CELEX: 31976R2319
Language: en
Date: 1976-09-24 00:00:00
Title: Commission Regulation (EEC) No 2319/76 of 24 September 1976 opening an invitation to tender for the mobilization of rolled oats as food aid for the United Nations Children's Fund (UNICEF)

No L 261 /22                               Official Journal of the European Communities                                  25 . 9 . 76
                                      COMMISSION REGULATION (EEC) No 2319/76
                                                        of 24 September 1976
              opening an invitation to tender for 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 6 432
 metric tons of oats, in the form of 3 216 metric tons
of rolled oats, to UNICEF under its 1975/76 food-aid
programme ;                                                           HAS ADOPTED THIS REGULATION :
Whereas purusant 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 3 216 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 seven 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 8 October 1976 .
made responsible for organizing the invitation to
tender ;                                                              2.     The closing date for submission of tenders shall
                                                                      be 8 October 1976 at 12 noon .
(') OJ No L 281 , 1 . 1 1 . 1975 , p. 1 .
(2 ) OJ No L 130 , 19 . .5 . 1976, p . 1 .                            (4 ) OJ No 106, 30 . 10 . 1962, p . 2553/62 .
(3 ) OJ No L 281 , 1 . 1 1 . 1 975 , p . 89 .                         (5 ) OJ No L 263 , 19 . 9 . 1973 , p . 1 .
 ---pagebreak--- 25 . 9 . 76                        Official Journal of the European Communities                         No L 261 / 23
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
                        Article 3                                 Member State mentioned in the tender pursuant
                                                                  to Article 3 (2),
1 . The prices offered must be expressed in the
currency of the Member State in which the invitation         — in the case of the successful tenderer for quantities
to tender was issued .                                            not supplied by reason of force majeure.
2. Tenders must in particular mention the Member             2. The security required under paragraph 1 may be
State in which the tenderer, in the event of his being       provided in the form of a cash deposit or of a
declared successful, expects to complete the customs         guarantee issued by a credit institution conforming to
export formalities for the products concerned .              criteria laid down by each Member State.
3.     For the pupose of rendering the tenders compar­
able, the prices shall, where appropriate, be corrected                               Article 6
by the monetary compensatory amount and the acces­
sion compensatory amount applicable on the closing           1.     The rolled oats referred to in Article 1 to be
date for submission of tenders to exports from the           supplied to UNICEF must meet the requirements
                                                             contained in the Annex hereto .
Member State mentioned in the tender pursuant to
paragraph 2.
                                                             Oats not meeting these requirements shall be refused.
Such correction shall be made by :
                                                             2. Tenders for supply to UNICEF of the rolled oats
— increasing prices which mention a Member State
                                                             referred to in Article 1 must relate to a product with
     whose currency has depreciated or a new Member          the characteristics contained in the Annex hereto .
     State,
— reducing prices which mention a Member State
     whose currency has been revalued .                                               Article 7
The monetary compensatory amount shall , where                1 . The Dutch intervention agency shall be respon­
appropriate, be converted into the currency of the           sible for operations relating to the invitation to tender
Member State in which the invitation to tender is            provided for by this Regulation .
issued using :
                                                             2.     It shall forthwith communicate to the Commis­
— in the case when the currencies concerned are
     kept at any given moment within a band of               sion the list of firms which have responded to the invi­
                                                             tation to tender, specifying the terms of each tender,
     2-25 % , a conversion rate resulting from their
     central rate,
                                                             together with the name and business name of the
                                                             successful tenderer.
— in the other cases, the average of the spot rates of
     the currencies concerned recorded in the Member         3 . Where the customs export formalities for the
     State in which the invitation to tender is issued       mobilized product are completed in a Member State
     during a period from the Wednesday of one week          other than that in which the invitation to tender is
     to the Tuesday of the following week being the          issued, the intervention agency of the latter Member
     period immediately preceding the closing date for       State shall be responsible for the operations following
     submission of tenders .                                 tendering, including payment to the successful ten­
                                                             derer.
                        Article 4
                                                             In such case, the intervention agency choosing the
The contract shall be awarded to the tenderer offering       successful tenderer shall immediately inform the inter­
the best terms, taking into consideration the adjust­        vention agency of the Member State concerned and
ment referred to in Article 3 (3).                           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
                                                             Furthermore, the amount of the successful tender
tion agency may cancel the invitation to 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 .
It shall be released :
                                                             4. The intervention agency shall request the
— in the case of all tenderers whose tenders are             successful tenderer to supply the following informa­
     unsuccessful or are not accepted,                       tion :
 ---pagebreak--- No L 261 / 24                      Official Journal of the European Communities                              25. 9 . 76
(a) after each shipment a certificate showing the quan­      5. When the intervention agency responsible for
    tities dispatched and the quality of the products ;      the operations relating to tendering is not the interven­
(b) the date of the departure of the vessels, the            tion agency which appoints the successful tenderer, it
    expected date of arrival of the products at their        shall send as soon as possible to the latter the informa­
    destination ;                                            tion necessary for releasing the security.
(c) all possible contingencies which might occur
    during transportation of the products.                                           Article 8
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, 24 September 1976.
                                                                       For the Commission
                                                                         P.J. LARDINOIS
                                                                   Member of the Commission
 ---pagebreak--- 25 . 9 . 76                              Official Journal of the European Communities                                   No L 261 / 25
                                                                   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/ m 2 ;
               — 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 tonnnge cif          Loading period          Inscription on the sacks
        1                                                300             15 . — 30 . 10 . 1976
                     Dar-es-Salaam                                                             J Rolled oats — Gift of the Euro­
        2                                                900             15 . — 30 . 10 . 1976
                                                                                                 pean Economic Community —
        3            Aden                                480             15 . — 30 . 10 . 1976 * Action    of the United Nations
        4            Rangoon                             446             15 . — 30 . 10 . 1976 \ Children's Fund (UNICEF)
        5            Rangoon                             445              1 . — 30 . 12 . 1976
                                                                                               J Flocons d'avoine — Don de la
        6             Haiphong                           323             15 . — 30 . 10 . 1976   Communauté économique euro­
                                                                                                 péenne — Action du Fonds des
        7             Haiphong                           322              1 . — 30 . 12 . 1976
                                                                                                 Nations unies pour l'enfance
                                                                                               1 (UNICEF)