31978R2517

No L 301 / 18 Official Journal of the European Communities 28 . 10 . 78

COMMISSION REGULATION (EEC) No 2517/78 of 27 October 1978 opening an invitation to tender for the mobilization of rolled oats as food aid for the League of Red Cross Societies

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 (J), as last amended by tions laid down in Article 3 (2) of Council Regulation Regulation (EEC) No 1254/78 (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 30 January 1978 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 200 tonnes of oats in the form of 100 tonnes of rolled oats, to the League of Red Cross Societies under its 1977/78 food-aid programme ; HAS ADOPTED THIS REGULATION :

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 100 tonnes of rolled oats to the for supply of the products to the dock or in the League of Red Cross Societies by way of Community food-aid action . lighter where applicable at the port of unloading ;

Whereas tenders may be submitted by tenderers esta­ 2. The tendering procedure shall take place in the blished in any Member State of the Community and Netherlands in one lot. The product shall be mobi­ may relate to products mobilized anywhere within lized on the Community market. The product shall be those Member States ; whereas, in view of the currency loaded for departure from a Community port. situation in the Member States and in order to ensure that the tenders are as comparable as possible, account 3 . The invitation to tender provided for in para­ should be taken of the effect on each tender of the graph 1 is for supply of products to the dock, or in currency situation in the Member States in which the the lighter where applicable, in the port of Port-au­ Prince . customs export formalities will be completed ;

Whereas the award under the invitation to tender 4. The successful tenderer shall deliver the must be made in favour of the tenderer offering the products specified in paragraph 1 in sacks of 25 kilo­ best terms ; grams net according to the conditions laid down in the Annex hereto . Whereas provision should be made for security to be given to guarantee fulfilment of obligations arising by On the sacks shall be printed a red cross, 10 X 10 virtue of participation in the invitation to tender ; cm, as well as the following :

' Flocons d avoine / Don de la Communauté écono­ Whereas the Dutch intervention agency should be made responsible for organizing the invitation to mique européenne / Action de la Ligue des sociétés tender : de la Croix-Rouge / À distribuer gratuitement / Port­ au-Prince'. (») OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 156, 14. 6. 1978 , p. 1 . (4) OJ No 106, 30. 10. 1962, p. 2553/62. P) OJ No L 281 , 1 . 11 . 1975, p. 89 . (5) OJ No L 263, 19 . 9. 1973, p. 1 .

28 . 10 . 78 No L 301 / 19 Official Journal of the European Communities

Article 2 However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ 1 . The decision on tenders received in response to tion agency may cancel the invitation to tender. the invitation provided for in Article 1 shall be taken on 10 November 1978 . ' Article 5 2. The closing date for submission of tenders shall be 10 November 1978 at 12 noon . 1 . The tenderer shall give security in an amount of 10 units of account per tonne of goods. 3 . The notice of invitation to tender shall be published in the Official Journal of the European It shall be released : Communities not less than nine days before the closing date for submission of tenders. — in the case of all tenderers whose tenders are unsuccessful or are not accepted, — in the case of the successful tenderer, when the Article 3 operations concerned have been carried out within the prescribed time limit and on submission of 1 . The prices offered must be expressed in the currency of the Member State in which the invitation the original export licence duly granted and to tender was issued . endorsed by the competent authorities of the Member State mentioned in the tender pursuant 2. Tenders must in particular mention the Member to Article 3 (2), State in which the tenderer, in the event of his being — in the case of the successful tenderer for quantities declared successful, expects to complete the customs not supplied by reason of force majeure. export formalities for the products concerned. 2. The security required under paragraph 1 may be 3. For the purpose of rendering the tenders compar­ provided in the form of a cash deposit or of a able, the prices shall, where appropriate, be corrected guarantee issued by a credit institution conforming to by the monetary compensatory amount applicable on criteria laid down by each Member State. the closing date for submission of tenders to exports from the Member State mentioned in the tender pursuant to paragraph 2. Article 6

Such correction shall be made by : 1 . The rolled oats referred to in Article 1 must — increasing prices which mention a Member State meet the requirements contained in the Annex hereto . whose currency has depreciated or a new Member State, Oats not meeting these requirements shall be refused. — reducing prices which mention a Member State whose currency has been revalued. 2. Tenders for supply of the rolled oats referred to in Article 1 must relate to a product with the The monetary compensatory amount shall, where characteristics contained in the Annex hereto . appropriate, be converted into the currency of the Member State in which the invitation to tender is issued using : Article 7 — in the case when the currencies concerned are kept at any given moment within a band of 1 . The Dutch intervention agency shall be respon­ 2-25 % , a conversion rate resulting from their sible for operations relating to the invitation to tender central rate, provided for by this Regulation. — in the other cases, the average of the spot rates of 2. It shall forthwith communicate to the Commis­ the currencies concerned recorded in the Member State in which the invitation to tender is issued sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, during a period from the Wednesday of one week together with the name and business name of the to the Tuesday of the following week being the successful tenderer. period immediately preceding the closing date for submission of tenders . 3. Where the customs export formalities for the mobilized products are completed in a Member State Article 4 other than that in which the invitation to tender is issued, the intervention agency of the latter Member The contract shall be awarded to the tenderer offering State shall be responsible for the operations following the best terms, taking into consideration the adjust­ tendering including payment to the successful ment referred to in Article 3 (3). tenderer.

No L 301 /20 Official Journal of the European Communities 28 . 10 . 78

In such case, the intervention agency choosing the The information indicated above shall be forwarded successful tenderer shall immediately inform the inter­ by the intervention agency to the Commission imme­ vention agency of the Member State concerned and diately upon receipt. shall supply it with all the information which it may 5. When the intervention agency responsible for require. the operations relating to tendering is not the interven­ Furthermore, the amount of the successful tender tion agency which appoints the successful tenderer, it shall be paid after it has been converted using the shall send as soon as possible to the latter the informa­ average of the spot rates referred to in the second tion necessary for releasing the security. subparagraph of Article 3 (3) to the tenderer in the currency of the Member State in which the operations ■ Article 8 relating to the tendering are completed. As regards this tender the intervention agency is auth­ 4. The intervention agency shall request the orized to make an initial payment of 80 % of the successful tenderer to supply the following informa­ value of the quantity given in the bill of lading, on tion : presentation of that document and subject to the taking of a security for an amount equal to the initial (a) after each shipment a certificate showing the quan­ payment. tities dispatched and the quality of the products ; (b) the date of the departure of the vessels, the Article 9 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 Communities. during transportation of the products.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 27 October 1978 . For the Commission

Finn GUNDELACH Vice-President

28 . 10 . 78 No L 301 /21 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. 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.