31979R2194

9 . 10 . 79 Official Journal of the European Communities No L 254/ 5

COMMISSION REGULATION ( EEC) No 2194/ 79 of 5 October 1979 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the Republic of Cape Verde

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 i^gard 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 1 552/79 (2), by virtue of participation in the invitation to tender for supplies to the Republic of Cape Verde ; 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 1 035 tonnes of milled long grain rice to the Republic of Cape Verde 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 Republic of Cape Verde, by way of Community food­ anywhere on the Community market ; aid action, of 1 035 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 Praia, that is at in one lot . the moment when the goods are actually placed on the quay 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 graph 1 is for supply of products delivered to Praia, exchange rates applicable in the framework of the common agricultural policy since monetary compensa­ that is at the moment when the goods are actually place on the quay 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 (}) 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 254/ 6 9 . 10 . 79 Official Journal of the European Communities

The following shall be printed on the sacks : issued by a credit institution conforming to the criteria laid down by the Member State. 'Arroz branco — Grăo longo / Dom da Comunidade econòmica europeia à republica de Cabo Verde.' 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 Republic of Cape Verde must goods but with the printing followed by a capital meet the following requirements : letter 'R '. — moisture : 15% , Article 2 — broken rice : 5 % maximum , — 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 on 22 October 1979 . — spotted grains : 1 .5 % maximum , — stained grains : 1 % maximum , 2. The closing date for the submission of tenders shall be 22 October 1979 at 12 noon . — yellow grains : 0.050 % maximum, — amber grains : 0.20 % maximum . 3 . The notice of invitation to tender shall be published in the Official Journal of the European Rice not meeting these requirements shall be refused . Communities not less than nine days before the closing date for the submission of tenders . 2. Tenders for supply to the Republic of Cape Verde of the milled long grain rice referred to in Article 3 Article 1 must relate to a product with the following characteristics : 1 . The prices offered must be expressed in the — moisture : 15 % , currency of the Member State in which the invitation to tender was issued . — broken rice : 5 % maximum , — chalky grains : 5 % maximum, 2. The rates used for converting into ECU those offers made in national currencies shall be : — grains striated with red : 3 % maximum , — the central rate in cases where the relevant — spotted grains : 1 -5 % maximum , currency is held at any given moment within a — stained grains : 1 % maximum, band of 2.25 % , — yellow grains : 0.050 % maximum, — in other cases, the average spot exchange rate — amber grains : 0.20 % maximum . during the period from Wednesday of one week to Tuesday of the following week and which immedi­ Article 7 ately precedes the time limit for the submission of tenders . 1 . The Italian intervention agency shall be respon­ sible for the operations relating to the invitation to Article 4 tender provided for by this Regulation . The contract shall be awarded to the tenderer offering 2 . It shall forthwith communicate to the Commis­ the best terms . sion the list of firms which have responded to the invi­ However, if the tenders submitted do not appear to tation to tender, specifying the terms of each tender, correspond to normal market prices and costs, the together with the name and business name of the intervention agency may cancel the invitation to successful tenderer . tender. 3 . Where the customs export formalities for the mobilized product are completed in a Member State Article 5 other than that in which the invitation to tender is 1 . The successful tenderer shall give security of a issued, the intervention agency of the latter Member value of 12 ECU per tonne ; the security is intended State shall be responsible for the operations following to guarantee that the operations specified in Article 1 tendering, including payment to the successful ten­ derer . are duly completed . The security shall be forfeit if those operations are not carried out within the pres­ In such case, the intervention agency choosing the cribed time limit, save as regards quantities not deliv­ successful tenderer shall immediately inform the inter­ ered owing to force majeure. vention agency of the Member State concerned and 2. The security provided for in paragraph 1 may be shall supply it with all the information which it may given in the form of a cash deposit or of a guarantee require .

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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, 5 October 1979 . For the Commission

Finn GUNDELACH Vice-President