CELEX: 31975R0374
Language: en
Date: 1975-02-14 00:00:00
Title: Regulation (EEC) No 374/75 of the Commission of 14 February 1975 opening an invitation to tender for the mobilization of rolled oats as food aid for the United Nations Children's Fund (UNICEF)

15 . 2 . 75                             Official Journal of the European Communities                          No L 41 / 17
                              REGULATION ( EEC) No 374/75 OF THE COMMISSION
                                                      of 14 February 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 the measures provided for in this Regulation
COMMUNITIES,                                                        are in accordance with the Opinion of the Manage­
                                                                    ment Committee for Cereals,
 Having regard to the Treaty establishing the European
 Economic Community ;
 Having regard to Council Regulation No 120/                        HAS ADOPTED THIS REGULATION :
67/ EEC(')of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by
Regulation ( EEC) No 85/75 (2) ;                                                            Article 1
 Having regard to Council Regulation ( EEC) No                      1 . An invitation to tender shall be issued in respect
 1 693/72 (3) of 3 August 1972 establishing the criteria           of the supply of 5 000 metric tons of rolled oats to
for the mobilization of cereals as food aid, and in parti­          UNICEF by way of Community food-aid action .
cular Article 6 thereof ;
                                                                   2. The tendering procedure shall take place in the
Whereas on 21 March 1974 the Council of the Euro­                  Netherlands in 17 lots. The product shall be mobi­
pean Communities declared that it proposed, by way                 lized on the Community market. The product shall be
of Community action, to grant the equivalent of                     loaded for departure from a Community port.
 10 000 metric tons of oats, in the form of 5 000
metric tons of rolled oats , to UNICEF under its                   3 . The invitation to tender provided for in para­
 1973/74 food-aid programme ;                                      graph 1 is for supply of products delivered cif, that is
                                                                   to say, actually placed on the quay in one of the ports
Whereas pursuant to Article 3 (3) of Council Regula­               of unloading listed in the Annex hereto.
tion (EEC) No 1693/72 the goods may be purchased
anywhere on the Community market ;                                 4.    The     successful   tenderer  shall  deliver   the
                                                                   products specified in paragraph 1 cif in sacks of 25
Whereas the proposed invitation to tender should be                kilogrammes net according to the conditions laid
for supply of the products cif, that is to say, actually           down in the Annex hereto .
placed on the quay at the port of unloading ;
Whereas      the  contract    should     be   awarded  to  the                              Article 2
tenderer who makes the best offer ;
                                                                    1 . The decision on tenders received in response to
Whereas it must be made clear who is to bear any                   the invitation provided for in Article 1 shall be taken
costs which arise in the event that for reasons of force
                                                                   on 28 February 1975.
 majeure the operation in question is not completed
within the time stipulated ;                                       2.    The closing date for submission of tenders shall
                                                                   be 28 February 1975 at 12 noon .
Whereas provision should be made for security to be
given to guarantee fulfilment of obligations arising by            3.    The    notice  of  invitation to  tender  shall  be
virtue of participation in the invitation to tender for            published in the Official Journal of the European
the supply of goods to UNICEF ;                                     Coin m unities not less than nine days before the
Whereas the Dutch intervention agency should be                    closing date for submission of tenders .
made responsible for organizing the invitation to
tender ;
                                                                                            Article 3
Whereas it is important that the Commission be
informed without delay of the tenders submitted in                 The contract shall be awarded to the tenderer offering
                                                                   the best terms .
response to the invitation and of those accepted by
the intervention agency ;
                                                                   However, if the tenders submitted do not appear to
(') OJ No 117, 19 . 6 . 1 967, p . 2269/ 67 .                      correspond to normal market prices and costs, the
(2) OJ No L 11 , 16 . 1 . 1 975 , p. 1 .                           intervention agency may cancel the invitation to
(3 ) OJ No L 178 , 5 . 8 . 1972, p. 3 .                            tender.
 ---pagebreak--- No L 41 / 18                        Official Journal of the European Communities                              15 . 2 . 75
                         Article 4                             3.     On the other hand, if the successful tenderer is
                                                               established in a Member State other than the one
1 . The successful tenderer shall give security in an          collecting the tenders, and if the product is dispatched
amount of 10 units of account per metric ton of                through a frontier post of the Member State where the
goods ; the purpose of such security is to guarantee           successful tenderer is established , the intervention
performance of the operations specified in Article 1 .         agency of the latter Member State shall be responsible
The security shall be forfeit it those operations are not      for the operations relating to the tendering.
carried out within the time stipulated, save as regards
quantities not delivered for reasons of force majeure.         In this case, the intervention agency choosing the
2. The security provided for in paragraph 1 may be             successful tenderer shall immediately inform the inter­
                                                              vention agency of the Member State concerned and
given in the form of a cash deposit or of a guarantee
issued by a credit institution conforming to the               shall supply it with Ml the information which it may
                                                               require.
criteria laid down by the Member State.
