31979R2490

13 . 11 . 79 No L 284/ 5 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 2490/79

of 9 November 1979 opening an invitation to tender for the mobilization of semi-milled long grain rice as food aid for the International Committee of the Red Cross

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 organiza­ tion of the market in rice ('), as amended by Regula­ Whereas, should force majeure make it impossible to tion (EEC) No 1552/79 (2 ), 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 thereof, 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 1 350 tonnes of husked rice (in other words, 1 000 tonnes of semi-milled long grain rice) to the International Committee for the Red Cross 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 the Whereas the proposed invitation to tender should be International Committee of the Red Cross, by way of for supply of the products on the quay or in the Community food-aid action , of 1 000 tonnes of semi­ lighter where applicable at the port of unloading Hon milled long grain rice . Ngu Bay ;

2. The tendering procedure shall take place in Italy Whereas, in view of the different monetary circum­ stances in the Member States, the observation of these in one lot. The product shall be mobilized on the Community market. The product shall be loaded for conditions is not guaranteed by the application of 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. 9 . graph 1 is for supply of products on the quay or in P) 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 Hon Ngu (5) OJ No L 263, 19 . 9 . 1973 , p. 1 . Bay.

No L 284/6 13 . 11 . 79 Official Journal of the European Communities

4. The successful tenderer shall deliver the product It shall be released : specified in paragraph 1 in new jute sacks lined with — in the case of all tenderers whose tenders are cotton sacks of a net capacity of 50 kilograms. unsuccessful or are not accepted, On the sacks shall be printed a red cross 15 x 15 cm, — in the case of the successful tenderer, when the as well as the following : operations concerned have been carried out within VTNH-1 / Riz semi-blanchi / Don de la Commu­ the prescribed time limit and on submission of the original export licence, duly granted and nauté économique européenne / Action du Comité endorsed by the competent authorities of the international de la Croix-Rouge / À distribuer gratuite­ Member State mentioned in the tender pursuant ment / Hon Ngu Bay'. to Article 3 (2), To allow for the possibility of re-bagging, the — in the case of the successful tenderer, for quanti­ successful tenderer shall supply 2 % of new empty ties not supplied by reason of force majeure. sacks, of the same quality as those containing the goods but with the printing followed by a capital 2. The security required under paragraph 1 may be letter ' R'. provided in the form of a cash deposit or of a guarantee issued by a credit institution conforming to Article 2 criteria laid down by each Member State .

1 . The decision on tenders received in response to Article 6 the invitation provided for in Article 1 shall be taken on 26 November 1979 . 1 . The semi-milled long grain rice referred to in 2. The closing date for the submission of tenders Article 1 to be supplied to the International shall be 26 November 1979 at 12 noon . Committee of the Red Cross must meet the following requirents : 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 — chalky grains : 5 % maximum, closing date for the submission of tenders. — grains striated with red : 3 % maximum, — spotted grains : 1.5 % maximum, Article 3 — stained grains : 1 % maximum , — yellow grains : 0.050 % maximum, 1 . The prices offered must be expressed in the — amber grains : 0.20 % maximum . currency of the Member State in which the invitation to tender was issued . Rice not meeting these requirements shall be refused. 2. The rates used for converting into ECU those offers made in national currencies shall be : 2 . Tenders for supply to the International Committee of the Red Cross of the semi-milled long — the central rate in cases where the relevant grain rice referred to in Article 1 must relate to a currency is held at any given moment within a product with the following characteristics : band of 2-25 % , — moisture : 15 % , — in other cases, the average spot exchange rate — broken rice : 5 % maximum , during the period from Wednesday of one week to — chalky grains : 5 % maximum, Tuesday of the following week and which immedi­ — grains striated with red : 3 % maximum, ately precedes the time limit for the submission of — spotted grains : 1.5 % maximum, offers . — stained grains : 1 % maximum, — yellow grains : 0.050 % maximum , Article 4 — amber grains : 0.20 % maximum .

The contract shall be awarded 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 tenderer shall give security in an amount of together with the name and business name of the 12 ECU per tonne of goods . successful tenderer .

13 . 11 . 79 No L 284/ 7 Official Journal of the European Communities

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 received . tendering, including payment to the successful 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 payment. tenderer specifies the following information : (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