31979R2491

No L 284/ 8 13 . 11 . 79 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 2491 /79

of 9 November 1979

opening an invitation to tender (or the mobilization of milled long grain rice as food aid for the International Committee of the Red Cross

THE COMMISSION OF THE EUROPEAN Whereas the award under the invitation to tender COMMUNITIES, must be made to the tenderer offering the best terms ;

Having regard to the Treaty establishing the European Whereas provision should be made for security to be Economic Community, given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender Having regard to Council Regulation (EEC) No for supplies to the International Committee of the 1418 /76 of 21 June 1976 on the common organiza­ Red Cross ; tion of the market in rice ('), as last amended by Regu­ lation (EEC) No 1 552/79 (*), Whereas the Italian intervention agency should be made responsible for the tendering procedure ; 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 the Commission must be informed quickly in particular Article 6 thereof, of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to Council Regulation No 129 on the value of the unit of account and the exchange rates to Whereas the measures provided for in this Regulation be applied for the purposes of the common agricul­ are in accordance with the opinion of the Manage­ tural policy (4), as last amended by Regulation (EEC) ment Committee for Cereals, No 2543/73 (5), and in particular Article 3 thereof,

Having regard to the opinion of the Monetary Committee,

HAS ADOPTED THIS REGULATION : 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 the International Committee of the Red Article 1 Cross under its 1978 /79 food-aid programme ;

1 . Tenders are hereby invited for the supply to the Whereas pursuant to Article 3 (3) of Council Regula­ International Committee of the Red Cross, by way of tion (EEC) No 2750/75 goods may be purchased Community food-aid action, of 690 tonnes of milled anywhere on the Community market ; long grain rice.

Whereas the proposed invitation to tender should be for supply of the products delivered to Ashdod, that is 2. The tendering procedure shall take place in Italy at the moment when the goods are actually placed on in one lot. The product shall be mobilized on the the quay or in the lighter where applicable ; 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 Ashdod, exchange rates applicable in the framework of the that is at the moment when the goods are actually common agricultural policy since monetary compensa­ placed on the quay or in the lighter where applicable. tory amounts do not apply in the rice sector ; whereas it is advisable to take account of the monetary situa­ 4. The successful tenderer shall deliver the product tion as regards different offers ; specified in paragraph 1 in new jute sacks lined with cotton sacks of a net capacity of 50 kilograms (') OJ No L 166, 25. 6. 1976, p. 1 . (2) OJ No L 188 , 26. 7. 1979, p.- 9 . (pre-slung). (3 ) OJ No L 281 , 1 . 11 . 1975, p. 89 . (4) OJ No 106, 30 . 10 . 1962, p. 2553/62. (5) OJ No L 263, 19 . 9 . 1973, p. 1 . Minimum weight of sacks shall be 600 grams.

13 . 11 . 79 No L 284/9 Official Journal of the European Communities

On the sacks shall be printed a red cross 1 5 x 15 cm, guarantee issued by a credit institution conforming to as well as the following : the criteria laid down by each Member State .

'Milled rice / Gift of the European Economic Commu­ nity / Action of the International Committee of the Article 6 Red Cross / For free distribution '. 1 . The milled long grain rice referred to in Article To allow for the possibilities of re-bagging, the 1 to be supplied to the International Committee of successful tenderer shall supply 2 % of new empty the Red Cross must meet the following requirements : sacks of the same quality as those containing the — moisture : 15% , goods but with the printing followed by a capital letter 'R.' — broken rice : 5 % maximum , — chalky grains : 5 % maximum , Article 2 — grains striated with red : 3 % maximum , — spotted grains : 1-5% maximum, 1 . The decisions on tenders received in response to — stained grains : 1 % maximum , the invitation provided for in Article 1 shall be taken — yellow grains : 0-050 % maximum, on 26 November 1979 . — amber grains : 0-20 % maximum .

2. The closing date for the submission of tenders Rice not meeting these requirements shall be refused . shall be 26 November 1979 at 12 noon . 2. Tenders for supply to the International 3 . The notice of invitation to tender shall be Committee of the Red Cross of the milled long grain published in the Official Journal of the European rice referred to in Article 1 must relate to a product Communities not less than nine days before the with the following characteristics : closing date for the submission of tenders. — moisture : 15% , Article 3 — broken rice : 5 % maximum , — chalky grains : 5 % maximum , 1 . The prices offered must be expressed in the — grains striated with red : 3 % maximum , currency of the Member State in which the invitation — spotted grains : 1 -5 % maximum , to tender was issued . — stained grains : 1 % maximum , 2. The rates used for converting into ECU those — yellow grains : 0-050 % maximum , offers made in national currencies shall be : — amber grains : 0-20 % maximum .

— the central rate in cases where the relevant Article 7 currency is held at any given moment within a band of 2-25 % , 1 . The Italian intervention agency shall be respon­ — in other cases, the average spot exchange rate sible for the operations relating to the invitation to during the period from Wednesday of one week to tender provided for by this Regulation . Tuesday of the following week and which immedi­ ately precedes the time limit for the submission of 2 . It shall forthwith communicate to the Commis­ tenders . sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, Article 4 together with the name and business name of the successful tenderer. The contract shall be awarded to the tenderer offering the best terms . 3 . Where the customs export formalities for the mobilized product are completed in a Member State However, if the tenders submitted do not appear to other than that in which the invitation to tender is correspond to normal market prices and costs, the issued , the intervention agency of the latter Member intervention agency may cancel the invitation to tender. State shall be responsible for the operations following tendering, including payment to the successful tenderer . Article 5

1 . The successful tenderer shall give security of a In such case, the intervention agency choosing the value of 12 ECU per tonne ; the security is intended successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and to guarantee that the operations specified in Article 1 are duly completed . The security shall be forfeit if shall supply it with all the information which it may those operations are not carried out within the pres­ require . cribed time limit, save as regards quantities not Furthermore , the amount of the successful tender delivered owing to force majeure. shall be paid after it has been converted using the 2. The security provided for in paragraph 1 may be average of the spot rates referred to in Article 3 (2) to provided in the form of a cash deposit or of a the tenderer in the currency of the Member State in

No L 284/ 10 13 . 11 . 79 Official Journal of the European Communities

which the operations relating to the tendering are tion agency which appoints the successful tenderer, it completed . shall send as soon as possible to the latter the informa­ tion necessary for releasing the security. 4. The intervention agency shall ask that the tenderer specifies the following information : Article 8 (a) after each shipment, a statement giving details of the quantities loaded, the quality of the products and their packaging ; As regards this tender, the intervention agency is auth­ orized to make an initial payment of 80 % of the (b) the date of the departure of the ships ; the value of the quantity given in the bill of lading, on expected date of arrival of the products at their presentation of that document and subject to the destination ; taking of a security, for an amount equal to the initial (c) all possible contingencies which might occur payment. during transportation of the products.

The intervention agency shall transmit the informa­ Article 9 tion provided to the Commission as soon as it is received . This Regulation shall enter into force on the day of its 5. Where the intervention agency responsible for publication in the Official Journal of the European the operation relating to tendering is not the interven­ 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

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