31979R2477

No L 281 / 22 Official Journal of the European Communities 10 . 11 . 79

COMMISSION REGULATION ( EEC) No 2477 / 79 of 9 November 1979 opening an invitation to tender for the mobilization of semi-milled long grain rice as food aid for the United Nations High Commissioner for Refugees

THE COMMISSION OF THE EUROPEAN common agricultural policy since monetary compensa­ COMMUNITIES , tory amounts do not apply in the rice sector ; whereas 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 orgaization of the market in rice ('), as amended by Regulation Whereas, should force majeure make it impossible to (EEC) No 1552/79 0, complete the operation in question within the time limits specified, it must be made clear who is to bear the liability for any resulting costs ; 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 (3 ), and Whereas provision should be made for security to be in particular Article 6 threof, given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ; Having regard to Council Regulation No 129 on the value of the unit of account and the exchange rates to Whereas the Italian intervention agency should be be applied for the purposes of the common agricul­ made responsible for the tendering procedure ; tural policy (4), as last amended by Regulation ( EEC) No 2543/73 (5), and in particular Article 3 thereof, Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to the opinion of the Monetary and of those accepted by the intervention agency ; Committee ,

Whereas the measures provided for in this Regulation Whereas on 8 May 1979 the Council of the European are in accordance with the opinion of the Manage­ Communities declared that it proposed, by way of ment Committee for Cereals , Community action , to grant the equivalent of 3 650 tonnes of husked rice ( in other words , 2 700 tonnes of semi-milled long grain rice) to the United Nations High Commissioner for Refugees 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 ;

Whereas the proposed invitation to tender should be 1 . Tenders are hereby invited for the supply to the for supply of the products on the quay or in the United Nations High Commissioner for Refugees , by way of Community action , of 2 700 tonnes of semi­ lighter where applicable at the port of unloading Ho Chi Minh Ville ; milled long grain rice .

Whereas, in view of the different monetary circum­ 2. The tendering procedure shall take place in Italy stances in the Member States , the observation of these in one lot . The product shall be mobilized on the conditions is not guaranteed by the application of Community market . The product shall be loaded for departure from any Community port . exchange rates applicable in the framework of the

(') OJ No L 166, 25 . 6. 1976, p . 1 . 3 . The invitation to tender provided for in para­ (2 ) OJ No L 188 , 26 . 7. 1979 , p. 11 . graph 1 is for supply of products on the quay or in 3 OJ No L 281 , 1 . 11 . 1975, p . 89 . (•») OJ No 106, 30 . 10 . 1962, p . 2553/62 . the lighter where applicable, in the port of Ho Chi (5 ) OJ No L 263 , 19 . 9 . 1973 , p . 1 . Minh Ville .

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4. The successful tenderer shall deliver the product to guarantee that the operations specified in Article 1 specified in paragraph 1 in new jute sacks lined with are duly compeleted. The security shall be forfeit if cotton sacks of a net capacityy of 50 kilograms. those operations are not carried out within the pres­ cribed time limit, save as regards quantities not deliv­ The following shall be printed on the sacks : ered owing to force majeure. ' Riz semi-blanchi / Don de la Communauté écono­ mique européenne / Action humanitaire de l'UNHCR 2. The security provided for in paragraph 1 may be pour les réfugiés'. given in the form of a cash deposit or of a guarantee issued by a credit institution conforming to the To allow for the possibility of re-bagging, the criteria laid down by the Member State . successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the goods but with the printing followed by a capital Article 6 letter ' R\ 1 . The semi-milled long grain rice referred to in Article 1 to be supplied to the United Nations High Article 2 Commissioner for Refugees must meet the following requirements : 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken — moisture : 15% , on 26 November 1979 . — broken rice : 5 % maximum , 2. The closing date for the submission of tenders — chalky grains : 5 % maximum , shall be 26 November 1979 at 12 noon . — grains striated with red : 3 % maximum, 3 . The notice of invitation to tender shall be — spotted grains : 1 -5 % maximum, published in the Official Journal of the European Communities not less than nine days before the — stained grains : 1 % maximum, closing date for the submission oftenders. — yellow grains : 0 050 % maximum ,

— amber grains : 0-20 % maximum . Article 3 Rice not meeting these requirements shall be refused . 1 . The prices offered must be expressed in the currency of the Member State in which the invitation 2. Tenders for supply to the United Nations High to tender was issued . Commissioner for Refugees of the semi-milled long grain rice referred td in Article 1 must relate to a 2. The rates used for converting into ECU those product with the following characteristics : offers, made in national currencies shall be : — the central rate in cases where the relevant — moisture : 15% , currency is held at any given moment within a — broken rice : 5 % maximum , band of 2-25 % , — chalky grains : 5 % maximum , — in other cases , the average spot exchange rate during the period from Wednesday of one week to — grains striated with red : 3 % maximum , Tuesday of the following week and which immedi­ — spotted grains : 1-5% maximum, ately precedes the time limit for the submission of offers . — stained grains : 1 % maximum , — yellow grains : 0 050 % maximum, Article 4 — amber grains : 0-20 % maximum .

The contract shall be ajvarded to the tenderer offering the best terms . Article 7

However, if the tenders submitted do not appear to 1 . The Italian intervention agency shall be respon­ correspond to normal market prices and costs, the sible for the operations relating to the invitation to intervention agency may cancel the invitation to tender provided for by this Regulation . tender. 2 . It shall forthwith communicate to the Commis­ Article 5 sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, 1 . The successful tenderer shall give security of a together with the name and business name of the value of 1 2 ECU per tonne ; the security is intended successful tenderer.

No L 281 / 24 Official Journal of the European Communities 10 . 11 . 79

3 . Where the customs export formalities for the (c) all possible contingencies which might occur mobilized product are completed in a Member State during transportation of the products. other than that in which the invitation to tender is issued, the intervention agency of the latter Member The intervention agency shall transmit the informa­ State shall be responsible for the operations following tion provided to the Commission as soon as it is tendering, including payment to the successful received . tenderer . 5 . When the intervention agency responsible for In such case, the intervention agency choosing the the operations relating to tendering is not the interven­ successful tenderer shall immediately inform the inter­ tion agency which appoints the successful tenderer, it vention agency of the Member State concerned and shall send as soon as possible to the latter the informa­ shall supply it with all the information which it may tion necessary for releasing the security. require .

Furthermore, the amount of the successful tender Article 8 shall be paid after it has been converted using the average of the spot rates referred to in Article 3 (2) to As regards this tender, the intervention agency is auth­ the tenderer in the currency of the Member State in orized to make an initial payment of 80 % of the which the operations relating to the tendering are value of the quantity given in the bill of lading, on completed . presentation of that document and subject to the 4. The intervention agency shall ask that the taking of a security for an amount equal to the initial tenderer specifies the following information : payment . (a) after each shipment, a statement giving details of the quantities loaded , the quality of the products Article 9 and their packaging ; (b) the date of the departure of the ships ; the This Regulation shall enter into force on the day of its expected date of arrival of the products at their publication in the Official Journal of the European destination ; Communities.

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

Done at Brussels, 9 November 1979 . For the Commission

Finn GUNDELACH Vice-President