CELEX: 31976R2801
Language: en
Date: 1976-11-18 00:00:00
Title: Commission Regulation (EEC) No 2801/76 of 18 November 1976 opening an invitation to tender for the mobilization of rolled oats as food aid for the United Nations Children's Fund (UNICEF)

20 . 11 . 76                             Official Journal of the European Communities                            No L 320/ 13
                                   COMMISSION REGULATION ( EEC) No 2801 /76
                                                      of 18 November 1976
              opening an invitation to tender (or the mobilization of rolled oats as food aid
                                  for the United Nations Children's Fund (UNICEF)
THE COMMISSION OF THE EUROPEAN                     .               Whereas it is important that the Commission be
COMMUNITIES,                                                       informed without delay of the tenders submitted in
                                                                    response to the invitation and of those accepted by
Having regard to the Treaty establishing the European              the intervention agency •
Economic Community,
                                                                   Whereas the Monetary Committee will be consulted ;
Having regard to Council Regulation (EEC) No                       whereas, in view of the urgency, the measures envis­
2727/75 of 29 October 1975 on the common organiza­                 aged should be adopted in accordance with the condi­
tion of the market in cereals ('), as amended by Regula­           tions laid down in Article 3 (2) of Council Regulation
tion (EEC) No 1 143/76 (2),                                         No 129 on value of the unit of account and the
                                                                   exchange rates to be applied for the purposes of the
Having regard to Council Regulation (EEC) No                       common agricultural policy (4), as last amended by
2750/75 of 29 October 1975 laying down the condi­                  Regulation' (EEC) No 2543/73 (5), and in particular
tions for the mobilization of cereals as food aid (3), and         Article 3 thereof ;
in particular Article 6 thereof,
Whereas on 25 March 1976 the Council of the Euro­                  Whereas the measures provided for in this Regulation
pean Communities declared that it proposed, by way                 are in accordance with the opinion of the Manage­
                                                                    ment Committee for Cereals,
of Community action, to grant the equivalent of 3 404
metric tons of oats, in the form of 1 702 metric tons
of rolled oats, to UNICEF under its 1975/76 food-aid
programme ;                                                         HAS ADOPTED THIS REGULATION :
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 . An invitation to tender shall be issued in respect
Whereas the proposed invitation to tender should be                of the supply of 1 702 metric tons of rolled oats to
for supply of the products to the dock or in the                   UNICEF by way of Community food-aid action .
lighter where applicable at the port of unloading ;
                                                                   2. The tendering procedure shall take place in the
Whereas tenders may be submitted by tenderers esta­                 Netherlands in three lots. The product shall be mobi­
blished in any Member State of the Community and                    lized on the Community market. The product shall be
may relate to products mobilized anywhere within                   loaded for departure from a Community port.
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure              3 . The invitation to tender provided for in para­
that the tenders are as comparable as possible, account            graph 1 is for supply of products to the dock, or in
should be taken of the effect on each tender of the                the lighter where applicable in one of the ports of
currency situation in the Member State in which the                unloading listed in the Annex hereto.
customs export formalities will be completed ;
                                                                   4.     The   successful     tenderer    shall  deliver the
Whereas the award under the invitation to tender                   products specified in paragraph 1 in sacks of 25 kilo­
must be made in favour of the tenderer offering the                grammes net according to the conditions laid down in
best terms ;                                                       the Annex hereto .
Whereas provision should be made for security to be
given to guarantee fulfilment of obligations arising by                                       Article 2
virtue of participation in the invitation to tender for
the supply of goods to UNICEF ;                                     1 . The decision on tenders received in response to
                                                                   the invitation provided for in Article 1 shall be taken
Whereas the Dutch intervention agency should be                    on 3 December 1976 .
made responsible for organizing the invitation to
tender ;                                                           2.     The closing date for submission of tenders shall
                                                                   be 3 December 1976 at 12 noon .
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2 ) OJ No L 130 , 19 . 5 . 1976, p. 1 .                           0 OJ No 106, 30 . 10 . 1962, p. 2553/62.
(3) OJ No L 281 , 1 . 1 1 . 1975, p. 89 .                          (5) OJ No L 263 , 19 . 9 . 1973, p . I.
 ---pagebreak---  No L 320/ 14                      Official Journal of the European Communities                             20 . 11 . 76
 3.    The   notice of invitation   to tender shall   be      It shall be released :
 published in the Official Journal of the European           — in the case of all tenderers whose tenders are
 Communities not less than nine days before the
closing date for submission of tenders.                           unsuccessful or are not accepted,
                                                             — in the case of the successful tenderer, when the
                         Article 3
                                                                  operations concerned have been carried out within
                                                                  the prescribed time limit and on submission of
 1 . The prices offered must be expressed in the                  the original export licence duly granted and
currency of the Member State in which the invitation              endorsed by the competent authorities of the
to tender was issued .                                            Member State mentioned in the tender pursuant
                                                                  to Article 3 (2),
2. Tenders must in particular mention the Member             — in the case of the successful tenderer for quantities
State in which the tenderer, in the event of his being            not supplied by reason of force majeure.
declared successful, expects to complete the customs
export formalities for the products concerned .              2. The security required under paragraph 1 may be
                                                             provided in the form of a cash deposit or of a
3 . For the purpose of rendering the tenders compar­         guarantee issued by a credit institution conforming to
able, the prices shall , where appropriate, be corrected     criteria laid down by each Member State.
by the monetary compensatory amount and the acces­
sion compensatory amount applicable on the closing                                    Article 6
date for submission of tenders to exports from the
Member State mentioned in the tender pursuant to              1.    The rolled oats referred to in Article 1 to be
paragraph 2.                                                 supplied to UNICEF must meet the requirements
                                                             contained in the Annex hereto.
