31979R0246

10 . 2 . 79 Official Journal of the European Communities No L 36/ 5

COMMISSION REGULATION ( EEC) No 246/79 of 9 February 1979 opening an invitation to tender for the mobilization of rolled oats as food aid for Caritas

THE COMMISSION OF THE EUROPEAN whereas provision should be made for security to be COMMUNITIES , given to guarantee fulfilment of the obligations arising by virtue of participation in the invitation to tender ; Having regard to the Treaty establishing the European Economic Community, Whereas the Dutch intervention agency should be made responsible for organizing the invitation to Having regard to Council Regulation (EEC) No tender ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ('), as last amended by Whereas it is important that the Commission be Regulation (EEC) No 1254/ 78 (2), informed without delay of the tenders submitted in response to the invitation and of those accepted by Having regard to Council Regulation (EEC) No the intervention agency ; 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3 ), and Whereas the measures provided for in this Regulation in particular Article 6 thereof, are in accordance with the opinion of the Manage­ Having regard to the opinion of the Monetary ment Committee for Cereals , Committee,

Whereas on 25 March 1976 the Council of the Euro­ pean Communities declared that it proposed, by way HAS ADOPTED THIS REGULATION : of Community action , to grant the equivalent of 405 tonnes of oats, in the form of 202-5 tonnes of rolled oats, to Caritas under its 1975 /76 food-aid Article 1 programme ; 1 . An invitation to tender shall be issued in respect Whereas pursuant to Article 3 (3) of Council Regula­ of the supply of 202-5 tonnes of rolled oats to Caritas tion (EEC) No 2750/75 the goods may be purchased by way of Community food-aid action. anywhere on the Community market ; 2. The tendering procedure shall take place in the Whereas tenders should be invited for the supply of Netherlands in one lot . The product shall be mobi­ the product to the port of shipment in the vicinity of lized on the Community market. The product shall be the vessel, the goods to be set down at the place nomi­ loaded for departure from a Community port. nated by the recipient or its agent ;

Whereas tenders may be submitted by tenderers esta­ 3 . The product referred to in paragraph 1 is to be blished in any Member State of the Community and delivered to the port of shipment in the vicinity of the may relate to products mobilized anywhere within vessel . The goods must be set down at the place nomi­ those Member States ; whereas, in view of the currency nated by the recipient country or its agent, the timing situation in the Member States and in order to ensure of delivery being settled by the tenderer and the recip­ that the tenders are as comparable as possible, account ient country's agent. should be taken of the effect on each tender of the currency situation in the Member States in which the 4 . The successful tenderer shall deliver the customs export formalities will be completed ; products specified in paragraph 1 in sacks of 25 kilo­ grams net according to the conditions laid down in Whereas the award under the invitation to tender the Annex hereto . must be made in favour of the tenderer offering the best terms ; Article 2 Whereas, should force majeure make it impossible to complete the operation in question within the time 1 . The decision on tenders received in response to limits specified , it must be made clear who is to bear the invitation provided for in Article 1 shall be taken the liability for any resulting costs ; on 23 February 1979 . (') OJ No L 281 , 1 . 11 . 1975 , p. 1 . (2) OJ No L 156, 14. 6 . 1978 , p. 1 . 2 . The closing date for submission of tenders shall (3) OJ No L 281 , 1 . 11 . 1975 , p. 89 . be 23 February 1979 at 12 noon .

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3 . The notice of invitation to tender shall be Article 6 published in the Official Journal of the European Communities not less than nine days before the 1 . The tenderer shall give security in an amount of closing date for submission of tenders . 10 units of account per tonne of goods.

