CELEX: 31978R2517
Language: en
Date: 1978-10-27 00:00:00
Title: Commission Regulation (EEC) No 2517/78 of 27 October 1978 opening an invitation to tender for the mobilization of rolled oats as food aid for the League of Red Cross Societies

No L 301 / 18                          Official Journal of the European Communities                           28 . 10 . 78
                                  COMMISSION REGULATION (EEC) No 2517/78
                                                      of 27 October 1978
               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 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 (J), as last amended by            tions laid down in Article 3 (2) of Council Regulation
 Regulation (EEC) No 1254/78 (2),                                 No 129 on the 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 the measures provided for in this Regulation
Whereas on 30 January 1978 the Council of the Euro­               are in accordance with the opinion of the Manage­
 pean Communities declared that it proposed, by way               ment Committee for Cereals,
 of Community action, to grant the equivalent of 200
 tonnes of oats in the form of 100 tonnes of rolled
oats, to the League of Red Cross Societies under its
 1977/78 food-aid programme ;                                     HAS ADOPTED THIS REGULATION :
Whereas pursuant 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 100 tonnes of rolled oats to the
for supply of the products to the dock or in the                  League of Red Cross Societies by way of Community
lighter where applicable at the port of unloading ;               food-aid action .
Whereas tenders may be submitted by tenderers esta­               2. The tendering procedure shall take place in the
blished in any Member State of the Community and                  Netherlands in one lot. The product shall be mobi­
may relate to products mobilized anywhere within                  lized on the Community market. The product shall be
those Member States ; whereas, in view of the currency            loaded for departure from a Community port.
situation in the Member States and in order to ensure
that the tenders are as comparable as possible, account           3 . The invitation to tender provided for in para­
should be taken of the effect on each tender of the               graph 1 is for supply of products to the dock, or in
currency situation in the Member States in which the              the lighter where applicable, in the port of Port-au­
customs export formalities will be completed ;                    Prince .
Whereas the award under the invitation to tender                  4.    The    successful  tenderer    shall  deliver    the
must be made in favour of the tenderer offering the               products specified in paragraph 1 in sacks of 25 kilo­
best terms ;                                                      grams net according to the conditions laid down in
                                                                  the Annex hereto.
Whereas provision should be made for security to be
given to guarantee fulfilment of obligations arising by           On the sacks shall be printed a red cross, 10 X 10
virtue of participation in the invitation to tender ;             cm, as well as the following :
Whereas the Dutch intervention agency should be                   ' Flocons d avoine / Don de la Communauté écono­
made responsible for organizing the invitation to                 mique européenne / Action de la Ligue des sociétés
tender :                                                          de la Croix-Rouge / À distribuer gratuitement / Port­
                                                                  au-Prince'.
(») OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 156, 14. 6. 1978 , p. 1 .                             (4) OJ No 106, 30. 10. 1962, p. 2553/62.
P) OJ No L 281 , 1 . 11 . 1975, p. 89 .                           (5) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak---  28 . 10 . 78                      Official Journal of the European Communities                         No L 301 / 19
                        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 10 November 1978 .
                                                                        '             Article 5
2.     The closing date for submission of tenders shall
be 10 November 1978 at 12 noon .
                                                             1 . The tenderer shall give security in an amount of
                                                             10 units of account 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
closing date for submission of tenders.                      — in the case of all tenderers whose tenders are
                                                                 unsuccessful or are not accepted,
                        Article 3                            — in the case of the successful tenderer, when the
                                                                 operations concerned have been carried out within
 1 . The prices offered must be expressed in the                 the prescribed time limit and on submission of
currency of the Member State in which the invitation             the original export licence duly granted and
to tender was issued.                                            endorsed by the competent authorities of the
                                                                 Member State mentioned in the tender pursuant
2. Tenders must in particular mention the Member                 to Article 3 (2),
State in which the tenderer, in the event of his being       — in the case of the successful tenderer for quantities
declared successful, expects to complete the customs             not supplied by reason of force majeure.
export formalities for the products concerned.
                                                             2. The security required under paragraph 1 may be
3. For the purpose of rendering the tenders compar­          provided in the form of a cash deposit or of a
able, the prices shall, where appropriate, be corrected      guarantee issued by a credit institution conforming to
by the monetary compensatory amount applicable on            criteria laid down by each Member State.
the closing date for submission of tenders to exports
from the Member State mentioned in the tender
pursuant to paragraph 2.                                                              Article 6
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
     whose currency has depreciated or a new Member          hereto .
     State,
                                                             Oats not meeting these requirements shall be refused.
— reducing prices which mention a Member State
     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
                                                             characteristics contained in the Annex hereto.
appropriate, be converted into the currency of the
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
                                                             successful tenderer.
     period immediately preceding the closing date for
     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 301 /20                      Official Journal of the European Communities                             28 . 10 . 78
 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, 27 October 1978 .
                                                                      For the Commission
                                                                       Finn GUNDELACH
                                                                          Vice-President
 ---pagebreak--- 28 . 10 . 78                         Official Journal of the European Communities                                No L 301 /21
                                                            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.