CELEX: 31976R2950
Language: en
Date: 1976-12-03 00:00:00
Title: Commission Regulation (EEC) No 2950/76 of 3 December 1976 opening an invitation to tender for the mobilization of rolled oats as food aid for the United Nations Children's Fund (UNICEF)

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  4. 12. 76                               Official Journal of the European Communities                           No L 335/21
                                    COMMISSION REGULATION (EEC) No 2950/76
                                                       of 3 December 1976
                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 (l), as amended by Regula­           tions laid down in Article 3 (2) of Council Regulation
  tion (EEC) No 1 143/76 (2),                                        No 129 on 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 25 March 1976 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 5 164
  metric tons of oats, in the form of 2 582 metric tons
  of rolled oats, to UNICEF under its 1975/76 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. 2 582 metric tons 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 four 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 products 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                grammes 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 29 December 1976 .
  made responsible for organizing the invitation to
  tender ;                                                           2.    The closing date for submission of tenders shall
                                                                     be 29 December 1976 at 12 noon .
  (») OJ No L 281 , 1 . 11 . 1975, p. 1 .
  (2) OJ No L 130, 19 . 5 . 1976, p. 1 .                             (4) OJ No 106, 30. 10 . 1962, p. 2553/62.
  (J) OJ No L 281 , 1 . 11 . 1975, p. 89.                            (5) OJ No L 263, 19. 9. 1973, p. 1 .
 ---pagebreak---  No L 335/22                      Official Journal of the European Communities                              4. 12. 76
 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
exports 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 and the acces­
                                                             1.    The rolled oats referred to in Article 1 to be
sion compensatory amount applicable on the closing
date for submission of tenders to exports from the          supplied to UNICEF must meet the requirements
                                                            contained in the Annex hereto.
Member State mentioned in the tender pursuant to
paragraph 2.
                                                            Oats not meeting these requirements shall be refused.
Such correction shall be made by :
                                                            2. Tenders for supply to UNICEF of the rolled oats
— increasing prices which mention a Member State            referred to in Article 1 must relate to a product with
     whose currency has depreciated or a new Member         the characteristics contained in the Annex hereto.
     State ,
— 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 :
                                                            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
    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        3 . Where the customs export formalities for the
    State in which the invitation to tender is issued       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      State shall be responsible for the operations following
    submission of tenders .                                 tendering, including payment to the successful
                                                            tenderer.
                        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 the information which it may
However, if the tenders submitted do not appear to          require.
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
10 units of account per metric ton 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--- 4. 12. 76                          Official Journal of the European Communities                         No L 335/23
(a) after each shipment a certificate showing the quan­      5. When the intervention agency responsible for
    tities dispatched and the quality of the products ;      the operations relating to tendering is not the interven­
(b) the date of the departure of the vessels, the            tion agency which appoints the successful tenderer, it
    expected date of arrival of the products at their        shall send as soon as possible to the latter the informa­
    destination ;                                            tion necessary for releasing the security.
(c) all possible contingencies which might occur
    during transportation of the products.                                           Article 8
The information indicated above shall be forwarded           This Regulation shall enter into force on the day of its
by the intervention agency to the Commission imme­           publication in the Official Journal of the European
diately upon receipt.                                         Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 3 December 1976.
                                                                      For the Commission
                                                                         P.J. LARDINOIS
                                                                   Member of the Commission
 ---pagebreak--- No L 335/24                             Official Journal of the European Communities                                          4. 12. 76
                                                                  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.
                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.
  Number of lot       Port of unloading           Metric tonnage cif         Loading period            Inscription on the sacks
1                     Dar-es-Salaam                      900             1 . — 30 . 3 . 1977
                                                                                              J Rolled oats — Gift of the Euro­
                                                                                              f pean Economic Community —
2                     Aden                               480             1 . — 30 . 3 . 1977
                                                                                              /  Action   of    the   United    Nations
                                                                                              \ Children's Fund ( UNICEF)
3                     Rangoon                            880             1 . — 30 . 3 . 1977
                                                                                               } Flocons d'avoine — Don de la
                                                                                              / Communauté économique euro­
4                     Haiphong                           322             1 . — 30 . 3 . 1 977 > péenne — Action du Fonds des
                                                                                              V Nations unies pour l'enfance
                                                                                              ) (UNICEF)