CELEX: 31975R2709
Language: en
Date: 1975-10-24 00:00:00
Title: Regulation (EEC) No 2709/75 of the Commission of 24 October 1975 opening an invitation to tender for the mobilization of rolled oats as food aid for the United Nations Children's Fund (UNICEF)

25 . 10 . 75                          Official Journal of the European Communities                             No L 274/21
                           REGULATION (EEC) No 2709/75 OF THE COMMISSION
                                                    of 24 October 1975
              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 the Dutch intervention agency should be
COMMUNITIES,                                                     made responsible for organizing the invitation to
                                                                 tender ;
Having regard to the Treaty establishing the European
Economic Community ;                                             Whereas it is important that the Commission be
                                                                 informed without delay of the tenders submitted in
Having regard to Council Regulation No 120/                      response to the invitation and of those accepted by
67/EEC (1 ) of 13 June 1967 on the common organiza­              the intervention agency ;
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 665/75 (2) ;                                     Whereas the Monetary Committee will be consulted ;
                                                                 whereas, in view of the urgency, the measures envis­
Having regard to Council Regulation (EEC) No                     aged should be adopted in accordance with the condi­
1 693/72 (3) of 3 August 1972 establishing the criteria          tions laid down in Article 3 (2) of Council Regulation
for the mobilization of cereals as food aid, and in parti­       No 129 (4) on value of the unit of account and the
cular Article 6 thereof ;                                        exchange rates to be applied for the purposes of the
                                                                 common agricultural policy, as last amended by Regu­
Whereas on 15 October 1975 the Commission of the                 lation (EEC) No 2543/73 (5), and in particular Article
European Communities declared that it proposed, by               3 thereof ;
way of Community action, to grant the equivalent of
4 000 metric tons of oats, in the form of 2 000 metric           Whereas the measures provided for in this Regulation
tons of rolled oats, to UNICEF under its 1974/75                 are in accordance with the Opinion of the Manage­
food-aid programme ;                                             ment Committee for Cereals,
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 1693/72 the goods may be purchased
anywhere on the Community market ;
                                                                 HAS ADOPTED THIS REGULATION :
Whereas the proposed invitation to tender should be
for supply of the products cif, that is to say, actually
placed on the quay at the port of unloading ;                                              Article 1
Whereas tenders may be submitted by tenderers esta­               1 . An invitation to tender shall be issued in respect
blished in any Member State of the Community and                 of the supply of 2 000 metric tons of rolled oats to
may relate to products mobilized anywhere within                 UNICEF by way of Community food-aid action .
those Member States ; whereas, in view of the currency
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account
                                                                 2. The tendering procedure shall take place in the
should be taken of the effect on each tender of the              Netherlands in one lot. The product shall be mobi­
                                                                 lized on the Community market. The product shall be
currency situation in the Member State in which the
                                                                 loaded for departure from a Community port.
customs export formalities will be completed ;
Whereas the award under the invitation to tender                 3 . The invitation to tender provided for in para­
must be made in favour of the tenderer offering the              graph 1 is for supply of products delivered cif, that is
best terms ;                                                     to say, actually placed on the quay in one of the ports
                                                                 of unloading listed in the Annex hereto.
Whereas provision should be made for security to be
                                                                 4.    The    successful    tenderer     shall  deliver the
given to guarantee fulfilment of obligations arising by
virtue of participation in the invitation to tender for          products specified in paragraph 1 cif in sacks of 25
the supply of goods to UNICEF :                                  kilogrammes net according to the conditions laid
                                                                 down in the Annex hereto .
(>) OJ No 117, 19 . 6 . 1967, p. 2269 /67 .
(2) OJ No L 72, 20 . 3 . 1975, p. 14.                            (4) OJ No 106, 30. 10 . 1962, p. 2553/62.
(3 OJ No L 178 , 5. 8 . 1972, p. 3 .                             (5) OJ No L 263, 19 . 9 . 1973 , p. 1 .
 ---pagebreak--- No L 274/22                        Official Journal of the European Communities                             25 . 10 . 75
                        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       10 units of account per metric ton of goods.
on 7 November 1975 .
                                                              It shall be released :
2.     The closing date for submission of tenders shall
be 7 November 1975 at 12 noon .                               — in the case of all tenderers whose tenders are
3.     The   notice of  invitation  to  tender shall  be           unsuccessful or are not accepted,
published in the Official Journal of the European             — in the case of the successful tenderer, when the
Communities not less than nine days before the                     operations concerned have been carried out within
closing date for submission of tenders.                            the prescribed time limit and on submission of
                                                                   the original export licence duly granted and
                        Article 3                                  endorsed by the competent authorities of the
                                                                   Member State mentioned in the tender pursuant
 1 . The prices offered must be expressed in the                   to Article 3 (2),
currency of the Member State in which the invitation
to tender was issued .                                        — in the case of the successful tenderer for quantities
                                                                   not supplied by reason of force majeure.
