31975R2709
25 . 10 . 75 Official Journal of the European Communities No L 274/21
REGULATION (EEC) No 2709/75 OF THE COMMISSION of 24 October 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 Dutch intervention agency should be COMMUNITIES, made responsible for organizing the invitation to tender ; Having regard to the Treaty establishing the European Economic Community ; Whereas it is important that the Commission be informed without delay of the tenders submitted in Having regard to Council Regulation No 120/ response to the invitation and of those accepted by 67/EEC (1 ) of 13 June 1967 on the common organiza the intervention agency ; tion of the market in cereals, as last amended by Regu lation (EEC) No 665/75 (2) ; Whereas the Monetary Committee will be consulted ; whereas, in view of the urgency, the measures envis Having regard to Council Regulation (EEC) No aged should be adopted in accordance with the condi 1 693/72 (3) of 3 August 1972 establishing the criteria tions laid down in Article 3 (2) of Council Regulation for the mobilization of cereals as food aid, and in parti No 129 (4) on value of the unit of account and the cular Article 6 thereof ; exchange rates to be applied for the purposes of the common agricultural policy, as last amended by Regu Whereas on 15 October 1975 the Commission of the lation (EEC) No 2543/73 (5), and in particular Article 3 thereof ; European Communities declared that it proposed, by way of Community action, to grant the equivalent of 4 000 metric tons of oats, in the form of 2 000 metric Whereas the measures provided for in this Regulation tons of rolled oats, to UNICEF under its 1974/75 are in accordance with the Opinion of the Manage food-aid programme ; ment Committee for Cereals,
Whereas pursuant to Article 3 (3) of Council Regula tion (EEC) No 1693/72 the goods may be purchased anywhere on the Community market ; HAS ADOPTED THIS REGULATION : Whereas the proposed invitation to tender should be for supply of the products cif, that is to say, actually placed on the quay at the port of unloading ; Article 1
Whereas tenders may be submitted by tenderers esta 1 . An invitation to tender shall be issued in respect blished in any Member State of the Community and of the supply of 2 000 metric tons of rolled oats to may relate to products mobilized anywhere within UNICEF by way of Community food-aid action . those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure 2. The tendering procedure shall take place in the that the tenders are as comparable as possible, account Netherlands in one lot. The product shall be mobi should be taken of the effect on each tender of the lized on the Community market. The product shall be currency situation in the Member State in which the loaded for departure from a Community port. customs export formalities will be completed ;
Whereas the award under the invitation to tender 3 . The invitation to tender provided for in para graph 1 is for supply of products delivered cif, that is must be made in favour of the tenderer offering the best terms ; to say, actually placed on the quay in one of the ports of unloading listed in the Annex hereto. Whereas provision should be made for security to be 4. The successful tenderer shall deliver the given to guarantee fulfilment of obligations arising by products specified in paragraph 1 cif in sacks of 25 virtue of participation in the invitation to tender for kilogrammes net according to the conditions laid the supply of goods to UNICEF : down in the Annex hereto . (>) OJ No 117, 19 . 6 . 1967, p. 2269 /67 . (2) OJ No L 72, 20 . 3 . 1975, p. 14. (4) OJ No 106, 30 . 10 . 1962, p. 2553/62. (3 OJ No L 178 , 5. 8 . 1972, p. 3 . (5) OJ No L 263, 19 . 9 . 1973 , p. 1 .
No L 274/22 25 . 10 . 75 Official Journal of the European Communities
Article2¶
1 . The decision on tenders received in response to 1 . The tenderer shall give security in an amount of the invitation provided for in Article 1 shall be taken 10 units of account per metric ton of goods. on 7 November 1975 . It shall be released : 2. The closing date for submission of tenders shall be 7 November 1975 at 12 noon . — in the case of all tenderers whose tenders are 3 . The notice of invitation to tender shall be unsuccessful or are not accepted, published in the Official Journal of the European — in the case of the successful tenderer, when the Communities not less than nine days before the operations concerned have been carried out within closing date for submission of tenders. the prescribed time limit and on submission of the original export licence duly granted and Article 3 endorsed by the competent authorities of the Member State mentioned in the tender pursuant 1 . The prices offered must be expressed in the to Article 3 (2), currency of the Member State in which the invitation to tender was issued . — in the case of the successful tenderer for quantities not supplied by reason of force majeure. 2. Tenders must in particular mention the Member State in which the tenderer, in the event of his being 2. The security required under paragraph 1 may be declared successful, expects to complete the customs provided in the form of a cash deposit or of a export formalities for the products concerned. guarantee issued by a credit institution conforming to criteria laid down by each Member State. 3 . For the purpose of rendering the tenders compar able, the prices shall, where appropriate, be corrected by the monetary compensatory amount and the acces Article 6 sion compensatory amount applicable on the closing date for submission of tenders to exports from the 1 . The rolled oats referred to in Article 1 to be Member State mentioned in the tender pursuant to supplied to UNICEF must meet the requirements paragraph 2. contained in the Annex hereto .
Such correction shall be made by : Oats not meeting these requirements shall be refused. — increasing prices which mention a Member State whose currency has depreciated or a new Member 2. Tenders for supply to UNICEF of the rolled oats State, referred to in Article 1 must relate to a product with the characteristics contained in the Annex hereto . — reducing prices which mention a Member State whose currency has been revalued.
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 However, if the tenders submitted do not appear to vention agency of the Member State concerned and reflect normal market prices and costs, the interven shall supply it with the information which it may tion agency may cancel the invitation to tender. require .
25 . 10 . 75 Official Journal of the European Communities No L 274/ 23
Furthermore, the amount of the successful tender The information indicated above shall be forwarded shall be paid after it has been converted using the by the intervention agency to the Commission imme average of the spot rates referred to in the second diately upon receit. subparagraph of Article 3 (3) to the tenderer in the' currency of the Member State in which the operations 5. When the intervention agency responsible for relating to the tendering are completed. the operations relating to tendering is not the interven 4. The intervention agency shall request the tion agency which appoints the successful tenderer, it shall send as soon as possible to the latter the informa successful tenderer to supply the following informa tion : tion necessary for releasing the security.
(a) after each shipment a certificate showing the quan tities dispatched and the quality of the products ; Article 8 (b) the date of the departure of the vessels, the 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, 24 October 1975 .
For the Commission P.J. LARDINOIS Member of the Commission
No L 274/24 25 . 10 . 75 Official Journal of the European Communities
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/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.
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.
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 Påskrift på sækkene No of lot Port of unloading Tonnage cif Loading period Inscription on the sacks Nr. van de partij Haven van lossing Cif aan te leveren hoeveelheid Periode van laden Melding op de zakken (ton)
ROLLED OATS / GIFT OF THE EUROPEAN ECONOMIC 1 Bombay 2 000 1 — 15 . 12. 1975 COMMUNITY / ACTION OF THE UNITED NATIONS CHILDREN'S FUND (UNICEF)