31979R2544

17 . 11 . 79 No L 290/41 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2544/ 79 of 16 November 1979 opening an invitation to tender for the mobilization of milled long grain rice as food aid for the Republic of Gambia

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, should force majeure make it impossible to Economic Community, complete the operation in question within the time limits specified, it must be made clear who is to bear Having regard to Council Regulation (EEC) No the liability for any resulting costs ; 1418/76 of 21 June 1976 on the common organiza­ tion of the market in rice ('), as last amended by Regu­ lation (EEC) No 1552/79 0, Whereas provision should be made for security to be given for the purpose of guaranteeing that the obliga­ Having regard to Council Regulation (EEC) No tions arising by virtue of participation in the invita­ tion to tender for supplies to the Republic of Gambia 2750/75 of 29 October 1975 laying down the condi­ will be fulfilled ; tions for the mobilization of cereals as food aid (3), and 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 in ques­ value of the unit of account and the exchange rates to tion ; be applied for the purposes of the common agricul­ tural policy (4), as last amended by Regulation (EEC) Whereas the Commission must be informed quickly No 2543/73 (5), and in particular Article 3 thereof, of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to the opinion of the Monetary 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 1 250 tonnes of husked rice (in other words, 862 tonnes of milled long grain rice) to the Republic of Gambia 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 anywhere on the Community market ; Article 1 Whereas the proposed invitation to tender should be for supply of the products on the quay or in the 1 . Tenders are hereby invited for the supply to the lighter where applicable at the port of unloading Republic of Gambia, by way of Community food-aid Banjul ; action , of 862 tonnes of 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 products shall be loaded for exchange rates applicable in the framework of the departure from any Community port. common agricultural policy since monetary compensa­ tory amounts do not apply in the rice sector ; whereas it is advisable to take account of the monetary situa­ 3 . The invitation to tender provided for in para­ tion as regards different offers ; graph 1 is for supply of products on the quay or in the lighter where applicable, in the port of Banjul . (•) OJ No L 166, 25. 6 . 1976, p. 1 . I2) OJ No L 188, 26. 7. 1979, p. 9. 4. The successful tenderer shall deliver the product (3) 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 of a net (5) OJ No L 263 , 19 . 9 . 1973, p. 1 . capacity of 50 kilograms.

No L 290/42 17 . 11 . 79 Official Journal of the European Communities

Minimum weight of the sacks shall be 600 grams. The 2. The security provided for in paragraph 1 may be following shall be printed on the sacks : given in the form of a cash deposit or of a guarantee issued by a credit institution conforming to the 'Milled rice / Gift of the European Economic Commu­ criteria laid down by the Member State. nity / For free distribution'.

To allow for the possibility of rebagging, the Article 6 successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the 1 . The milled long grain rice referred to in Article goods but with the printing followed by a capital letter 'R'. 1 to be supplied to the Republic of Gambia must meet the following requirements :

Article 2 — moisture : 1 5 % ; — broken rice : 5 % maximum ; 1 . The decision on tenders received in response to — chalky grains : 5 % maximum ; the invitation provided for in Article 1 shall be taken — grains striated with red : 3 % maximum ; on 3 December 1979 . — spotted grains : 1 -5 % maximum ; — stained grains : 1 % maximum ; 2. The closing date for the submission of tenders — yellow grains : 0-050 % maximum ; shall be 3 December 1979 at 12 noon . — amber grains : 0-20 % maximum . 3 . The notice of invitation to tender shall be Rice not meeting these requirements shall be refused. published in the Official Journal of the European Communities not less than nine days before the 2. Tenders for supply to the Republic of Gambia of closing date for the submission of tenders. the milled long grain rice referred to in Article 1 must relate to a product with the following characteristics : Article 3 — moisture : 1 5 % ; 1 . The prices offered must be expressed in the — broken rice : 5 % maximum ; currency of the Member State in which the invitation — chalky grains : 5 % maximum ; to tender was issued . — grains striated with red : 3 % maximum ; — spotted grains : 1 -5 % maximum ; 2. The rates used for converting into ECU those — stained grains : 1 % maximum ; offers made in national currencies shall be : — yellow grains : 0-050 % maximum ; — amber grains : 0-20 % maximum . — the central rate in cases where the relevant currency is held at any given moment within a band of 2-25 % , Article 7 — in other cases, the average spot exchange rate during the period from Wednesday of one week to 1 . The Italian intervention agency shall be respon­ Tuesday of the following week and which immedi­ sible for the operations relating to the invitation to ately precedes the time limit for the submission of tender provided for by this Regulation . tenders . 2. It shall forthwith communicate to the Commis­ Article 4 sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender The contract shall be awarded to the tenderer offering together with the name and business name of the the best terms . successful tenderer.

However, if the tenders submitted do not appear to 3 . Where the customs export formalities for the reflect normal market prices and costs, the interven­ mobilized product are completed in a Member State tion agency may cancel the invitation to tender. other than that in which the invitation to tender is issued, the intervention agency of the latter Member Article 5 State shall be responsible for the operations following tendering, including payment to the successful tenderer. 1 . The successful tenderer shall give security of a value of 12 ECU per tonne ; the security is intended to guarantee that the operations specified in Article 1 In such case, the intervention agency choosing the are duly completed . The security shall be forfeit if successful tenderer shall immediately inform the inter­ those operations are not carried out within the pres­ vention agency of the Member State concerned and cribed time limit, save as regards quantities not deliv­ shall supply it with all the information which it may ered owing to force majeure. require .

17 . 11 . 79 Official Journal of the European Communities No L 290 /43

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 operations relating to tendering is not the interven­ average of the spot rates referred to in the second tion agency which appoints the successful tenderer, it subparagraph of Article 3 (2) to the tenderer in the shall send as soon as possible to the latter the informa­ currency of the Member State in which the operations tion necessary for releasing the security. relating to the tendering are 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, 16 November 1979 .

For the Commission

Finn GUNDELACH Vice-President