CELEX: 31978R2641
Language: en
Date: 1978-11-10 00:00:00
Title: Commission Regulation (EEC) No 2641/78 of 10 November 1978 opening an invitation to tender for the mobilization of rolled oats as food aid for the United Nations Children' s Fund (UNICEF)

No L 318/44                             Official Journal of the European Communities                            11 . 11 . 78
                                  COMMISSION REGULATION (EEC) No 2641 /78
                                                     of 10 November 1978
              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 (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 (*), 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
tions for the mobilization of cereals as food aid (3), and        Regulation (EEC) No 2543/73 (5), and in particular
                                                                  Article 3 thereof ;
in particular Article 6 thereof,
Whereas on 30 January 1978 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 2 800
tonnes of oats, in the form of 1 400 tonnes of rolled
oats, to UNICEF 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 1 400 tonnes of rolled oats to
for supply of the products to the dock or in the                   UNICEF by way of Community food-aid action .
lighter where applicable at the port of unloading ;
                                                                  2. The tendering procedure shall take place in the
Whereas tenders may be submitted by tenderers esta­                Netherlands in one lot. 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 to the dock, or in
should be taken of the effect on each tender of the               the lighter where applicable in the port of unloading
currency situation in the Member States in which the              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 in sacks of 25 kilo­
must be made in favour of the tenderer offering the               grams net according to the conditions laid down in
best terms ;                                                       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 24 November 1978 .
made responsible for organizing the invitation to '
tender ;                                                           2.   The closing date for submission of tenders shall
                                                                  be 24 November 1978 at 12 noon .
(>) 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.
(») OJ No L 281 , 1 . 11 . 1975, p. 89.                           (5) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- 11 . 11 . 78                      Official Journal of the European Communities                          No L 318/45
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
closing date for submission of tenders.                          unsuccessful or are not accepted,
                                                            — in the case of the successful tenderer, when the
                                                                 operations concerned have been carried out within
                        Article 3
                                                                 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             Member State mentioned in the tender pursuant
to tender was issued.
                                                                 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                                 Article 6
from the Member State mentioned in the tender
pursuant to paragraph 2.                                     1.    The rolled oats referred to in Article 1 to be
                                                             supplied to UNICEF must meet the requirements
Such correction shall be made by :                           contained in the Annex hereto.
— 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
— reducing prices which mention a Member State               referred to in Article 1 must relate to a product with
     whose currency has been revalued.                       the characteristics contained in the Annex hereto.
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
     central rate,                                           sion the list of firms which have responded to the invi­
                                                             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
     period immediately preceding the closing date for       other than that in which the invitation to tender is
     submission of tenders .                                 issued, the intervention agency of the latter Member
                                                             State shall be responsible for the operations following
                        Article 4                            tendering including payment to the successful
                                                             tenderer.
The contract shall be awarded to the tenderer offering
the best terms, taking into consideration the adjust­        In such case, the intervention agency choosing the
ment referred to in Article 3 (3).                           successful tenderer shall immediately inform the inter­
                                                             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
reflect normal market prices and costs, the interven­        require .
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
10 units of account per tonne of goods.                      relating to the tendering are completed.
 ---pagebreak--- No L 318 /46                       Official Journal of the European Communities                             11 . 11 . 78
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 expec­     As regards this tender the intervention agency is auth­
    tected date of arrival of the products at their desti­   orized to make an initial payment of 80 % of the
    nation ;                                                 value of the quantity given in the bill of lading, on
(c) all possible contingencies which might occur              presentation of that document and subject to the
    during transportation of the products.                    taking of a security for an amount equal to the initial
                                                              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, 10 November 1978 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President
 ---pagebreak--- 11 . 11 . 78                               Official Journal of the European Communities                                 No L 318/47
                                                                  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/m2 ;
                — 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          Port of unloading            Tonnage cif            Loading period            Inscription on the sacks
                                                                                                Flocons      d'avoine / Don     de la
                                                                                                Communaute économique euro­
          I                Haiphong                     1 400             1 .—30.12.1978        péenne / Action du Fonds des
                                                                                                Nations unies pour l'enfance
                                                                                                (UNICEF) — Haiphong