CELEX: 31980R1768
Language: en
Date: 1980-07-04
Title: Commission Regulation (EEC) No 1768/80 of 4 July 1980 opening an invitation to tender for the mobilization of rolled oats as food aid for the International Committee of the Red Cross

8 . 7. 80                                Official Journal of the European Communities                           No L 173/5
                                    COMMISSION REGULATION (EEC) No 1768/80
                                                          of 4 July 1980
              opening an invitation to tender (or the mobilization of rolled oats as food aid
                                   for the International Committee of the Red Cross
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 ( 1 ), 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 100
tonnes of oats in the form of 50 tonnes of rolled oats
to the International Committee of the Red Cross                      1 . An invitation to tender shall be issued in respect
under its 1978/79 food-aid programme ;                              of the supply of 50 tonnes of rolled oats to the Interna­
                                                                    tional Committee of the Red Cross by way of Commu­
Whereas pursuant to Article 3 (3) of Council Regula­                nity 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
 blished in any Member State of the Community and                    3. The invitation to tender provided for in para­
 may relate to products mobilized anywhere within                    graph 1 is for supply of products on the quay or in
 those Member States ; whereas, in view of the currency              the lighter where applicable, in the port of Corinto .
 situation in the Member States and in order to ensure
 that the tenders are as comparable as possible, account             4.    The   successful   tenderer  shall    deliver  the
 should be taken of the effect on each tender of the                 products specified in paragraph 1 in sacks of 25 kilo­
 currency situation in the Member States in which the                grams net according to the conditions laid down in
 customs export formalities will be completed ;                      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 .                           'NI-74 / Copas de avena / Donación de la Comunidad
 (J ) OJ No L 188 , 26. 7 . 1979 , p . 1 .                           económica europea / Acción del comité internacional
 (J)  OJ No L 281 , 1 . 11 . 1975, p. 89.
 (*)  OJ No 106, 30 . 10. 1962, p. 2553/62.                          de la Cruz Roja / Destinado a la distribución gratuita /
 (*)  OJ No L 263 , 19. 9. 1973 , p. 1 .                             Corinto.'
 ---pagebreak--- No L 173/6                        Official Journal of the European Communities                               8 . 7. 80
                       Article 2                             It shall be released :
1 . The decision on tenders received in response to         — in the case of all tenderers whose tenders are
the invitation provided for in Article 1 shall be taken          unsuccessful or are not accepted,
on 18 July 1980.                                            — in the case of the successful tenderer, when the
2. The closing date for submission of tenders shall              operations concerned have been carried out within
be 18 July 1980 at 12 noon .                                     the prescribed time limit and on submission of
3.    The   notice of  invitation  to  tender shall  be
                                                                 the original export licence duly granted and
                                                                 endorsed by the competent authorities of the
published in the Official Journal of the European                Member State mentioned in the tender pursuant
Communities not less than nine days before the                   to Article 3 (2),
closing date for submission of tenders.
                                                            — in the case of the successful tenderer for quantities
                       Article 3                                 not supplied by reason of force majeure.
1 . The prices offered must be expressed in the             2. The security required under paragraph 1 may be
currency of the Member State in which the invitation        provided in the form of a cash deposit or of a
to tender was issued .                                      guarantee issued by a credit institution conforming to
                                                            criteria laid down by each Member State.
2. Tenders must in particular mention the Member
State in which the tenderer, in the event of his being
declared successful, expects to complete the customs                                 Article 6
export formalities for the products concerned.
                                                             1.    The rolled oats referred to in Article 1 must
3 . For the purpose of rendering the tenders compar­        meet the requirements contained in the Annex
able the prices shall, where appropriate, be corrected      hereto.
by the monetary compensatory amount applicable on
the closing date for submission of tenders to exports       Oats not meeting these requirements shall be refused.
from   the Member State     mentioned    in  the tender
pursuant to paragraph 2. Such correction shall be           2. Tenders for supply of the rolled oats referred to
made by :                                                   in Article 1 must relate to a product with the charac­
                                                            teristics contained in the Annex hereto .
— 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 Dutch intervention agency shall be respon­
The monetary compensatory amount shall, where               sible for operations relating to the invitation to tender
appropriate, be converted into the currency of the          provided for by this Regulation .
Member State in which the invitation to tender is
issued using :                                              2.     It shall forthwith communicate to the Commis­
— in the case when the currencies concerned are             sion the list of firms which have responded to the invi­
    kept at any given moment within a band of               tation to tender, specifying the terms of each tender,
    2*25 % , a conversion rate resulting from their         together with the name and business name of the
                                                            successful tenderer.
    central rate,
— in the other cases, the average of the spot rates of      3. Where the customs export formalities for the
    the currencies concerned recorded in the Member
                                                            mobilized products are completed in a Member State
    State in which the invitation to tender is issued
                                                            other than that in which the invitation to tender is
    during a period from the Wednesday of one week          issued, the intervention agency of the latter Member
    to the Tuesday of the following week being the          State shall be responsible for the operations following
    period immediately preceding the closing date for       tendering including payment to the successful ten­
    submission of tenders .                                 derer.
                       Article 4                            In such case, the intervention agency choosing the
The contract shall be awarded to the tenderer offering      successful tenderer shall immediately inform the inter­
the best terms, taking into consideration the adjust­       vention agency of the Member State concerned and
ment referred to in Article 3 (3).                          shall supply it with all the information which it may
                                                            require.
However, if the tenders submitted do not appear to
reflect normal market prices and costs, the interven­       Furthermore, the amount of the successful tender
tion agency may cancel the invitation to 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
12 ECU per tonne of goods.                                  relating to the tendering are completed .
 ---pagebreak--- 8 . 7 . 80                         Official Journal of the European Communities                            No L 173/7
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
                                                                                      Article 8
     tities dispatched and the quality of the products ;
(b) the date of the departure of the vessels, the             As regards this tender the intervention agency is auth­
     expected date of arrival of the products at their        orized to make an initial payment of 80 % of the
     destination ;                                            value of the quantity given in the bill of lading, on
                                                              presentation of that document and subject to the
(c) all possible contingencies which might occur              taking of a security for an amount equal to the initial
     during transportation of the products.                   payment .
The information indicated above shall be forwarded
by the intervention agency to the Commission imme­                                    Article 9
diately upon receipt.
                                                              This Regulation shall enter into force on the day of its
5. When the intervention agency responsible for               publication in the Official Journal of the European
the operations relating to tendering is not the interven­     Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
                Done at Brussels, 4 July 1980 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President
 ---pagebreak--- No L 173/8                         Official Journal of the European Communities                                  8 . 7 . 80
                                                          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 possiblity 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 010 % of dry matter.
           Protein content : not less than 14 % of dry matter.