CELEX: 31979R0246
Language: en
Date: 1979-02-09 00:00:00
Title: Commission Regulation (EEC) No 246/79 of 9 February 1979 opening an invitation to tender for the mobilization of rolled oats as food aid for Caritas

10 . 2. 79                               Official Journal of the European Communities                            No L 36/ 5
                                    COMMISSION REGULATION (EEC) No 246/79
                                                       of 9 February 1979
              opening an invitation to tender for the mobilization of rolled oats as food aid
                                                           for Caritas
THE COMMISSION OF THE EUROPEAN                                      whereas provision should be made for security to be
COMMUNITIES ,                                                      given to guarantee fulfilment of the 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
                                                                    tender ;
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals ('), as last amended by
                                                                   Whereas it is important that the Commission be
Regulation (EEC) No 1254/78 (2),
                                                                    informed without delay of the tenders submitted in
Having regard to Council Regulation (EEC) No                        response to the invitation and of those accepted by
2750/75 of 29 October 1975 laying down the condi­                   the intervention agency ;
tions for the mobilization of cereals as food aid (3 ), and
in particular Article 6 thereof,                                    Whereas the measures provided for in this Regulation
                                                                    are in accordance with the opinion of the Manage­
Having regard to the opinion of the Monetary                        ment Committee for Cereals ,
Committee,
Whereas on 25 March 1976 the Council of the Euro­
pean Communities declared that it proposed, by way                  HAS ADOPTED THIS REGULATION :
of Community action , to grant the equivalent of 405
tonnes of oats, in the form of 202-5 tonnes of rolled
oats, to Caritas under its 1975 /76 food-aid                                                Article 1
programme ;
                                                                    1 . An invitation to tender shall be issued in respect
Whereas pursuant to Article 3 (3) of Council Regula­                of the supply of 202-5 tonnes of rolled oats to Caritas
tion (EEC) No 2750/75 the goods may be purchased                    by way of Community food-aid action.
anywhere on the Community market ;
Whereas tenders should be invited for the supply of                 2.    The tendering procedure shall take place in the
the product to the port of shipment in the vicinity of              Netherlands in one lot. The product shall be mobi­
the vessel, the goods to be set down at the place nomi­             lized on the Community market. The product shall be
nated by the recipient or its agent ;                               loaded for departure from a Community port.
Whereas tenders may be submitted by tenderers esta­                 3 . The product referred to in paragraph 1 is to be
blished in any Member State of the Community and                    delivered to the port of shipment in the vicinity of the
may relate to products mobilized anywhere within                    vessel . The goods must be set down at the place nomi­
those Member States ; whereas, in view of the currency              nated by the recipient country or its agent, the timing
situation in the Member States and in order to ensure               of delivery being settled by the tenderer and the recip­
that the tenders are as comparable as possible, account             ient country's agent.
should be taken of the effect on each tender of the
currency situation in the Member States in which the                4.    The    successful   tenderer  shall   deliver  the
customs export formalities will be completed ;                      products specified in paragraph 1 in sacks of 25 kilo­
                                                                    grams net according to the conditions laid down in
Whereas the award under the invitation to tender                    the Annex hereto .
must be made in favour of the tenderer offering the
best terms ;
                                                                                            Article 2
Whereas, should force majeure make it impossible to
complete the operation in question within the time
limits specified, it must be made clear who is to bear              1 . The decision on tenders received in response to
the liability for any resulting costs ;                             the invitation provided for in Article 1 shall be taken
                                                                    on 23 February 1979 .
(') OJ No L 281 , 1 . 11 . 1975 , p. 1 .
(2) OJ No L 156, 14. 6 . 1978 , p. 1 .                              2. The closing date for submission of tenders shall
(3) OJ No L 281 , 1 . 11 . 1975 , p. 89 .                           be 23 February 1979 at 12 noon .
 ---pagebreak--- No L 36/ 6                          Official Journal of the European Communities                               10 . 2. 79
3.    The    notice of invitation    to  tender shall be                                Article 6
published in the Official Journal of the European
Communities not less than nine days before the                 1 . The tenderer shall give security in an amount of
closing date for submission of tenders .                       10 units of account per tonne of goods.
