CELEX: 31979R2245
Language: en
Date: 1979-10-12
Title: Commission Regulation (EEC) No 2245/79 of 12 October 1979 opening an invitation to tender for the mobilization of rolled oats as food aid for the League of Red Cross Societies

No L 258/ 14                             Official Journal of the European Communities                           13 . 10 . 79
                                     COMMISSION REGULATION (EEC) No 2245/79
                                                        of 12 October 1979
               opening an invitation to tender for the mobilization of rolled oats as food aid
                                             for the League of Red Cross Societies
 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 1 547/79 (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 223
tonnes of oats in the form of 111-5 tonnes of rolled
oats to the League of Red Cross Societies under its                  1 . An invitation to tender shall be issued in respect
 1978/79 food-aid programme ;                                       of the supply of 111-5 tonnes of rolled oats to the
                                                                    League of Red Cross Societies by way of Community
Whereas pursuant to Article 3 (3) of Council Regula­                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 on the quay 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                 3 . The invitation to tender provided for in para­
blished in any Member State of the Community and                    graph 1 is for supply of products on the quay or in
may relate to products mobilized anywhere within                    the lighter where applicable, in the port of Port-au­
those Member States ; whereas, in view of the currency              Prince .
situation in the Member States and in order to ensure
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                 On the sacks shall be printed a red cross, 10 x 10
best terms :
                                                                    cm, as well as the following :
(')  OJ No  L 281 , 1 . 11 . 1975, p. 1 .                           ' Flocons d avoine / Don de la Communauté écono­
(2)  OJ No  L 188 , 26. 7. 1979, p. 1 .
(3)  OJ No  L 281 , 1 . 11 . 1975, p. 89 .                          mique européenne / Action de la Ligue des sociétés
(4)  OJ No  106, 30 . 10 . 1962, p. 2553/62.                        de la Croix-Rouge / À distribuer gratuitement / Port­
  5) OJ No  L 263, 19 . 9 . 1973, p. 1 .                            au-Prince'.
 ---pagebreak---  13 . 10 . 79                      Official Journal of the European Communities                         No L 258 / 15
                        Article 2                             However, if the tenders submitted do not appear to
                                                             reflect normal market prices and costs, the interven­
 1 . The decision on tenders received in response to         tion agency may cancel the invitation to tender.
 the invitation provided for in Article 1 shall be taken
 on 26 October 1979 .
                                                                                      Article 5
 2.    The closing date for submission of tenders shall
be 26 October 1979 at 12 noon .                               1 . The tenderer shall give security in an amount of
                                                              12 ECU per tonne of goods.
 3.    The    notice of invitation  to  tender shall  be
 published in the Official Journal of the European            It shall be released :
 Communities not less than nine days before the              — in the case of all tenderers whose tenders are
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 applicable on
the closing date for submission of tenders to exports
from the Member State mentioned in the tender                                         Article 6
pursuant to paragraph 2. Such correction shall be
made by :                                                     1.    The rolled oats referred to in Article 1 must
— increasing prices which mention a Member State             meet the requirements contained in the Annex
                                                             hereto .
     whose currency has depreciated,
— reducing prices which mention a Member State               Oats not meeting these requirements shall be refused.
     whose currency has been revalued.
                                                             2. Tenders for supply of the rolled oats referred to
The monetary compensatory amount shall, where                in Article 1 must relate to a product with the
appropriate, be converted into the currency of the           characteristics contained in the Annex hereto .
Member State in which the invitation to tender is
issued using :
                                                                                      Article 7
— in the case when the currencies concerned are
     kept at any given moment within a band of               1 . The Dutch intervention agency shall be respon­
     2-25 % , a conversion rate resulting from their         sible for operations relating to the invitation to tender
     central rate,
                                                             provided for by this Regulation .
— in the other cases, the average of the spot rates of
     the currencies concerned recorded in the Member         2.     It shall forthwith communicate to the Commis­
     State in which the invitation to tender is issued       sion the list of firms which have responded to the invi­
     during a period from the Wednesday of one week          tation to tender, specifying the terms of each tender,
     to the Tuesday of the following week being the          together with the name and business name of the
     period immediately preceding the closing date for       successful tenderer.
     submission of tenders .
                                                             3 . Where the customs export formalities for the
                                                             mobilized products are completed in a Member State
                        Article 4                            other than that in which the invitation to tender is
                                                             issued, the intervention agency of the latter Member
The contract shall be awarded to the tenderer offering       State shall be responsible for the operations following
the best terms, taking into consideration the adjust­        tendering including payment to the successful
ment referred to in Article 3 (3).                           tenderer.
 ---pagebreak--- No L 258/ 16                       Official Journal of the European Communities                             13 . 10. 79
In such case, the intervention agency choosing the           The information indicated above shall be forwarded
successful tenderer shall immediately inform the inter­      by the intervention agency to the Commission imme­
vention agency of the Member State concerned and             diately upon receipt.
shall supply it with all the information which it may
require.                                                     5. When the intervention agency responsible for
                                                             the operations relating to tendering is not the interven­
Furthermore, the amount of the successful tender             tion agency which appoints the successful tenderer, it
shall be paid after it has been converted using the          shall send as soon as possible to the latter the informa­
average of the spot rates referred to in the second          tion necessary for releasing the security.
subparagraph of Article 3 (3) to the tenderer in the
currency of the Member State in which the operations                                 Article 8
relating to the tendering are completed.
                                                             As regards this tender the intervention agency is auth­
4. The intervention agency shall request the                 orized to make an initial payment of 80 % of the
successful tenderer to supply the following informa­         value of the quantity given in the bill of lading, on
tion :                                                       presentation of that document and subject to the
                             )
(a) after each shipment a certificate showing the quan­      taking of a security for an amount equal to the initial
    tities dispatched and the quality of the products ;      payment.
(b) the date of the departure of the vessels, the                                    Article 9
    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, 12 October 1979.
                                                                      For the Commission
                                                                       Finn GUNDELACH
                                                                          Vice-President
 ---pagebreak--- 13 . 10 . 79                         Official Journal of the European Communities                                No L 258 / 17
                                                           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.
             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.