31980R0373

16 . 2 . 80 Official Journal of the European Communities No L 40 /37

COMMISSION REGULATION (EEC) No 373/80 of IS February 1980 opening a new 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 whereas, in view of the different monetary circum­ COMMUNITIES, stances in the Member States, the observation of these conditions is not guaranteed by the application of Having regard to the Treaty establishing the European exchange rates applicable in the framework of the Economic Community, common agricultural policy since monetary compensa­ tory amounts do not apply in the rice sector ; whereas Having regard to Council Regulation (EEC) No it is advisable to take account of the monetary situa­ 1418/76 of 21 June 1976 on the common organiza­ tion as regards different offers ; tion of the market in rice ('), as amended by Regula­ tion (EEC) No 1 1 3/80 (2), 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 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3), and Whereas, should force majeure make it impossible to in particular Article 6 thereof, complete the operation in question within the time limits specified, it must be made clear who is to bear Having regard to Council Regulation No 129 on the the liability for any resulting costs ; value of the unit of account and the exchange rates to be applied for the purposes of the common agricul­ Whereas provision should be made for security to be tural policy (4), as last amended by Regulation (EEC) given to guarantee fulfilment of the obligations arising No 2543 /73 (5), and in particular Article 3 thereof, by virtue of participation in the invitation to tender ;

Having regard to the opinion of the Monetary Committee, Whereas the Italian intervention agency should be made responsible for the tendering procedure ; Whereas on 8 May 1979 the Council of the European Communities declared that it proposed, by way of Whereas the Commission must be informed quickly Community action, to grant the equivalent of 12 168 of the tenders submitted in response to the invitation tonnes of husked rice (in other words, 9 000 tonnes of and of those accepted by the intervention agency ; semi-milled long grain rice) to the United Nations High Commissioner for Refugees under its 1978 /79 food-aid programme ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ ment Committee for Cereals, Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ;

Whereas the invitation to tender opened in the HAS ADOPTED THIS REGULATION : Community under 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 Commis­ Article 1 sioner for Refugees (6) was not allocated ; whereas a new invitation to tender should therefore be opened ; 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 on the quay or in the way of Community action , of 9 000 tonnes of semi­ lighter where applicable at the port of unloading ; milled long grain rice. ') OJ No L 166, 25 . 6. 1976 , p. 1 . 2) OJ No L 16, 22. 1 . 1980 , p . 1 . 2. The tendering procedure shall take place in Italy }) OJ No L 281 , 1 . 11 . 1975, p . 89. in six lots. The product shall be mobilized on the «) OJ No 106, 30 . 10 . 1962, p . 2553/62. s) OJ No L 263, 19 . 9 . 1973 , p. 1 . Community market. The product shall be loaded for 4) OJ No L 20, 26 . 1 . 1980 , p . 33 . departure from any Community port.

No L 40/38 Official Journal of the European Communities 16 . 2. 80

3 . The invitation to tender provided for in para­ to guarantee that the operations specified in Article 1 graph 1 is for supply of products on the quay or in are duly completed. The security shall be forfeit if the lighter where applicable, in the ports of unloading those operations are not carried out within the pres­ listed in the Annex . cribed time limit, save as regards quantities not deliv­ ered owing to force majeure. 4. The successful tenderer shall deliver the product specified in paragraph 1 in new jute sacks lined with 2. The security provided for in paragraph 1 may be cotton sacks of a net capacity of 50 kilograms. given in the form of a cash deposit or of a guarantee issued by a credit institution conforming to the The following shall be printed on the sacks : criteria laid down by the Member State. 'Rice / Gift of the European Economic Community / Action of United Nations High Commissioner for Article 6 Refugees'. 1 . The semi-milled long grain rice referred to in To allow for the possibility of re-bagging, the Article 1 to be supplied to the United Nations High successful tenderer shall supply 2 % of new empty Commissioner for Refugees must meet the following sacks, of the same quality as those containing the requirements : goods but with the printing followed by a capital letter *R\ — moisture : 15% , — broken rice : 5 % maximum, Article 2 — chalky grains : 5 % maximum, 1 . The decision on tenders received in response to — grains striated with red : 3 % maximum, the invitation provided for in Article 1 shall be taken — spotted grains : 1 -5 % maximum, on 3 March 1980 . — stained grains : 1 % maximum, 2. The closing date for the submission of tenders — yellow grains : 0-050 % maximum, shall be 3 March 1980 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 United Nations High closing date for the submission of tenders. Commissioner for Refugees of the semi-milled long grain rice referred to in Article 1 must relate to a Article 3 product with the following characteristics : — moisture : 15% , 1 . The prices offered must be expressed in the — broken rice : 5 % maximum , currency of the Member State in which the invitation to tender was issued . — chalky grains : 5 % maximum, — grains striated with red : 3 % maximum, 2. The rates used for converting into ECU those offers, made in national currencies shall be : — spotted grains : 1 -5 % maximum, — stained grains : 1 % maximum, — the central rate in cases where the relevant currency is held at any given moment within a — yellow grains : 0-050 % maximum, band of 2-25 % , — amber grains : 0-20 % maximum . — in other cases, the average spot exchange rate during the period from Wednesday of one week to Article 7 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 offers . sible for the operations relating to the invitation to 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 the best terms . tation to tender, specifying the terms of each tender, together with the name and business name of the However, if the tenders submitted do not appear to successful tenderer. correspond to normal market prices and costs, the intervention agency may cancel the invitation to 3. Where the customs export formalities for the tender. mobilized product are completed in a Member State 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 1 . The successful tenderer shall give security of a tendering, including payment to the successful tenderer . value of 1 2 ECU per tonne ; the security is intended

16 . 2 . 80 Official Journal of the European Communities No L 40/39

In such case, the intervention agency choosing the The intervention agency shall transmit the informa­ successful tenderer shall immediately inform the inter­ tion provided to the Commission as soon as it is vention agency of the Member State concerned and received. shall supply it with all the information which it may 5. When the intervention agency responsible for require. the operations relating to tendering is not the interven­ Furthermore, the amount of the successful tender tion agency which appoints the successful tenderer, it shall be paid after it has been converted using the shall send as soon as possible to the latter the informa­ average of the spot rates referred to in Article 3 (2) to tion necessary for releasing the security. the tenderer in the currency of the Member State in which the operations relating to the tendering are Article 8 completed. As regards this tender, the intervention agency is auth­ 4. The intervention agency shall ask that the orized to make an initial payment of 80 % of the tenderer specifies the following information : value of the quantity given in the bill of lading, on (a) after each shipment, a statement giving details of presentation of that document and subject to the the quantities loaded, the quality of the products taking of a security for an amount equal to the initial payment. and their packaging ; (b) the date of the departure of the ships ; the Article 9 expected date of arrival of the products at their destination ; This Regulation shall enter into force on the day of its (c) all possible contingencies which might occur publication in the Official Journal of the European during transportation of the products. Communities. ,

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

/liViV£A

Number Port of unloading Minimum rate of unloading Tonnage cif of lot

1 Manila 660 I

2 1 320 / Tanjung-Pinang­ 3 1 000 > Bintan (Riau Islands) 4 1 000 S via Singapore 5 | Customs of the port

1 000 6 Vientiane 4 020 I