31978R0808

22. 4. 78 No L 108 / 17 Official Journal of the European Communities

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 the measures provided for in this Regulation Whereas on 8 February 1977 the Council of the Euro­ 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 4 898 tonnes of oats, in the form of 2 449 tonnes of rolled oats, to UNICEF under its 1976/77 food-aid HAS ADOPTED THIS REGULATION : programme ;

Whereas pursuant to Article 3 (3) of Council Regula­ Article 1 tion (EEC) No 2750/75 the goods may be purchased 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 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 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 .

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 — in the case of the successful tenderer for quantities currency of the Member State in which the invitation not supplied by reason of force majeure. to tender was issued . 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 Article 6 able, the prices shall , where appropriate, be corrected 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 : 2. It shall forthwith communicate to the Commis­ — in the case when the currencies concerned are 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 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 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 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 tion : unsuccessful or are not accepted,

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 Communities. tion necessary for releasing the security.

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

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)