CELEX: 31979R1780
Language: en
Date: 1979-08-10 00:00:00
Title: Commission Regulation (EEC) No 1780/79 of 10 August 1979 opening an invitation to tender for the mobilization of rolled oats as food aid for the International Committee of the Red Cross

11 . 8 . 79                               Official Journal of the European Communities                        No L 203/31
                                       COMMISSION REGULATION ( EEC) No 1780/79
                                                          of 10 August 1979
                 opening an invitation to tender for the mobilization of rolled oats as food aid
                                      for the International Committee of the Red Cross
 THE COMMISSION OF THE EUROPEAN                                       Whereas provision should be made for security to be
 COMMUNITIES,                                                         given to guarantee fulfilment of obligations arising by
                                                                      virtue of participation in the invitation to tender ;
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                      Whereas the Dutch intervention agency should be
 Having regard to Council Regulation (EEC) No                         made responsible for organizing the invitation to
 2727/75 of 29 October 1975 on the common organiza­                   tender ;
 tion of the market in cereals ('), as last amended by
 Regulation (EEC) No 1547/79(2),                                      Whereas it is important that the Commission be
 Having regard to Council Regulation (EEC) No                         informed without delay of the tenders submitted in
 2750/75 of 29 October 1975 laying down the condi­                    response to the invitation and of those accepted by
 tions for the mobilization of cereals as food aid (3), and           the intervention agency ;
 in particular Article 6 thereof,
                                                                      Whereas the measures provided for in this Regulation
 Having regard to Council Regulation No 129 on the
                                                                      are in accordance with the opinion of the Manage­
 value of the unit of account and the exchange rates to               ment Committee for Cereals,
 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,
 Having regard to the opinion of the Monetary
                                                                      HAS ADOPTED THIS REGULATION :
 Committee,
 Whereas on 8 May 1979 the Council of the European
 Communities declared that it proposed, by way of                                             Article 1
 Community action , to grant the equivalent of 200
 tonnes of oats in the form of 100 tonnes of rolled oats
 to the International Committee of the Red Cross                       1 . An invitation to tender shall be issued in respect
 under its 1978 /79 food-aid programme ;                              of the supply of 100 tonnes of rolled oats to the Inter­
                                                                      national Committee of the Red Cross by way of
Whereas pursuant to Article 3 (3) of Council Regula­                  Community food-aid action .
 tion (EEC) No 2750/75 the goods may be purchased
 anywhere on the Community market ;
                                                                      2. The tendering procedure shall take place in the
Whereas the proposed invitation to tender should be                   Netherlands in one lot. The product shall be mobi­
 for supply of the products to the dock or in the                     lized on the Community market. The product shall be
lighter where applicable at the port of unloading ;                   loaded for departure from a Community port.
Whereas tenders may be submitted by tenderers esta­
blished in any Member State of the Community and                      3 . The invitation to tender provided for in para­
 may relate to products mobilized anywhere within                     graph 1 is for supply of products to the dock, or in
 those Member States ; whereas, in view of the currency               the lighter where applicable, in the port of Corinto or
situation in the Member States and in order to ensure                 Puerto Somoza .
that the tenders are as comparable as possible, account
should be taken of the effect on each tender of the                   4.    The   successful   tenderer   shall  deliver   the
currency situation in the Member States in which the                  products specified in paragraph 1 in sacks of 25 kilo­
customs export formalities will be completed ;                        grams net according to the conditions laid down in
                                                                      the Annex hereto .
Whereas the award under the invitation to tender
must be made in favour of the tenderer offering the
best terms :                                                          On the sacks shall be printed a red cross, 10 x 10
                                                                      cm , as well as the following :
(«) OJ    No  L 281 , 1 . 11 . 1975, p. 1 .
(2)  OJ   No  L 188 , 26. 7. 1979, p. 1 .
(3) OJ    No  L 281 , 1 . 11 . 1975, p. 89 .                           NI- 12 / Copas de avena / Donacion de la Comunidad
(«) OJ    No  106, 30 . 10 . 1962, p . 2553/62.                       econòmica europea / Acción del comité internacional
(s) OJ    No  L 263, 19 . 9 . 1973, p. 1 .                            de la Cruz Roja / Destinado a la distribución gratuita.'
 ---pagebreak--- No L 203 / 32                      Official Journal of the European Communities                               11 . 8 . 79
                         Article 2                                                     Article 5
1 . The decision on tenders received in response to           1 . The tenderer shall give security in an amount of
the invitation provided for in Article 1 shall be taken       12 ECU per tonne of goods.
on 24 August 1979 .                                           It shall be released :
2.     The closing date for submission of tenders shall      — in the case of all tenderers whose tenders are
be 24 August 1979 at 12 noon .                                     unsuccessful or are not accepted,
3.      The   notice of invitation  to  tender shall  be     — in the case of the successful tenderer, when the
published in the Official Journal of the European                  operations concerned have been carried out within
Communities not less than nine days before the                     the prescribed time limit and on submission of
closing date for submission of tenders.                            the original export licence duly granted and
                                                                   endorsed by the competent authorities of the
                                                                   Member State mentioned in the tender pursuant
                         Article 3                                 to Article 3 (2),
 1 . The prices offered must be expressed in the              — in the case of the successful tenderer for quantities
currency of the Member State in which the invitation               not supplied by reason of force majeure.
to tender was issued .
