31979R1977

8 . 9 . 79 No L 228 / 17 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1977 / 79 of 7 September 1979 opening an invitation to tender for the mobilization of milled long grain rice as food aid for Nicaragua

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 provisions should be made for security to be tion of the market in rice ('), as last amended by Regu­ given to guarantee fulfilment of the obligations arising lation ( EEC) No 1552/ 79 ( 2 ), by virtue of participation in the invitation to tender for supplies to Nicaragua ; 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 1 345 tonnes of milled long grain rice to Nicaragua 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 tion ( EEC ) No 2750/75 goods may be purchased Nicaragua , by way of Community food-aid action , of anywhere on the Community market ; 1 345 tonnes of milled long grain rice .

Whereas the proposed invitation to tender should be 2 . The tendering procedure shall take place in Italy for supply of the products delivered to Corinto or in one lot . Puerto Somoza , that is at the moment when the goods are 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 3 . The invitation to tender provided for in para­ conditions is not guaranteed by the application of graph 1 is for supply of products delivered to Corinto or Puerto Somoza , that is at the moment when the exchange rates applicable in the framework of the common agricultural policy since monetary compensa­ goods are actually placed on the dock or in the lighter where applicable . (') OJ No L 166, 25 . 6 . 1976, p. 1 . (2 ) OJ No L 188 , 26 . 7 . 1979 , p. 9 . 4 . The successful tenderer shall deliver the product (3 ) OJ No L 281 , 1 . 1 1 . 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 228 / 18 8 . 9 . 79 Official Journal of the European Communities

The following shall be printed on the sacks : 2. The security provided for in paragraph 1 may be given in the form of a cash deposit or of a guarantee 'Arroz / Donación de la Comunidad economica issued by a credit institution conforming to the cri­ europea a Nicaragua .' teria laid down by the Member State . To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty Article 6 sacks, of the same quality as those containing the goods but with the printing followed by a capital 1 . The milled long grain rice referred to in Article letter ' R '. 1 to be supplied to Nicaragua must meet the following requirements : Article 2 — moisture : 15% , — broken rice : 5 % maximum , 1 . The decision on tenders received in response to — chalky grains : 5 % maximum , the invitation provided for in Article 1 shall be taken on 17 September 1979 . — grains striated with red : 3 % maximum , — spotted grains : 1-5% maximum , 2 . The closing date for the submission of tenders — stained grains : 1 % maximum, shall be 17 September 1979 at 12 noon . — yellow grains : 0 050 % maximum , 3 . The notice of invitation to tender shall be — amber grains : 0-20 % maximum . published in the Official Journal of the European Communities not less than nine days before the Rice not meeting these requirements shall be refused . closing date for the submission of tenders . 2 . Tenders for supply to Nicaragua of the milled long grain rice referred to in Article 1 must relate to a Article 3 product with the following characteristics : — moisture : 15% , 1 . The prices offered must be expressed in the currency of the Member State in which the invitation — broken rice : 5 % maximum , to tender was issued . — chalky grains : 5 % maximum , 2 . The rates used for converting into ECU those — grains striated with red : 3 % maximum , offers made in national currencies shall be : — spotted grains : 1-5% maximum , — the central rate in cases where the relevant — stained grains : 1 % maximum , currency is held at any given moment within a — yellow grains : 0-050 % maximum , 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 ately precedes the time limit for the submission of 1 . The Italian intervention agency shall be respon­ 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 the best terms . tation to tender, specifying the terms of each tender, 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 tender . mobilized product are completed in a Member State 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 1 . The successful tenderer shall give security of a tenderer . 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 .

8 . 9 . 79 No L 228 / 19 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 , 7 September 1979 . For the Commission

Finn GUNDELACH Vice-President