2. Tenders must in particular mention the Member
State in which the tenderer, in the event of his being        2. The security required under paragraph 1 may be
declared successful, expects to complete the customs          provided in the form of a cash deposit or of a
export formalities for the products concerned.                guarantee issued by a credit institution conforming to
                                                              criteria laid down by each Member State.
3.     For the purpose of rendering the tenders compar­
able, the prices shall, where appropriate, be corrected
by the monetary compensatory amount and the acces­                                     Article 6
sion compensatory amount applicable on the closing
date for submission of tenders to exports from the             1.    The rolled oats referred to in Article 1 to be
Member State mentioned in the tender pursuant to              supplied to UNICEF must meet the requirements
paragraph 2.                                                  contained in the Annex hereto.
Such correction shall be made by :
                                                              Oats not meeting these requirements shall be refused.
— increasing prices which mention a Member State
     whose currency has depreciated or a new Member           2. Tenders for supply to UNICEF of the rolled oats
     State,                                                   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 agency 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
     central rate,                                            sion the list of firms which have responded to the invi­
                                                              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
     period immediately preceding the closing date for        other than that in which the invitation to tender is
     submission of tenders .
                                                               issued, the intervention agency of the latter Member
                                                               State shall be responsible for the operations following
                         Article 4
                                                               tendering, including     payment to      the   successful
                                                               tenderer.
 The contract shall be awarded to the tenderer offering
 the best terms, taking into consideration the adjust­
 ment referred to in Article 3 (3).                            In such case, the intervention agency choosing the
                                                               successful tenderer shall immediately inform the inter­
 However, if the tenders submitted do not appear to           vention agency of the Member State concerned and
 reflect normal market prices and costs, the interven­         shall supply it with the information which it may
 tion agency may cancel the invitation to tender.              require.
 ---pagebreak--- 25 . 10 . 75                       Official Journal of the European Communities                          No L 274/23
Furthermore, the amount of the successful tender              The information indicated above shall be forwarded
shall be paid after it has been converted using the           by the intervention agency to the Commission imme­
average of the spot rates referred to in the second           diately upon receit.
subparagraph of Article 3 (3) to the tenderer in the'
currency of the Member State in which the operations          5. When the intervention agency responsible for
relating to the tendering are completed.                      the operations relating to tendering is not the interven­
4. The intervention agency shall request the                  tion agency which appoints the successful tenderer, it
successful tenderer to supply the following informa­          shall send as soon as possible to the latter the informa­
tion :                                                        tion necessary for releasing the security.
(a) after each shipment a certificate showing the quan­
     tities dispatched and the quality of the products ;
                                                                                      Article 8
(b) the date of the departure of the vessels, the
    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, 24 October 1975 .
                                                                       For the Commission
                                                                         P.J. LARDINOIS
                                                                    Member of the Commission
 ---pagebreak--- No L 274/24                                  Official Journal of the European Communities                                           25 . 10 . 75
                                                                        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/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 0.10 % of dry matter.
                   Protein content : not less than 14% of dry matter.
  Numéro du lot          Port de débarquement      Tonnage à mettre en caf     Période d'embarquement         Inscription sur les sacs
   N. della partita         Porto di sbarco     Tonnellaggio da consegnare cif     Periodo d'imbarco            Iscrizione sui sacchi
    Nr. der Lose           Bestimmungshafen      Nach cif zu bringende Menge    Verschiffungszeitraum       Aufschrift auf den Säcken
  Partiets nummer              Lossehavn            Mængde til levering cif       Indskibningsperiode           Påskrift på sækkene
      No of lot            Port of unloading             Tonnage cif                Loading period           Inscription on the sacks
  Nr. van de partij        Haven van lossing    Cif aan te leveren hoeveelheid     Periode van laden          Melding op de zakken
                                                             (ton)
                                                                                                      ROLLED OATS / GIFT OF THE
                                                                                                      EUROPEAN ECONOMIC
           1                   Bombay                       2 000                1 — 15 . 12. 1975    COMMUNITY / ACTION OF
                                                                                                      THE UNITED NATIONS
                                                                                                      CHILDREN'S FUND (UNICEF)