It shall be released : Article 3 — in the case of all tenderers whose tenders are 1 . The prices offered must be expressed in the unsuccessful or are not accepted, currency of the Member State in which the invitation to tender was issued . — in the case of the successful tenderer, when the operations concerned have been carried out within 2. Tenders must in particular mention the Member the prescribed time limit and on submission of State in which the tenderer, in the event of his being the original export licence duly granted and declared successful, expects to complete the customs endorsed by the competent authorities of the export formalities for the products concerned . Member State mentioned in the tender pursuant to Article 3 (2), 3 . For the purpose of rendering the tenders compar­ able, the prices shall, where appropriate, be corrected — in the case of the successful tenderer for quantities by the monetary compensatory amount applicable on not supplied by reason of force majeure. the closing date for submission of tenders to exports from the Member State mentioned in the tender 2. The security required under paragraph 1 may be provided in the form of a cash deposit or of a pursuant to paragraph 2. Such correction shall be guarantee issued by a credit institution conforming to made by : criteria laid down by each Member State . — increasing prices which mention a Member State whose currency has depreciated, Article 7 — reducing prices which mention a Member State whose currency has been revalued . 1 . The rolled oats referred to in Article 1 to be The monetary compensatory amount shall, where supplied to Caritas must meet the requirements appropriate, be converted into the currency of the contained in the Annex hereto . Member State in which the invitation to tender is issued using : Oats not meeting these requirements shall be refused . — in the case when the currencies concerned are 2. Tenders for supply to Caritas of the rolled oats kept at any given moment within a band of referred to in Article 1 must relate to a product with 2-25 % , a conversion rate resulting from their the characteristics contained in the Annex hereto . central rate, — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member Article 8 State in which the invitation to tender is issued during a period from the Wednesday of one week 1 . The Dutch intervention agency shall be respon­ to the Tuesday of the following week being the sible for operations relating to the invitation to tender period immediately preceding the closing date for provided for by this Regulation . submission of tenders . 2. It shall forthwith communicate to the Commis­ Article 4 sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, The contract shall be awarded to the tenderer offering together with the name and business name of the successful tenderer . the best terms, taking into consideration the adjust­ ment referred to in Article 3 (3). 3 . Where the customs export formalities for the However, if the tenders submitted do not appear to mobilized product are completed in a Member State reflect normal market prices and costs, the interven­ other than that in which the invitation to tender is tion agency may cancel the invitation to tender. issued, the intervention agency of the latter Member State shall be responsible for the operations following Article 5 tendering including payment to the successful ten­ derer. If the tenderer is unable to deliver the goods in compliance with Article 1 (3) on the date given in the In such case, the intervention agency choosing the notice of invitation to tender as a result of the late successful tenderer shall immediately inform the inter­ availability of the vessels to be used for sea transporta­ vention agency of the Member State concerned and tion, the resulting costs shall be borne by the interven­ shall supply it with the information which it may tion agency. require .

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Furthermore, the amount of the successful tender 5. When the intervention agency responsible for shall be paid after it has been converted using the the operations relating to tendering is not the interven­ average of the spot rates referred to in the second tion agency which appoints the successful tenderer, it subparagraph of Article 3 (3) to the tenderer in the shall send as soon as possible to the latter the informa­ currency of the Member State in which the operations tion necessary for releasing the security. relating to the tendering are completed. Article 9 4. The intervention agency shall request the successful tenderer to supply the following informa­ On delivery of the goods at the port of shipment, a tion : handing-over certificate shall be supplied to the (a) after each shipment a certificate showing the quan­ successful tenderer, acting as agent for the Commu­ tities dispatched and the quality of the products ; nity, by the agent of the recipient country or, in the absence of the latter, by the intervention agency of the (b) the date of the departure of the vessels, the ex­ Member State in whose territory the port of shipment pected date of arrival of the products at their desti­ is situated . nation ; (c) all possible contingencies which might occur Article 10 during transportation of the products.

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 Communities. diately upon receipt.

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

Done at Brussels, 9 February 1979 . For the Commission Finn GUNDELACH Vice-President

No L 36 / 8 10 . 2 . 79 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/ 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 Tonnage fas Loading period Inscription on the sacks

Flocons d' avoine / Don de la Communaute économique euro­ 1 202-5 1 to 30 . 3 . 1979 péenne / Action de Caritas / Pour distribution gratuite / Haiti