CELEX: 31978R0808
Language: en
Date: 1978-04-21 00:00:00
Title: Commission Regulation (EEC) No 808/78 of 21 April 1978 opening an invitation to tender for the mobilization of rolled oats as food aid for the United Nations Children's Fund (UNICEF)

22. 4. 78                               Official Journal of the European Communities                           No L 108 / 17
                                   COMMISSION REGULATION ( EEC) No 808/78
                                                       of 21 April 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 2560/77 (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                  Regulation (EEC) No 2543/73 (5), and in particular
tions for the mobilization of cereals as food aid (3), and         Article 3 thereof ;
in particular Article 6 thereof,
Whereas on 8 February 1977 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 4 898
tonnes of oats, in the form of 2 449 tonnes of rolled
oats, to UNICEF under its 1976/77 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 2 449 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 three 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 producers to the dock, or in
should be taken of the effect on each tender of the                the lighter where applicable in one of the ports of
currency situation in the Member State in which the                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 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 5 May 1978 .
made responsible for organizing the invitation to
tender :                                                           2. The closing "date for submission of tenders shall
                                                                   be 5 May 1978 , at 12 noon .
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 303, 28 . 11 . 1977, p. 1 .                            (4) OJ No 106, 30. 10 . 1962, p. 2553/62.
(3) OJ No L 281 , 1 . 11 . 1975, p. 89.                            (5) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak--- No L 108 / 18                      Official Journal of the European Communities                              22 . 4. 78
3.     The   notice of  invitation  to  tender  shall  be     — in the case of the successful tenderer, when the
published in the Official Journal of the European                 operations concerned have been carried out within
Communities not less than nine days before the                    the prescribed time limit and on submission of
closing date for submission of tenders.                           the original export licence duly granted and
                                                                  endorsed by the competent authorities of the
                        Article 3                                 Member State mentioned in the tender pursuant
                                                                  to Article 3 (2),
1 . The prices offered must be expressed in the
currency of the Member State in which the invitation         — in the case of the successful tenderer for quantities
to tender was issued .                                            not supplied by reason of force majeure.
2. Tenders must in particular mention the Member              2. The security required under paragraph 1 may be
State in which the tenderer, in the event of his being        provided in the form of a cash deposit or of a
declared successful, expects to complete the customs         guarantee issued by a credit institution conforming to
export formalities for the products concerned.                criteria laid down by each Member State.
3.     For the purpose of rendering the tenders compar­
able, the prices shall, where appropriate, be corrected                                Article 6
by the monetary compensatory amount applicable on
                                                              1.     The rolled oats referred to in Article 1 to be
the closing date for submission of tenders to exports
from    the  Member State    mentioned    in  the  tender     supplied to UNICEF must meet the requirements
                                                              contained in the Annex hereto .
pursuant to paragraph 2.
Such correction shall be made by :                            Oats not meeting these requirements shall be refused.
— increasing prices which mention a Member State              2. Tenders for supply to UNICEF of the rolled oats
     whose currency has depreciated or a new Member           referred to in Article 1 must relate to a product with
     State,                                                   the characteristics contained in the Annex hereto.
— reducing prices which mention a Member State
     whose currency has been revalued.                                                 Article 7
The monetary compensatory amount shall, where                 1 . The Dutch intervention agency shall be respon­
appropriate, be converted into the currency of the            sible for operations relating to the invitation to tender
Member State in which the invitation to tender is
                                                              provided for by this Regulation .
issued using :
— in the case when the currencies concerned are               2.     It shall forthwith communicate to the Commis­
     kept at any given moment within a band of                sion the list of firms which have responded to the invi­
     2-25 % , a conversion rate resulting from their          tation to tender, specifying the terms of each tender,
     central rate,                                            together with the name and business name of the
                                                              successful tenderer.
— in the other cases, the average of the spot rates of
     the currencies concerned recorded in the Member
     State in which the invitation to tender is issued
                                                              3 . Where the customs export formalities for the
                                                              mobilized product are completed in a Member State
     during a period from the Wednesday of one week           other than that in which the invitation to tender is
     to the Tuesday of the following week being the           issued, the intervention agency of the latter Member
     period immediately preceding the closing date for
     submission of tenders .                                  State shall be responsible for the operations following
                                                              tendering including payment to the successful
                                                              tenderer.
                        Article 4
The contract shall be awarded to. the tenderer offering       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
                                                              shall supply it with the information which it may
However, if the tenders submitted do not appear to            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
 10 units of account per tonne of goods.                      relating to the tendering are completed.
It shall be released :
                                                              4. The intervention agency shall request the
— in the case of all tenderers whose tenders are              successful tenderer to supply the following informa­
     unsuccessful or are not accepted,                        tion :
 ---pagebreak--- 22 . 4 . 78                        Official Journal of the European Communities                        No L 108/ 19
(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
(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
diately upon receipt.
                                                                                      Article 9
5.     When the intervention agency responsible for
the operations relating to tendering is not the interven­
tion agency which appoints the successful tenderer, it        This Regulation shall enter into force on the day of its
shall send as soon as possible to the latter the informa­     publication in the Official Journal of the European
tion necessary for releasing the security.                    Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 21 April 1978 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President
 ---pagebreak--- No L 108 /20                             Official Journal of the European Communities                                         22 . 4 . 78
                                                                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.
             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
      1            Bangkok                              300            1 . _ 30 . 5 . 1978    Communaute économique euro­
      2            Haiphong                           1 075            1 . — 30 . 5 . 1978    péenne / Action du Fonds des
      3            Haiphong                           1 074            1 . — 30 . 7 . 1978    Nations unies pour l'enfance
                                                                                              ( UNICEF)