                                                               It shall be released :
                         Article 3
                                                              — in the case of all tenderers whose tenders are
1 . The prices offered must be expressed in the
currency of the Member State in which the invitation
                                                                   unsuccessful or are not accepted,
to tender was issued .                                        — in the case of the successful tenderer, when the
                                                                   operations concerned have been carried out within
2. Tenders must in particular mention the Member                   the prescribed time limit and on submission of
State in which the tenderer, in the event of his being             the original export licence duly granted and
declared successful, expects to complete the customs               endorsed by the competent authorities of the
export formalities for the products concerned .                    Member State mentioned in the tender pursuant
                                                                   to Article 3 (2),
3.    For the purpose of rendering the tenders compar­
able, the prices shall, where appropriate, be corrected       — in the case of the successful tenderer for quantities
by the monetary compensatory amount applicable on                  not supplied by reason of force majeure.
the closing date for submission of tenders to exports
from    the Member State mentioned in          the tender      2. The security required under paragraph 1 may be
pursuant to paragraph 2. Such correction shall be              provided in the form of a cash deposit or of a
made by :                                                     guarantee issued by a credit institution conforming to
                                                              criteria laid down by each Member State .
— increasing prices which mention a Member State
    whose currency has depreciated,
— reducing prices which mention a Member State                                          Article 7
    whose currency has been revalued.
                                                               1.    The rolled oats referred to in Article 1 to be
The monetary compensatory amount shall, where                  supplied to Caritas must meet the requirements
appropriate, be converted into the currency of the             contained in the Annex hereto .
Member State in which the invitation to tender is
issued using :                                                 Oats not meeting these requirements shall be refused .
— in the case when the currencies concerned are
                                                               2. Tenders for supply to Caritas of the rolled oats
    kept at any given moment within a band of
    2-25 % , a conversion rate resulting from their            referred to in Article 1 must relate to a product with
                                                               the characteristics contained in the Annex hereto .
    central rate,
— in the other cases, the average of the spot rates of
    the currencies concerned recorded in the Member                                     Article 8
    State in which the invitation to tender is issued
    during a period from the Wednesday of one week             1 . The Dutch intervention agency shall be respon­
    to the Tuesday of the following week being the             sible for operations relating to the invitation to tender
    period immediately preceding the closing date for          provided for by this Regulation .
    submission of tenders .
                                                               2.     It shall forthwith communicate to the Commis­
                         Article 4                             sion the list of firms which have responded to the invi­
                                                               tation to tender, specifying the terms of each tender,
The contract shall be awarded to the tenderer offering         together with the name and business name of the
the best terms, taking into consideration the adjust­          successful tenderer.
ment referred to in Article 3 (3).
                                                               3 . Where the customs export formalities for the
However, if the tenders submitted do not appear to             mobilized product are completed in a Member State
reflect normal market prices and costs, the interven­          other than that in which the invitation to tender is
tion agency may cancel the invitation to tender.               issued, the intervention agency of the latter Member
                                                               State shall be responsible for the operations following
                         Article 5                             tendering including payment to the successful ten­
                                                               derer.
If the tenderer is unable to deliver the goods in
compliance with Article 1 (3) on the date given in the         In such case, the intervention agency choosing the
notice of invitation to tender as a result of the late         successful tenderer shall immediately inform the inter­
availability of the vessels to be used for sea transporta­     vention agency of the Member State concerned and
tion, the resulting costs shall be borne by the interven­      shall supply it with the information which it may
tion agency.                                                   require.
 ---pagebreak---  10 . 2 . 79                         Official Journal of the European Communities                            No L 36/7
Furthermore, the amount of the successful tender                5. When the intervention agency responsible for
shall be paid after it has been converted using the            the operations relating to tendering is not the interven­
average of the spot rates referred to in the second             tion agency which appoints the successful tenderer, it
subparagraph of Article 3 (3) to the tenderer in the           shall send as soon as possible to the latter the informa­
currency of the Member State in which the operations           tion necessary for releasing the security.
relating to the tendering are completed.
                                                                                        Article 9
4. The intervention agency shall request the
successful tenderer to supply the following informa­           On delivery of the goods at the port of shipment, a
tion :
                                                               handing-over certificate shall be supplied to the
(a) after each shipment a certificate showing the quan­        successful tenderer, acting as agent for the Commu­
      tities dispatched and the quality of the products ;      nity, by the agent of the recipient country or, in the
(b) the date of the departure of the vessels, the ex­          absence of the latter, by the intervention agency of the
      pected date of arrival of the products at their desti­   Member State in whose territory the port of shipment
      nation ;                                                  is situated .
(c) all possible contingencies which might occur
      during transportation of the products.                                           Article 10
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, 9 February 1979.
                                                                          For the Commission
                                                                           Finn GUNDELACH
                                                                              Vice-President
 ---pagebreak--- No L 36/8                         Official Journal of the European Communities                                   10 . 2 . 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/ 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.
          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.
              No of lot           Tonnage fas             Loading period        Inscription on the sacks
                                                                                Flocons d' avoine / Don de la
                                                                                Communaute économique euro­
                  1                 202-5              1 to 30 . 3 . 1979       péenne / Action de Caritas /
                                                                                Pour distribution gratuite /
                                                                                Haiti