31979R2759

8 . 12. 79 Official Journal of the European Communities No L 312/ 19

COMMISSION REGULATION ( EEC) No 2759/79 of 7 December 1979 opening an invitation to tender for the mobilization of milled long grain rice as food aid for Honduras

THE COMMISSION OF THE EUROPEAN it is advisable to take account of the monetary situa­ COMMUNITIES, tion as regards different offers ;

Having regard to the Treaty establishing the European Whereas the award under the invitation to tender Economic Community, must be made to the tenderer offering the best terms ;

Having regard to Council Regulation (EEC) No Whereas provisions should be made for security to be 1418/76 of 21 June 1976 on the common organiza­ given to guarantee fulfilment of the obligations arising tion of the market in rice ( l ), as last amended by Regu­ by virtue of participation in the invitation to tender lation (EEC) No 1552/79 0, for supplies to Honduras ;

Having regard to Council Regulation (EEC) No Whereas the Italian intervention agency should be 2750/75 of 29 October 1975 laying down the condi­ made responsible for the tendering procedure ; tions for the mobilization of cereals as food aid (3), and in particular Article 6 thereof, Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to Council Regulation No 129 on the and of those accepted by the intervention agency ; value of the unit of account and the exchange rates to be applied for the purposes of the common agricul­ Whereas the measures provided for in this Regulation tural policy (4), as last amended by Regulation (EEC) are in accordance with the opinion of the Manage­ No 2543/73 (5), and in particular Article 3 thereof, ment Committee for Cereals,

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 1 360 tonnes of milled long grain rice to Honduras under its 1978/79 food­ Article 1 aid programme ;

1 . Tenders are hereby invited for the supply to Whereas pursuant to Article 3 (3) of Council Regula­ Honduras, by way of Community food-aid action, of tion (EEC) No 2750/75 goods may be purchased 1 360 tonnes of milled long grain rice. anywhere on the Community market ;

2. The tendering procedure shall take place in Italy Whereas the proposed invitation to tender should be in one lot. The product shall be mobilized on the for supply of the products delivered to Puerto Cortes, Community market. Shipment shall be from any that is at the moment when the goods are actually Community port. placed on the quay or in the lighter where applicable ;

3 . The invitation to tender provided for in para­ Whereas in view of the different monetary circum­ graph 1 is for supply of products delivered to Puerto stances in the Member States, the observation of these Cortes, that is at the moment when the goods are actu­ conditions is not guaranteed by the application of ally placed on the quay or in the lighter where appli­ exchange rates applicable in the framework of the cable . common agricultural policy since monetary compensa­ tory amounts do not apply in the rice sector ; whereas 4. The successful tenderer shall deliver the product specified in paragraph 1 in new jute sacks of a net ( i ) OJ No L 166, 25. 6. 1976, p. 1 . (J) OJ No L 188 , 26. 7. 1979, p. 9 . capacity of 50 kilograms. (>) OJ No L 281 , 1 . 11 . 1975, p. 89 . («) OJ No 106, 30. 10. 1962, p. 2553/62. (5) OJ No L 263, 19 . 9 . 1973, p. 1 . The minimum weight of the sacks shall be 600 grams.

No L 312/20 Official Journal of the European Communities 8 . 12 . 79

The following shall be printed on the sacks : 2. The security provided for in paragraph 1 may be given in the form of a cash deposit or of a guarantee 'Rice / Gift of the European Economic Community to issued by a credit institution conforming to the Honduras / For free distribution '. criteria laid down by the Member State. To allow for the possibility of re-bagging, the succesful tenderer shall supply 2 % of new empty Article 6 sacks, of the same quality as those containing the goods but with the printing followed by a capital letter 4R\ 1 . The milled long grain grain rice referred to in Article 1 to be supplied to Honduras must meet the following requirements : Article 2 — moisture : 15% , 1 . The decision on tenders received in response to — broken rice : 5 % maximum , the invitation provided for in Article 1 shall be taken — chalky grains : 5 % maximum, on 9 January 1980. — grains striated with red : 3 % maximum, — spotted grains : 1 -5 % maximum, 2. The closing date for the submission of tenders — stained grains : 1 % maximum, shall be 9 January 1980 at 12 noon . — yellow grains : 0 050 % maximum, — amber grains : 0-20 % maximum . 3 . The notice of invitation to tender shall be published in the Official Journal of the European Rice not meeting these requirements shall be refused. Communities not less than nine days before the closing date for the submission of tenders. 2. Tenders for supply to Honduras of the milled long grain rice referred to in Article 1 must relate to a Article 3 product with the following characteristics :

1 . The prices offered must be expressed in the — moisture : 1 5 % , currency of the Member State in which the invitation — broken rice : 5 % maximum , to tender was issued. — chalky grains : 5 % maximum, — grains striated with red : 3 % maximum, 2. The rates used for converting into ECU those — spotted grains : 1 -5 % maximum, offers made in national currencies shall be : — stained grains : 1 % maximum, — yellow grains : 0-050 % maximum, — the central rate in cases where the relevant — amber grains : 0-20 % maximum . currency is held at any given moment within a band of 2-25 % , — in other cases, the average spot exchange rate Article 7 during the period from Wednesday of one week to Tuesday of the following week and which immedi­ 1 . The Italian intervention agency shall be respon­ ately precedes the time limit for the submission of sible for the operations relating to the invitation to tenders . tender provided for by this Regulation .

Article 4 2 . It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ The contract shall be awarded to the tenderer offering tation to tender, specifying the terms of each tender, the best terms . together with the name and business name of the successful tenderer. However, if the tenders submitted do not appear to correspond to normal market prices and costs, the 3 . Where the customs export formalities for the intervention agency may cancel the invitation to mobilized product are completed in a Member State 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 .

8 . 12. 79 No L 312/21 Official Journal of the European Communities

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 operation relating to tendering is not the interven­ average of the spot rates referred to in Article 3 (2) to tion agency which appoints the successful tenderer, it the tenderer in the currency of the Member State in shall send as soon as possible to the latter the informa­ which the operations relating to the tendering are tion necessary for releasing the security. 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, 7 December 1979 .

For the Commission

Finn GUNDELACH Vice-President