31979R2018

15 . 9 . 79 Official Journal of the European Communities No L 233 / 13

COMMISSION REGULATION ( EEC) No 2018 / 79 of 14 September 1979 opening an invitation to tender for the mobilization of milled long grain rice as food aid for Ghana

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 last amended by Regu­ limits specified, it must be made clear who is to bear lation ( EEC) No 1 552/79 (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 690 tonnes of milled long grain rice to Ghana under its 1978 /79 food-aid programme ; HAS ADOPTED THIS REGULATION :

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 ;

1 . Tenders are hereby invited for the supply to Whereas tenders should be invited for the supply of Ghana by way of Community food-aid action of 690 the product to the port of shipment in the vicinity of tonnes of milled long grain rice . the vessel , the goods to be set down at the place nomi­ nated by the - recipient or its agent ; 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 stances in the Member States the observation of these Community market. The product shall be loaded for 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 product referred to in paragraph 1 is to be tory amounts do not apply in the rice sector ; whereas 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 (*) OJ No L 188 , 26 . 7. 1979 , p. 9 . nated by the recipeint country or its agent, the timing (3 ) OJ No L 281 , 1 . 11 . 1975, p . 89 . of delivery being settled by the tenderer and the recip­ (<) OJ No 106, 30 . 10 . 1962, p . 2553/62. (•>) OJ No L 263, 19 . 9 . 1973 , p. 1 . ient country's agent.

No L 233 / 14 15 . 9 . 79 Official Journal of the European Communities

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 Ghana'. to guarantee that the operations specified in Article 1 are duly completed . The security shall be forfeit if To allow for the possibility of re-bagging, the those operations are not carried out within the pres­ successful tenderer shall supply 2 % of new empty cribed time limit, save as regards quantities not deliv­ sacks of the same quality as those containing the ered owing to force majeure. 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 Article 2 by a credit institution conforming to the criteria laid down by the Member State . 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken on 1 October 1979 . Article 7

2. The closing date for the submission of tenders 1 . The milled long grain rice referred to in Article shall be 1 October 1979 at 12 noon . 1 to be supplied to Ghana must meet the following requirements : 3 . The notice of invitation to tender shall be published in the Official Journal of the European — moisture : 15% , Communities not less than nine days before the — broken rice : 5 % maximum , closing date for the submission of tenders. — chalky grains : 5 % maximum , Article 3 — grains striated with red : 3 % maximum , — 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 to tender was issued . — yellow grains : 0 050 % maximum , — 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 currency is held at any given moment within a 2. Tenders for supply to Ghana of the milled long band of 2-25 % , grain rice referred to in Article 1 must relate to a product with the following characteristics : — in other cases the average spot exchange rate during the period from Wednesday of one week to — moisture : 15% , Tuesday of the following week and which immedi­ — broken rice : 5 % maximum , ately precedes the time limit for the submission of tenders . — chalky grains : 5 % maximum , — grains striated with red : 3 % maximum , Article 4 — spotted grains : 1-5% maximum , — 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 successful tenderer . tion agency .

15 . 9 . 79 Official Journal of the European Communities No L 233 / 15

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 cuirency 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, 14 September 1979 .

For the Commission

Finn GUNDELACH

Vice-President