CELEX: 31979R2473
Language: en
Date: 1979-11-09 00:00:00
Title: Commission Regulation (EEC) No 2473/79 of 9 November 1979 opening an invitation to tender for the mobilization of rolled oats as food aid for the Catholic Relief Services

10 . 11 . 79                             Official Journal of the European Communities                          No L 281 / 9
                                      COMMISSION REGULATION ( EEC) No 2473/79
                                                         of 9 November 1979
                 opening an invitation to tender for the mobilization of rolled oats as food aid
                                                   for the Catholic Relief Services
 THE COMMISSION OF THE EUROPEAN                                      Whereas should force majeure make it impossible to
 COMMUNITIES,                                                        complete the operation in question within the time
                                                                     limits specified, it must be made clear who is to bear
 Having regard to the Treaty establishing the European               the liability for any resulting costs ;
 Economic Community,
 Having regard to Council Regulation (EEC) No                        Whereas provision should be made for security to be
 2727/75 of 29 October 1975 on the common organiza­                  given to guarantee fulfilment of the obligations arising
 tion of the market in cereals ('), as last amended by               by virtue of participation in the invitation to tender ;
 Regulation (EEC) No 1 547/79 (2),
 Having regard to Council Regulation (EEC) No                        Whereas the Dutch intervention agency should be
 2750/75 of 29 October 1975 laying down the condi­                   made responsible for organizing the invitation to
 tions for the mobilization of cereals as food aid (3), and          tender ;
 in particular Article 6 thereof,
 Having regard to Council Regulation No 129 on the                   Whereas it is important that the Commission be
 value of the unit of account and the exchange rates to              informed without delay of the tenders submitted in
 be applied for the purposes of the common agricul­                  response to the invitation and of those accepted by
 tural policy (4), as last amended by Regulation ( EEC)              the intervention agency ;
 No 2543/73 (5 ), and in particular Article 3 thereof,
 Having regard to the opinion of the Monetary                        Whereas the measures provided for in this Regulation
 Committee,                                                          are in accordance with the opinion of the Manage­
                                                                     ment Committee for Cereals ,
 Whereas on 8 May 1979 the Council of the European
 Communities declared that it proposed, by way of
 Community action , to grant the equivalent of 500
 tonnes of oats, in the form of 250 tonnes of rolled
 oats, to the Catholic Relief Services under its 1978 / 79           HAS ADOPTED THIS REGULATION :
 food-aid programme ;
 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 ;
 Whereas tenders should be invited for the supply of                  1.   An invitation to tender shall be issued in respect
 the product to the port of shipment in the vicinity of              of the supply of 250 tonnes of rolled oats to the
 the vessel , the goods to be set down at the place nomi­            Catholic Relief Services by way of Community food­
 nated by the recipient or its agent ;                               aid action .
 Whereas tenders may be submitted by tenderers esta­
 blished in any Member State of the Community and                    2.    The tendering procedure shall take place in the
 may relate to products mobilized anywhere within                    Netherlands in one lot . The product shall be mobi­
 those Member States ; whereas, in view of the currency              lized on the Community market . The product shall be
 situation in the Member States and in order to ensure               loaded for departure from a Community port.
 that the tenders are as comparable as possible, account
 should be taken of the effect on each tender of the
                                                                     3 . The product referred to in paragraph 1 is to be
 currency situation in the Member States in which the                delivered to the port of shipment in the vicinity of the
 customs export formalities will be completed ;                      vessel . The goods must be set down at the place nomi­
Whereas the award under the invitation to tender                     nated by the recipient country or its agent, the timing
 must be made in favour of the tenderer offering the                 of delivery being settled by the tenderer and the recip­
best terms ;                                                         ient country's agent.
(•) OJ   No  L 281 , 1 . 11 . 1975, p. 1 .                           4.    The    successful   tenderer  shall   deliver  the
(2) OJ   No  L 188 , 26. 7. 1979, p . 1 .
(3) OJ   No  L 281 , 1 . 11 . 1975, p. 89 .                          products specified in paragraph 1 in sacks of 25 kilo­
(4) OJ   No   106, 30. 10. 1962, p . 2553/62.                        grams net according to the conditions laid down in
(5) OJ   No  L 263, 19 . 9 . 1973, p. 1 .                            the Annex hereto .
 ---pagebreak---  No L 281 / 10                     Official Journal of the European Communities                             10 . 11 . 79
                        Article 2                                                     Article 5
 1 . The decision on tenders received in response to         If the tenderer is unable to deliver the goods in
the invitation provided for in Article 1 shall be taken      compliance with Article 1 (3) on the date given in the
on 23 November 1979 .                                        notice of invitation to tender as a result of the late
                                                             availability of the vessels to be used for sea transporta­
 2.    The closing date for submission of tenders shall      tion the resulting costs shall be borne by the interven­
be 23 November 1979 at 12 noon .                             tion agency.
