31980R0370

16 . 2. 80 No L 40/27 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 370/80

of 15 February 1980

opening an invitation to tender for the mobilization of semi-milled long grain rice as food aid for Caritas

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 amended by Regula­ Whereas provision should be made for security to be tion (EEC) No 11 3/80 (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 the equivalent of 1 250 HAS ADOPTED THIS REGULATION : tonnes of husked rice (in other words, 925 tonnes of semi-milled long grain rice) to Caritas under its 1 978 /79 food-aid programme ;

Article 1 Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ; 1 . Tenders are hereby invited for the supply to Caritas by way of Community food-aid action, of 925 Whereas tenders should be invited for the supply of tonnes of semi-milled long grain rice. the product to the port of shipment in the vicinity of the vessel , the goods to be set down at the place nomi­ 2. The tendering procedure shall take place in Italy nated by the recipient or its agent ; in two lots. The product shall be mobilized on the Community market. The product shall be loaded for Whereas, in view of the different monetary circum­ departure from any Community port. stances in the Member States, the observation of these conditions is not guaranteed by the application of 3 . The product referred to in paragraph 1 is to be exchange rates applicable in the framework of the delivered to the port of shipment in the vicinity of the common agricultural policy since monetary compensa­ vessel . The goods must be set down at the place nomi­ tory amounts do not apply in the rice sector ; whereas nated by the recipient country or its agent, the timing it is advisable to take account of the monetary situa­ of delivery being settled by the tenderer and the recip­ tion as regards different offers ; ient country's agent.

(') OJ No L 166, 25 . 6 . 1976, p. 1 . (2 ) OJ No L 16, 22. 1 . 1980, p. 1 . 4. The successful tenderer shall deliver the product (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . specified in paragraph 1 in new jute sacks lined with (4 ) OJ No 106, 30 . 10 . 1962, p. 2553 /62. (5 ) OJ No L 263 , 19 . 9 . 1973 , p . 1 . cotton sacks of a net capacity of 50 kilograms.

No L 40 /28 Official Journal of the European Communities 16. 2. 80

The following shall be printed on the sacks : notice of invitation to tender as a result of the late availability of the vessels to be used for sea transporta­ Lot No 1 (500 tonnes) : tion, the resulting costs shall be borne by the interven­ ' Riz semi-blanchi / Don de la Communauté écono­ tion agency. mique européenne / Pour distribution gratuite / Caritas / Kinshasa via Matadi / 5217'; Article 6 Lot No 2 (425 tonnes) : 1 . The tenderer shall give security of a value of 12 ' Riz semi-blanchi / Don de la Communauté écono­ ECU per tonne of goods. mique européenne / Pour distribution gratuite / Caritas / Kinshasa via Matadi / 5218 '. It shall be released :

To allow for the possibility of re-bagging, the — in the case of all tenderers whose tenders are successful tenderer shall supply 2 % of new empty unsuccessful or are not accepted, sacks, of the same quality as those containing the — in the case of the successful tenderer, when the goods but with the printing followed by a capital operations concerned have been carried out within letter ' R '. the prescribed time limit and on submission of the original export licence duly granted and Article 2 endorsed by the competent authorities of the Member State mentioned in the tender pursuant 1 . The decision on tenders received in response to to Article 3 (2), the invitation provided for in Article 1 shall be taken on 3 March 1980 . — in the case of the successful tenderer, for quanti­ ties supplied by reason of force majeure. 2. The closing date for the submission of tenders shall be 3 March 1980 at 12 noon . 2. The security required under paragraph 1 may be provided in the form of a cash deposit or of a 3 . The notice of invitation to tender shall be guarantee issued by a credit institution conforming to published in the Official Journal of the European criteria laid down by each Member State. Communities not less than nine days before the closing date for the submission of tenders. Article 7

Article 3 1 . The semi-milled long grain rice referred to in 1 . The prices offered must be expressed in the Article 1 to be supplied to Caritas must meet the currency of the Member State in which the invitation following requirements : to tender was issued . — moisture : 15% ,

2. The rates used for converting into ECU those — broken rice : 5 % maximum , offers made in national currencies shall be : — chalky grains : 5 % maximum, — the central rate in cases where the relevant — grains striated with red : 3 % maximum, currency is held at any given moment within a — spotted grains : 1 -5 % maximum, band of 2-25 % , — stained grains : 1 % maximum, — in other cases, the average spot exchange rate during the period from Wednesday of one week to — yellow grains : 0 050 % maximum, Tuesday of the following week and which immedi­ — amber grains : 0-20 % maximum . ately precedes the time limit for the submission of tenders . Rice not meeting these requirements shall be refused.

Article 4 2. Tenders for supply to Caritas of the semi-milled long grain rice referred to in Article 1 must relate to a The contract shall be awarded to the tenderer offering product with the following characteristics : the best terms . — moisture : 1 5 % , However, if the tenders submitted do not appear to — broken rice : 5 % maximum , correspond to normal market prices and costs, the — chalky grains : 5 % maximum, intervention agency may cancel the invitation to tender. — grains striated with red : 3 % maximum ,

— spotted grains : 1-5% maximum ,

Article5¶

— yellow grains : 0-050 % maximum , If the tenderer is unable to deliver the goods in compliance with Article 1 (3) on the date given in the — amber grains : 0-20 % maximum .

16 . 2 . 80 No L 40/29 Official Journal of the European Communities

Article 8 4. The intervention agency shall request the successful tenderer to supply the following informa­ 1 . The Italian intervention agency shall be respon­ tion : sible for the operations relating to the invitation to (a) after each shipment, a certificate showing the quan­ tender provided for by this Regulation . tities dispatched and the quality of the products ; 2 . It shall forthwith communicate to the Commis­ (b) the date of departure of the vessels. sion the list of firms which have responded to the invi­ The information indicated above shall be forwarded tation to tender, specifying the terms of each tender, by the intervention agency to the Commission imme­ together with the name and business name of the successful tenderer. diately upon receipt.

5. When the intervention agency responsible for 3. Where the customs export formalities for the the operations relating to tendering is not the interven­ mobilized product are completed in a Member State tion agency which appoints the successful tenderer, it other than that in which the invitation to tender is shall send as soon as possible to the latter the informa­ issued, the intervention agency of the latter Member tion necessary for releasing the security. State shall be responsible for the operations following tendering, including payment to the successful Article 9 tenderer. On delivery of the goods at the port of shipment, a In such case, the intervention agency choosing the handing-over certificate shall be supplied to the successful tenderer shall immediately inform the inter­ successful tenderer, acting as agent for the Commu­ vention agency of the Member State concerned and nity, by the agent of the recipient country, or, in the shall supply it with all the information which it may absence of the latter, by the intervention agency of the require . Member State in whose territory the port of shipment is situated . Furthermore, the amount of the successful tender shall be paid after it has been converted using the Article 10 average of the spot rates referred to in Article 3 (2) to the tenderer in the currency of the Member State in This Regulation shall enter into force on the day of its which the operations relating to the tendering are publication in the Official Journal of the European Com munities. completed.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 15 February 1980 .

For the Commission

Finn GUNDELACH

Vice-President