tender was issued . — amber grains : 0-20 % maximum . 2. The rates used for converting into ECU those offers made in national currencies shall be : Rice not meeting these requirements shall be refused.

— the central rate in cases where the relevant 2. Tenders for supply to Sierra Leone of the milled currency is held at any given moment within a long 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 , tenders . — grains striated with red : 3 % maximum,

Article4¶

— 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 8 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 . If the tenderer is unable to deliver the goods in 2 . It shall forthwith communicate to the Commis­ compliance with Article 1 (3) on the date given in the notice of invitation to tender as a result of the late sion the list of firms which have responded to the invi­ availability of the vessels to be used for sea transporta­ tation to tender, specifying the terms of each tender, tion , the resulting costs shall be borne by the interven­ together with the name and business name of the tion agency. successful tenderer.

18 . 8 . 79 No L 209 / 19 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 Communities. tities dispatched and the quality of the products ;

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

Done at Brussels, 17 August 1979 .

For the Commission

Finn GUNDELACH

Vice-President