3.     The   notice of  invitation  to  tender  shall be
                                                                                      Article 6
published in the Official Journal of the European
 Communities not less than nine days before the               1 . The tenderer shall give security in an amount of
closing date for submission of tenders.                       12 ECU per tonne of goods.
                                                              It shall be released :
                        Article 3
                                                             — in the case of all tenderers whose tenders are
 1 . The prices offered must be expressed in the                  unsuccessful or are not accepted,
currency of the Member State in which the invitation         — in the case of the successful tenderer, when the
to tender was issued .
                                                                  operations concerned have been carried out within
2. Tenders must in particular mention the Member                  the prescribed time limit and on submission of
State in which the tenderer, in the event of his being            the original export licence duly granted and
declared successful, expects to complete the customs              endorsed by the competent authorities of the
export formalities for the products concerned .                   Member State mentioned in the tender pursuant
                                                                  to Article 3 (2),
3.     For the purpose of rendering the tenders compar­      — in the case of the successful tenderer for quantities
able, the prices shall, where appropriate, be corrected           not supplied by reason of force majeure.
by the monetary compensatory amount applicable on
the closing date for submission of tenders to exports        2. The security required under paragraph 1 may be
from    the Member State mentioned        in  the tender     provided in the form of a cash deposit or of a
pursuant to paragraph 2. Such correction shall be            guarantee issued by a credit institution conforming to
made by :                                                    criteria laid down by each Member State .
— increasing prices which mention a Member State                                      Article 7
     whose currency has depreciated,
— reducing prices which mention a Member State                1.    The rolled oats referred to in Article 1      to be
     whose currency has been revalued .                      supplied to the Catholic Relief Services must meet the
                                                             requirements contained in the Annex hereto.
The monetary compensatory amount shall, where
appropriate, be converted into the currency of the           Oats not meeting these requirements shall be refused .
Member State in which the invitation to tender is
                                                             2.     Tenders for supply to the Catholic Relief
issued using :                                               Services of the rolled oats referred to in Article 1 must
— in the case when the currencies concerned are              relate to a product with the characteristics contained
     kept at any given moment within a band of               in the Annex hereto .
     2-25 % , a conversion rate resulting from their
     central rate,                                                                    Article 8
— in the other cases, the average of the spot ratfes of
     the currencies concerned recorded in the Member          1 . The Dutch intervention agency shall be respon­
     State in which the invitation to tender is issued       sible for operations relating to the invitation to tender
     during a period from the Wednesday of one week          provided for by this Regulation .
     to the Tuesday of the following week being the          2.     It shall forthwith communicate to the Commis­
     period immediately preceding the closing date for       sion the list of firms which have responded to the invi­
     submission of tenders .
                                                             tation to tender, specifying the terms of each tender,
                                                             together with the name and business name of the
                        Article 4                            successful tenderer.
The contract shall be awarded to the tenderer offering       3.     Where the customs export formalities for the
the best terms, taking into consideration the adjust­        mobilized product are completed in a Member State
                                                             other than that in which the invitation to tender is
ment referred to in Article 3 (3).
                                                             issued, the intervention agency of the latter Member
However, if the tenders submitted do not appear to           State shall be responsible for the operations following
reflect normal market prices and costs, the interven­        tendering including payment to the successful
tion' agency may cancel the invitation to tender.            tenderer.
           4
 ---pagebreak--- 10 . 11 . 79                       Official Journal of the European Communities                          No L 281 / 11
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 the information which it may             5. When the intervention agency responsible for
require.                                                      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
                                                                                       Article 9
currency of the Member State in which the operations
relating to the tendering are completed.                      On delivery of the goods at the port of shipment, a
                                                              handing-over certificate shall be supplied to the
4. The intervention agency shall request the
                                                              successful tenderer, acting as agent for the Commu­
successful tenderer to supply the following informa­
tion :                                                        nity, by the agent of the recipient country or, in the
                                                              absence of the latter, by the intervention agency of the
(a) after each shipment a certificate showing the quan­       Member State in whose territory the port of shipment
     tities dispatched and the quality of the products ;      is situated .
(b) the date of the departure of the vessels, the
                                                                                      Article 10
     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, 9 November 1979 .
                                                                        For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President
 ---pagebreak--- No L 281 / 12                        Official Journal of the European Communities                                  10 . 11 . 79
                                                            ANNEX
                                                      SPECIFICATIONS
             Production of quick-cooking oat flakes :
             Raiv 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 010% of dry matter.
             Protein content : not less than 14% of dry matter.
                 No of lot           Tonnage fas            Loading period             Inscription on the sacks
                                                 <
                                                                                  Flocons d'avoine / Don de la
                                                                                  Communauté économique euro­
                      1                 250              1 to 30 . 12 . 1979      péenne / Pour distribution grat­
                                                                                  uite en Haïti / Cathwell / Port­
                                                                                  au-Prince