CELEX: 31975R2531
Language: en
Date: 1975-10-03 00:00:00
Title: Regulation (EEC) No 2531/75 of the Commission of 3 October 1975 opening an invitation to tender for the mobilization of rolled oats as food aid for the United Nations Children's Fund (UNICEF)

4 . 10 . 75                              Official Journal of the European Communities                                No L 258 / 15
                             REGULATION (EEC) No 2531 /75 OF THE COMMISSION
                                                       of 3 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 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 No 120/                        whereas, in view of the urgency, the measures envis­
67/ EEC (') of 13 June 1967 on the common organiza­                 aged should be adopted in accordance with the condi­
tion of the market in cereals, as last amended by Regu­             tions laid down in Article 3 (2) of Council Regulation
lation (EEC) No 665/75 (2 ) ;                                       No 129 (4) on value of the unit of account and the
Having regard to Council Regulation (EEC) No
                                                                    exchange rates to be applied for the purposes of the 1
1 693/72 (3) of 3 August 1972 establishing the criteria
                                                                    common agricultural policy, as last amended by Regu­
                                                                    lation (EEC) No 2543/73 (5), and in particular Article
for the mobilization of cereals as food aid, and in parti­          3 thereof ;
cular Article 6 thereof ;
Whereas on 3 March 1975 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
10 000 metric tons of oats, in the form of 5 000
metric tons of rolled oats , to UNICEF under its
1974/75 food-aid programme ;                                        HAS ADOPTED THIS REGULATION :
Whereas pursuant to Article 3 (3) of Council Regula­
tion (EEC) No 1693/72 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 5 000 metric tons of rolled oats to
for supply of the products cif, that is to say, actually            UNICEF by way of Community food-aid action .
placed on the quay at the port of unloading ;
                                                                    2. The tendering procedure shall take place in the
Whereas tenders may be submitted by tenderers esta­                 Netherlands in nine 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 delivered cif, that is
should be taken of the effect on each tender of the                 to say, actually placed on the quay in one of the ports
currency situation in the Member State in which the                 of 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 cif in sacks of 25
must be made in favour of the tenderer offering the                 kilogrammes net according to the conditions laid
best terms ;                                                        down in 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 17 October 1975 .
made responsible for organizing the invitation to
tender ;                                                            2.     The closing date for submission of tenders shall
                                                                    be 17 October 1975 at 12 noon .
(') OJ No 117, 19 . 6 . 1967, p . 2269/ 67 .
(2 ) OJ No L 72, 20 . 3 . 1975 , p. 14 .                            (") 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 258 / 16                     Official Journal of the European Communities                              4 . 10 . 75
3.     The   notice of invitation  to  tender shall be       It shall be released :
published in the Official Journal of the European           — in the case of all tenderers whose tenders are
Communities not less than nine days before the
                                                                  unsuccessful or are not accepted,
closing date for submission of tenders .
                                                            — in the case of the successful tenderer, when the
                                                                  operations concerned have been carried out within
                        Article J
                                                                  the prescribed time limit and on submission of
                                                                  the original export licence duly granted and
1 . The prices offered must be expressed in the
                                                                  endorsed by the competent authorities of the
currency of the Member State in which the invitation
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 and the acces­
sion compensatory amount applicable on the closing                                    Article 6
date for submission of tenders to exports from the
Member State mentioned in the tender pursuant to             1.     The rolled oats referred to in Article 1 to be
paragraph 2.                                                 supplied to UNICEF must meet the requirements
                                                             contained in the Annex hereto .
Such correction shall be made by :
— increasing prices which mention a Member State             Oats not meeting these requirements shall be refused .
     whose currency has depreciated or a new Member
     State ,                                                 2. Tenders for supply to UNICEF of the rolled oats
                                                             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         sion the list of firms which have responded to the invi­
     central rate ,                                          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
                                                             other than that in which the invitation to tender is
     period immediately preceding the closing date for
     submission of tenders .                                 issued, the intervention agency of the latter Member
                                                             State shall be responsible for the operations following
                                                             tendering, including payment to the successful
                        Article 4                            tenderer.
The contract shall be awarded to the tenderer offering       In such case, the intervention agency choosing the
the best terms, taking into consideration the adjust­        successful tenderer shall immediately inform the inter­
 ment referred to in Article 3 (3).                          vention agency of the Member State concerned and
 However, if the tenders submitted do not appear to          shall supply it with the information which it may
                                                             require .
reflect normal market prices and costs, the interven­
 tion agency may cancel the invitation to tender.            Furthermore , the amount of the successful 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
 ten units of account per metric ton of goods .               relating to the tendering are completed .
 ---pagebreak--- 4 . 10 . 75                         Official Journal of the European Communities                          No L 258 / 17
4.     The intervention agency shall request the               5 . When the intervention agency responsible for
successful tenderer to supply the following informa­           the operations relating to tendering is not the interven­
tion :                                                         tion agency which appoints the successful tenderer, it
(a) after each shipment a certificate showing the quan­        shall send as soon as possible to the latter the informa­
     tities dispatched and the quality of the products ;       tion necessary for releasing the security .
(b) the date of the departure of the vessels, the
     expected date of arrival of the products at their
     destination ;
                                                                                       Article 8
(c) all possible contingencies which might occur
     during transportation of the products.
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.                                          Com munities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels , 3 October 1975 .
                                                                         For the Commission
                                                                           P.J. LARDINOIS
                                                                     Member of the Commission
 ---pagebreak--- No L 258 / 18                                Official Journal of the European Communities                                                 4. 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/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 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)
                                                                                                          FLOCONS D'AVOINE / DON
                                                                                                        ' DE LA COMMUNAUTÉ
          1               Danang                                 100              1 , — 30 . 11 . 1975
                                                                                                          ÉCONOMIQUE EUROPÉENNE
         2                Danang                                 200              1 . — 30 . 12 . 1975
                                                                                                          ACTION DU FONDS DES
         3                Danang                                 200              1 . — 30 . 1.1976
                                                                                                        j NATIONS UNIES POUR
                                                                                                          L'ENFANCE (UNICEF)
         4                Chaîna                                 300              1 .— 15 . 11 . 1975
                                                                                                        I ROLLED OATS / GIFT OF THE
         5                Chittagong                             600              1 . — 30 . 11 . 1975
                                                                                                          EUROPEAN ECONOMIC
         6                Chaîna                                 600              1 . — 30 . 12 . 1975
                                                                                                          COMMUNITY / ACTION OF
         7                Bombay                                 600              1 .— 15 . 11 . 1975
                                                                                                          THE UNITED NATIONS
         8                Calcutta                            1 200               1 . — 30 . 11 . 1975
         9                Bombay                              1 200               1 . — 30 . 12 . 1975
                                                                                                        I CHILDREN'S FUND (UNICEF)
                                                              5 000