                                                               4.     The intervention agency shall request the
                         Article 5                             successful tenderer to supply the following informa­
                                                               tion :
 1.    The rolled oats referred to in Article 1     to be
supplied to UNICEF must meet the requirements                  (a) after each shipment, a certificate showing the quan­
contained in the Annex hereto .                                    tities dispatched, the quality of the products and
                                                                   their packaging ;
Oats not meeting these requirements shall be refused.
                                                               (b) the date of the departure of the vessels, the
2 . Tenders for supply to UNICEF of the rolled oats                expected date of arrival of the products at their
referred to in Article 1 must relate to a product with             destination ;
the characteristics contained in the Annex hereto .
                                                               (c) all possible contingencies which might occur
                                                                   during transportation of the products.
                         Article 6
                                                               The information indicated above shall be forwarded
 1 . The Dutch intervention agency shall be respon­            by the intervention agency to the Commission imme­
sible for operations relating to the invitation to tender      diately upon receipt.
provided for by this Regulation .
2.     It shall forthwith communicate to the Commis­                                   Article 7
sion the list of firms which have responded to the invi­
tation to tender, specifying the terms of each tender,         This Regulation shall enter into force on the day of its
together with the name and business name of the                publication in the Official Journal of the European
successful tenderer.                                            Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 14 February 1975 .
                                                                          For the Commission
                                                                            P.J. LARD1NOIS
                                                                      Member of the Commission
 ---pagebreak--- 15 . 2 . 75                         Official Journal of the European Communities                               No L 41 / 19
                                                           ANNEX
                                                     SPECIFICATIONS
            Production of quick-cooking oat (lakes :
            Raw oats : First quality high-density oats.
            Cleaning and preparation : Oats to be cleaned of extraneous matter, debittered and stabilized by
            treatment with steam .
            Dehulling : Oats to be size-classified and dehulled. 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 repellant 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.
 ---pagebreak--- No L 41 /20                            Official Journal of the European Communities                                             15 . 2. 75
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             Paskrift pa sækkene
   No of lot
                    Port of unloading             Tonnage cif                Loading period            Inscription on the sacks
  Nr. van de       Haven van lossing     Cif aan te leveren hoeveelheid    Periode van laden            Melding op de zakken
      partij
         1       Saigon                                 200                 1 . - 30 . 4 . 1975
         2       Saigon                                 200                 1 . - 30. 5 . 1975  I FLOCONS D'AVOINE / DON
         3       Saigon                                 200                 1.-30 . 6. 1975     ! DE LA COMMUNAUTÉ
         4       Saigon                                 200                 1.-30 . 7. 1975       ÉCONOMIQUE EUROPÉENNE
                                                                                                / ACTION DU FONDS DES
         5       Saigon                                 200                 1 . - 30 . 8 . 1975 1 NATIONS UNIES POUR
         6       Bangkok                                 50                 1.-30. 4 . 1975       L'ENFANCE (UNICEF)
         7       Bangkok                                 50                 1.-30 . 6 . 1975
         8       Chaîna                                 375                 1 . - 30 . 4 . 1975 \
         9       Chaîna                                 400                 1 . - 30 . 5 . 1975
        10       Chaîna                                 375                 1 . - 30 . 6. 1975
        11       Chaîna                                 400                 1 . - 30. 7. 1975     ROLLED OATS / GIFT OF THE
        12       Chaîna                                 400                 1.-30. 8 . 1975       EUROPEAN ECONOMIC
                                                                                                ) COMMUNITY / ACTION OÎ
        13       Chittagong                             375                 1 . - 30 . 4 . 1975   THE UNITED NATIONS
        14       Chittagong                             400                 1 . - 30 . 5 . 1975 1 CHILDREN'S FUND (UNICEF;
        15       Chittagong                             375                 1.-30 . 6. 1975
        16       Chittagong                             400                 1.-30 . 7. 1975
        17       Chittagong                             400                 1 . - 30 . 8 . 1975
                 I                                    5 000