31979R2710
4. 12 . 79 Official Journal of the European Communities No L 308 / 5
COMMISSION REGULATION ( EEC) No 2710/79
of 30 November 1979
opening an invitation to tender for the mobilization of milled long grain rice as food aid for the Democratic Republic of Madagascar
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 Whereas provision should be made for security to be lation (EEC) No 1552/79(2), given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ; 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 Italian intervention agency should be in particular Article 6 thereof, made responsible for the tendering procedure ;
Having regard to Council Regulation No 129 on the Whereas the Commission must be informed quickly value of the unit of account and the exchange rates to of the tenders submitted in response to the invitation be applied for the purposes of the common agricul and of those accepted by the intervention agency ; tural policy (4), as last amended by Regulation (EEC) No 2543/73 (5), and in particular Article 3 thereof, Whereas the measures provided for in this Regulation Having regard to the opinion of the Monetary are in accordance with the opinion of the Manage Committee, ment Committee for Cereals.
Whereas on 8 May 1979 the Council of the European Communities declared that it proposed, by way of Community action , to grant to 3 105 tonnes of milled long grain rice to the Democratic Republic of HAS ADOPTED THIS REGULATION : Madagascar under its 1978/79 food-aid programme ;
Whereas pursuant to Article 3 (3) of Council Regula Article 1 tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ;
1 . Tenders are hereby invited for the supply to the Whereas tenders should be invited for the supply of Democratic Republic of Madagascar by way of the product to the port of shipment in the vicinity of Community food-aid action of 3 105 tonnes of milled the vessel, the goods to be set down at the place nomi long grain rice. nated by the recipient or its agent ;
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. Loading shall be carried out in a conditions is not guaranteed by the application of Community port which has regular services to exchange rates applicable in the framework of the Madagascar. 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 product referred to in paragraph 1 is to be tion as regards different offers ; delivered in new jute sacks of a net capacity of 50 kilo grams to the port of shipment in the vicinity of the (>) OJ No L 166, 25. 6. 1976, p. 1 . vessel. The goods must be set down at the place nomi (2) OJ No L 188 , 26. 7. 1979, p. 11 . nated by the recipient country or its agent, the timing (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . of delivery being settled by the tenderer and the recip (4) OJ No 106, 30 . 10 . 1962, p. 2553/62. (5) OJ No L 263, 19 . 9 . 1973, p. 1 . ient country's agent.
No L 308 / 6 Official Journal of the European Communities 4 . 12 . 79
Minimum weight of the sacks shall be 600 grams. The tion, the resulting costs shall be borne by the interven following shall be printed on the sacks : tion agency .
Riz blanchi / Don de la Communauté économique européenne à Madagascar'. Article 6
To allow for the possibility of re-bagging, the 1 . The successful tenderer shall give security of a successful tenderer shall supply 2 % of new empty value of 12 ECU per tonne ; the security is intended sacks, of the same quality as those containing the to guarantee that the operations specified in Article 1 goods but with the printing followed by a capital are duly completed. The security shall be forfeit if letter ' R'. those operations are not carried out within the pres cribed time limit, save as regards quantities not deliv ered owing to force majeure. Article 2
2. The security for in paragraph 1 may be in the 1 . The decision on tenders received in response to form of a cash deposit or of a guarantee isued by a the invitation provided for in Article 1 shall be taken on 17 December 1979 . credit institution conforming to the criteria laid down by the Member State .
2. The closing date for the submission of tenders shall be 17 December 1979 at 12 noon . Article 7
3 . The notice of invitation to tender shall be 1 . The milled long grain rice referred to in Article published in the Official Journal of the European 1 to be supplied to the Democratic Republic of Communities not less than nine days before the Madagascar must meet the following requirements : closing date for the submission of tenders.
— moisture : 15 % , — broken rice : 5 % maximum , Article 3 — chalky grains : 5 % maximum , — grains striated with red : 3 % maximum , 1 . The prices offered must be expressed in the — spotted grains : 1.5 % maximum , currency of the Member State in which the invitation to tender was issued . — stained grains : 1 % maximum , — yellow grains : 0.050 % maximum, — amber grains : 0.20 % maximum . 2. The rates used for converting into ECU those offers made in national currencies shall be : Rice not meeting these requirements shall be refused . — the central rate in cases where the relevant currency is held at any given moment within a 2. Tenders for supply to the Democratic Republic band of 2-25 % , of Madagascar of the milled long grain rice referred to in Article 1 must relate to a product with the — in other cases the average spot exchange rate during the period from Wednesday of one week to following characteristics :
Tuesday of the following week and which immedi — moisture : 15 % , ately precedes the time limit for the submission of — broken rice : 5 % maximum , tenders . — chalky grains : 5 % maximum , — grains striated with red : 3 % maximum , Article 4 — spotted grains : 1-5% maximum , — stained grains : 1 % maximum, — yellow grains : 0.050 % maximum , The contract shall be awarded to the tenderer offering the best terms . — amber grains : 0-20 % maximum .
However, if the tenders submitted do not appear to Article 8 correspond to normal market prices and costs, the intervention agency may cancel the invitation to tender . 1 . The Italian intervention agency shall be respon sible for the operations relating to the invitation to tender provied for by this Regulation . Article 5 2 . It shall forthwith communicate to the Commis If the tenderer is unable to deliver the goods in sion the list of firms which have responded to the invi compliance with Article 1 (3) on the date given in the tation to tender, specifying the terms of each tender, notice of invitation to tender as a result of the late together with the name and business name of the availability of the vessels to be used for sea transporta successful tenderer .
4 . 12 . 79 No L 308 / 7 Official Journal of the European Communities
3 . where the customs export formalities for the (b) the date of departure of the vessels. mobilized product are completed in a Member State The information indicated above shall be forwarded other than that in which the invitation to tender by the intervention agency to the Commission imme is issued, the intervention agency of the latter Member diately upon receipt. State shall be responsible for the operations following tendering, including payment to the successful 5. When the intervention agency responsible for tenderer. the operations relating to tendering is not the interven tion agency which appoints the successful tenderer, it In such case, the intervention agency choosing the shall send as soon as possible to the latter the informa successful tenderer shall immediately inform the inter tion necessary for releasing the security. vention agency of the Member State concerned and shall supply it with all the information which it may Article 9 require . On delivery of the goods at the port of shipment, a Furthermore, the amount of the successful tender handing-over certificate shall be supplied to the shall be paid after it has been converted using the successful tenderer, acting as agent for the Commu average of the spot rates referred to in Article 3 (2) to nity, by the agent of the recipient country or, in the the tenderer in the currency of the Member State in absence of the latter by the intervention agency of the which the operations relating to the tendering are Member State in whose territory the port of shipment completed . is situated .
4. The intervention agency shall request the Article 10 successful tenderer to supply the following informa tion : This Regulation shall enter into force on the day of its (a) after each shipment a certificate showing the quan publication in the Official Journal of the European Communities. tities dispatched and the quality of the products ;
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 30 November 1979 .
For the Commission
Finn GUNDELACH
Vice-President