                                                              2. The security required under paragraph 1 may be
2. Tenders must in particular mention the Member
                                                              provided in the form of a cash deposit or of a
                                                              guarantee issued by a credit institution conforming to
State in which the tenderer, in the event of his being
                                                              criteria laid down by each Member State .
declared successful , expects to complete the customs
export formalities for the products concerned .
                                                                                       Article 6
3.      For the purpose of rendering the tenders compar­       1.    The rolled oats referred to in Article 1       must
able the prices shall , where appropriate, be corrected
by the monetary compensatory amount applicable on             meet the requirements contained in the Annex
                                                              hereto .
the closing date for submission of tenders to exports
from     the Member State     mentioned in    the tender
                                                              Oats not meeting these requirements shall be refused.
pursuant to paragraph 2. Such correction shall be
made by :                                                      2. Tenders for supply of the rolled oats referred to
                                                               in Article 1 must relate to a product with the charac­
— increasing prices which mention a Member State              teristics contained in the Annex hereto .
      whose currency has depreciated,
— reducing prices which mention a Member State                                         Article 7
      whose currency has been revalued .
                                                               1 . The Dutch intervention agency shall be respon­
The monetary compensatory amount shall, where                  sible for operations relating to the invitation to tender
 appropriate, be converted into the currency of the            provided for by this Regulation .
 Member State in which the invitation to tender is
 issued using :                                                2.    It shall forthwith communicate to the Commis­
                                                               sion the list of firms which have responded to the invi­
— in the case when the currencies concerned are
                                                               tation to tender, specifying the terms of each tender,
      kept at any given moment within a band of                together with the name and business name of the
      2-25 % , a conversion rate resulting from their          successful tenderer.
      central rate ,
— in the other cases, the average of the spot rates of         3.    Where the customs export formalities for the
      the currencies concerned recorded in the Member          mobilized products are completed in a Member State
      State in which the invitation to tender is issued        other than that in which the invitation to tender is
      during a period from the Wednesday of one week           issued, the intervention agency of the latter Member
      to the Tuesday of the following week being the           State shall be responsible for the operations following
      period immediately preceding the closing date for        tendering including payment to the successful ten­
      submission of tenders .                                  derer.
                                                               In such case, the intervention agency choosing the
                         Article 4                             successful tenderer shall immediately inform the inter­
                                                               vention agency of the Member State concerned and
 The contract shall be awarded to the tenderer offering        shall supply it with all the information which it may
 the best terms, taking into consideration the adjust­         require .
 ment referred to in Article 3 (3).
                                                                Furthermore , the amount of the successful tender
  However, if the tenders submitted do not appear to           shall be paid after it has been converted using the
  reflect normal market prices and costs, the interven­        average of the spot rates referred to in the second
 tion agency may cancel the invitation to tender.              subparagraph of Article 3 (3) to the tenderer in the
 ---pagebreak---  11 . 8 . 79                       Official Journal of the European Communities                           No L 203/33
currency of the Member State in which the operations           tion agency which appoints the successful tenderer, it
relating to the tendering are completed .                      shall send as soon as possible to the latter the informa­
                                                               tion necessary for releasing the security.
4. The intervention agency shall request the
successful tenderer to supply the following informa­
tion :
                                                                                       Article 8
(a) after each shipment a certificate showing the quan­
      tities dispatched and the quality of the products ;      As regards this tender the intervention agency is auth­
(b) the date of the departure of the vessels, the              orized to make an initial payment of 80 % of the
      expected date of arrival of the products at their        value of the quantity given in the bill of lading, on
      destination ;                                            presentation of that document and subject to the
                                                               taking of a security for an amount equal to the initial
(c) all possible contingencies which might occur               payment .
      during transportation of the products.
The information indicated above shall be forwarded
                                                                                       Article 9
by the intervention agency to the Commission imme­
diately upon receipt.
                                                               This Regulation shall enter into force on the day of its
5. When the intervention agency responsible for                publication in the Official Journal of the European
the operations relating to tendering is not the interven­      Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 10 August 1979 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President
 ---pagebreak--- No L 203/34                       Official Journal of the European Communities                                  11 . 8 . 79
                                                          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/m2 ;
          — 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.
          To allow for the possibility of re-bagging, the 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
          letter 'R\
          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 0.10 % of dry matter.
          Protein content : not less than 14 % of dry matter.