31980R0169
26. 1 . 80 No L 20/33 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 169/80
of 25 January 1980
opening an invitation to tender for the mobilization of semi-milled long grain rice as food aid for the United Nations High Commissioner for Refugees
THE COMMISSION OF THE EUROPEAN tory amounts do not apply in the rice sector ; whereas COMMUNITIES, 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 Whereas, should force majeure make it impossible to tion of the market in rice ('), as amended by Regula complete the operation in question within the time tion (EEC) No 113/80 0, 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 Whereas provision should be made for security to be tions for the mobilization of cereals as food aid (3), and given to guarantee fulfilment of the obligations arising in particular Article 6 thereof, by virtue of participation in the invitation to tender ;
Having regard to Council Regulation No 129 on the Whereas the Italian intervention agency should be value of the unit of account and the exchange rates to made responsible for the tendering procedure ; be applied for the purposes of the common agricul 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 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 are in accordance with the opinion of the Manage Whereas on 8 May 1979 the Council of the European ment Committee for Cereals, Communities declared that it proposed, by way of Community action, to grant the equivalent of 12 168 tonnes of husked rice (in other words, 9 000 tonnes of semi-milled long grain rice) to the United Nations High Commissioner for Refugees under its 1978/79 HAS ADOPTED THIS REGULATION : food-aid programme ;
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 United Nations High Commissioner for Refugees, by for supply of the products placed on the quay at the way of Community action, of 9 000 tonnes of semi port of unloading ; 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 six lots. The product shall be mobilized on the conditions is not guaranteed by the application of Community market. The product shall be loaded for exchange rates applicable in the framework of the departure from any Community port. common agricultural policy since monetary compensa
1) OJ No L 166, 25 . 6. 1976, p. 1 . 3. The invitation to tender provided for in para (2) OJ No L 16, 22. 1 . 1980, p. 1 . graph 1 is for supply of products delivered on the (>) OJ No L 281 , 1 . 11 . 1975, p. 89 . («) OJ No 106, 30 . 10 . 1962, p. 2553/62. quay in one of the ports of unloading listed in the Annex . (5) OJ No L 263, 19 . 9 . 1973, p. 1 .
No L 20/34 Official Journal of the European Communities 26 . 1 . 80
4. The successful tenderer shall deliver the product to guarantee that the operations specified in Article 1 specified in paragraph 1 in new jute sacks lined with are duly completed. The security shall be forfeit if cotton sacks of a net capacity of 50 kilograms. those operations are not carried out within the pres cribed time limit, save as regards quantities not deliv The following shall be printed on the sacks : ered owing to force majeure.
'Rice / Gift of the European Economic Community / 2. The security provided for in paragraph 1 may be Action of the United Nations High Commissioner for given in the form of a cash deposit or of a guarantee Refugees'. issued by a credit institution conforming to the To allow for the possibility of re-bagging, the criteria laid down by the Member State. successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the goods but with the printing followed by a capital Article 6 letter 'R\ 1 . The semi-milled long grain rice referred to in Article 1 to be supplied to the United Nations High Article 2 Commissioner for Refugees must meet the following requirements : 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken — moisture : 15 % , on 11 February 1980. — broken rice : 5 % maximum, 2. The closing date for the submission of tenders — chalky grains : 5 % maximum, shall be 11 February 1980 at 12 noon . — grains striated with red : 3 % maximum, 3 . The notice of invitation to tender shall be — spotted grains : 1 .5 % maximum, published in the Official Journal of the European Communities not less than nine days before the — stained grains : 1 % maximum, closing date for the submission of tenders. — yellow grains : 0 050 % maximum,
— amber grains : 0.20 % maximum. Article 3 Rice not meeting these requirements shall be refused. 1 . The prices offered must be expressed in the currency of the Member State in which the invitation 2. Tenders for supply to the United Nations High to tender was issued . Commissioner for Refugees of the semi-milled long grain rice referred to in Article 1 must relate to a 2. The rates used for converting into ECU those product with the following characteristics : offers, made in national currencies shall be : — the central rate in cases where the relevant — moisture : 15 % ,
currency is held at any given moment within a — broken rice : 5 % maximum, band of 2.25 % , — chalky grains : 5 % maximum, — in other cases, the average spot exchange rate — grains striated with red : 3 % maximum, during the period from Wednesday of one week to Tuesday of the following week and which immedi — spotted grains : 1 -5 % maximum, ately precedes the time limit for the submission of — stained grains : 1 % maximum, offers . — yellow grains : 0 050 % maximum,
Article4¶
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 successful tenderer shall give security of a together with the name and business name of the successful tenderer. value of 1 2 ECU per tonne ; the security is intended
26 . 1 . 80 Official Journal of the European Communities No L 20/35
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 tenderer specifies the following information : payment.
(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, 25 January 1980.
For the Commission
Finn GUNDELACH
Vice-President
ANNEX
Number Port of unloading Minimum rate of unloading Tonnage cif of lot
1 Manila 660
2 1 320 3 1 Tanjung-Pinang-Bintan 1 000 ) (Riau Islands) 4 1 000 } via Singapore 5 1 000 6 Vientiane |-Customsoftheport 4 020