Such correction shall be made by :
— increasing prices which mention a Member State             Oats not meeting these requirements shall be refused.
     whose currency has depreciated or a new Member
     State,                                                  2. Tenders for supply to UNICEF of the rolled oats
                                                             referred to in Article 1 must relate to a product with
— reducing prices which mention a Member State               the characteristics contained in the Annex hereto .
    whose currency has been revalued .
The monetary compensatory amount shall, where                                         Article 7
appropriate, be converted into the currency of the
Member State in which the invitation to tender is            1 . The Dutch intervention ag'ency shall be respon­
issued using :                                               sible for operations relating to the invitation to tender
— in the case when the currencies concerned are
                                                             provided for by this Regulation .
     kept at any given moment within a band of               2.     It shall forthwith communicate to the Commis­
     2-25 % , a conversion rate resulting from their         sion the list of firms which have responded to the invi­
    central rate,                                            tation to tender, specifying the terms of each tender,
— in the other cases, the average of the spot rates of       together with the name and business name of the
     the currencies concerned recorded in the Member         successful tenderer.
    State in which the invitation to tender is issued
    during a period from the Wednesday of one week           3 . Where the customs export formalities for the
    to the Tuesday of the following week being the .         mobilized product are completed in a Member State
                                                             other than that in which the invitation to tender is
     period immediately preceding the closing date for
    submission of tenders .                                  issued, the intervention agency of the latter Member
                                                             State shall be responsible for the operations following
                                                             tendering, including payment to the successful ten­
                         Article 4                           derer.
The contract shall be awarded to the tenderer offering       In such case, the intervention agency choosing the
the best terms, taking into consideration the adjust­        successful tenderer shall immediately inform the inter­
ment referred to in Article 3 (3).                           vention agency of the Member State concerned and
                                                             shall supply it with the information which it may
However, if the tenders submitted do not appear to
                                                             require.
reflect normal market prices and costs, the interven­
tion agency may cancel the invitation to tender.             Furthermore, the amount of the successful tender
                                                             shall be paid after it has been converted using the
                         Article 5                           average of the spot rates referred to in the second
                                                             subparagraph of Article 3 (3) to the tenderer in the
1 . The tenderer shall give security in an amount of         currency of the Member State in which the operations
10 units of account per metric ton of goods.                 relating to the tendering are completed .
 ---pagebreak--- 20 . 11 . 76                       Official Journal of the European Communities                          No L 320/ 15
4. The intervention agency shall request the                  5. When the intervention agency responsible for
successful tenderer to supply the following informa­          the operations relating to tendering is not the interven­
tion :                                                        tion agency which appoints the successful tenderer, it
(a) after each shipment a certificate showing the quan­       shall send as soon as possible to the latter the informa­
     tities dispatched and the quality of the products ;      tion necessary for releasing the security.
(b) the date of the departure of the vessels, the
    expected date of arrival of the products at their
    destination ;
(c) all possible contingencies which might occur                                      Article 8
    during transportation of the products.
The information indicated above shall be forwarded            This Regulation shall enter into force on the day of its
by the intervention agency to the Commission imme­            publication in the . Official Journal of the European
diately upon receipt.                                         Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 18 November 1976 .
                                                                       For the Commission
                                                                         P.J. LARDINOIS
                                                                    Member of the Commission
 ---pagebreak--- No L 320/ 16                          Official Journal of the European Communities                                         20 . 11 . 76
                                                                 ANNEX
                                                         SPECIFICATIONS
              Production of quick-cooking oat flakes :
              Raw oats : First quality high-density oats.
              Cleaning and preparation : Oats to be cleaned of extraneous matter, debittered and stabilized by
              treatment with steam .
              Hulling : Oats to be size-classified and hulled. After separation of husks oat kernels to be scoured
              and polished.
              Groats : Oat kernels to be cut, sorted and air-cleaned. Groats dampened and pre-cooked with steam,
              then rolled to flakes .
              Oat flakes : To be packaged in 25 kg bags (2 % empty bags).
              Bag composition :
              — four bags of Kraft paper, of a strength corresponding to a weight of at least 70 g/m 2 ;
              — one interposed bag made of tarred paper of a strength corresponding to a weight of at least 140
                  g/m2 ;
              — one double-bound polyethylene internal pocket at least 0 06 mm thick ;
              — top and bottom seals of bag to be pasted ;
              — insect repellent to be applied to outside of bag.
              Quality of oat flakes :
              Humidity : less than 12% .
              Ash content : less than 2-3 % of dry matter.
              Crude fibre : less than 1 -5 % of dry matter.
              Husk content : less than 010% of dry matter.
              Protein content : not less than 14% of dry matter.
Number of lot       Port of unloading          Metric tonnage cif         Loading period            Inscription on the sacks
     1              Dar-es-Salaam                     900              1 to 30 . 1 . 1977
                                                                                           J Rolled oats — Gift of the Euro­
                                                                                          pean Economic Community —
                                                                                          f   Action    of     the   United    Nations
                                                                                          \   Children's Fund ( UNICEF)
    2              Aden                               480              1 to 30 . 1 . 1977
                                                                                          J . Flocons d'avoine — Don de la
                                                                                          f   Communauté économique euro­
    3               Haiphong                          322              1 to 30 . 1 . 1977 péenne — Action du Fonds des
                                                                                          1 Nations unies pour l'enfance
                                                                                          ) (UNICEF)