31976R2319
No L 261 /22 Official Journal of the European Communities 25 . 9 . 76
COMMISSION REGULATION ( EEC) No 2319/76 of 24 September 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 ('), 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 are in accordance with the opinion of the Manage pean Communities declared that it proposed, by way ment Committee for Cereals, of Community action , to grant the equivalent of 6 432 metric tons of oats, in the form of 3 216 metric tons of rolled oats, to UNICEF under its 1975/ 76 food-aid HAS ADOPTED THIS REGULATION : programme ; Whereas purusant 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 3 216 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 seven 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 Article 2 given to guarantee fulfilment of obligations arising by 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 8 October 1976 . made responsible for organizing the invitation to tender ; 2 . The closing date for submission of tenders shall be 8 October 1976 at 12 noon . (') OJ No L 281 , 1 . 1 1 . 1975 , p. 1 . (2 ) OJ No L 130 , 19 . .5 . 1976, p . 1 . (4 ) OJ No 106, 30 . 10 . 1962, p . 2553/62 . (3 ) OJ No L 281 , 1 . 1 1 . 1 975 , p . 89 . (5 ) OJ No L 263 , 19 . 9 . 1973 , p . 1 .
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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 pupose 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 Article 7 whose currency has been revalued . 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 together with the name and business name of the central rate, 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 ten derer . 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 average of the spot rates referred to in the second Article 5 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 :
No L 261 / 24 Official Journal of the European Communities 25 . 9 . 76
(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, 24 September 1976. For the Commission P.J. LARDINOIS Member of the Commission
25 . 9 . 76 Official Journal of the European Communities No L 261 / 25
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.
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.
Number of lot Port of unloading Metric tonnnge cif Loading period Inscription on the sacks
1 300 15 . — 30 . 10 . 1976 Dar-es-Salaam J Rolled oats — Gift of the Euro 2 900 15 . — 30 . 10 . 1976 pean Economic Community — 3 Aden 480 15 . — 30 . 10 . 1976 * Action of the United Nations 4 Rangoon 446 15 . — 30 . 10 . 1976 \ Children's Fund (UNICEF) 5 Rangoon 445 1 . — 30 . 12 . 1976
J Flocons d'avoine — Don de la 6 323 15 . — 30 . 10 . 1976 Communauté économique euro Haiphong péenne — Action du Fonds des 7 Haiphong 322 1 . — 30 . 12 . 1976 Nations unies pour l'enfance 1 (UNICEF)