31979R1780

11 . 8 . 79 Official Journal of the European Communities No L 203 / 31

COMMISSION REGULATION ( EEC) No 1780/ 79 of 10 August 1979 opening an invitation to tender for the mobilization of rolled oats as food aid for the International Committee of the Red Cross

THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES , given to guarantee fulfilment of 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 Having regard to Council Regulation (EEC) No made responsible for organizing the invitation to 2727/75 of 29 October 1975 on the common organiza­ tender ; tion of the market in cereals ('), as last amended by Regulation (EEC) No 1547/ 79(2), Whereas it is important that the Commission be informed without delay of the tenders submitted in Having regard to Council Regulation (EEC) No response to the invitation and of those accepted by 2750/75 of 29 October 1975 laying down the condi­ the intervention agency ; tions for the mobilization of cereals as food aid (3), and in particular Article 6 thereof, Whereas the measures provided for in this Regulation Having regard to Council Regulation No 129 on the are in accordance with the opinion of the Manage­ value of the unit of account and the exchange rates to ment Committee for Cereals, be applied for the purposes of the common agricul­ tural policy (4), as last amended by Regulation (EEC) No 2543/73 (5), and in particular Article 3 thereof,

Having regard to the opinion of the Monetary HAS ADOPTED THIS REGULATION : Committee,

Whereas on 8 May 1979 the Council of the European Communities declared that it proposed, by way of Article 1 Community action , to grant the equivalent of 200 tonnes of oats in the form of 100 tonnes of rolled oats to the International Committee of the Red Cross 1 . An invitation to tender shall be issued in respect under its 1978 /79 food-aid programme ; of the supply of 100 tonnes of rolled oats to the Inter­ national Committee of the Red Cross by way of Whereas pursuant to Article 3 (3) of Council Regula­ Community food-aid action . tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ; 2. The tendering procedure shall take place in the Whereas the proposed invitation to tender should be Netherlands in one lot. The product shall be mobi­ for supply of the products to the dock or in the lized on the Community market. The product shall be lighter where applicable at the port of unloading ; loaded for departure from a Community port.

Whereas tenders may be submitted by tenderers esta­ 3 . The invitation to tender provided for in para­ blished in any Member State of the Community and may relate to products mobilized anywhere within graph 1 is for supply of products to the dock, or in those Member States ; whereas, in view of the currency the lighter where applicable, in the port of Corinto or Puerto Somoza . situation in the Member States and in order to ensure that the tenders are as comparable as possible , account should be taken of the effect on each tender of the 4. The successful tenderer shall deliver the currency situation in the Member States in which the products specified in paragraph 1 in sacks of 25 kilo­ customs export formalities will be completed ; grams net according to the conditions laid down in the Annex hereto . Whereas the award under the invitation to tender must be made in favour of the tenderer offering the best terms : On the sacks shall be printed a red cross, 10 x 10 cm , as well as the following : («) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 188 , 26. 7. 1979, p. 1 . NI- 12 / Copas de avena / Donacion de la Comunidad (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . («) OJ No 106, 30 . 10 . 1962, p . 2553/62. econòmica europea / Acción del comité internacional (s) OJ No L 263, 19 . 9 . 1973, p. 1 . de la Cruz Roja / Destinado a la distribución gratuita.'

No L 203 / 32 11 . 8 . 79 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 12 ECU per tonne of goods. on 24 August 1979 . It shall be released : 2. The closing date for submission of tenders shall — in the case of all tenderers whose tenders are be 24 August 1979 at 12 noon . unsuccessful or are not accepted, — in the case of the successful tenderer, when the 3 . The notice of invitation to tender shall be operations concerned have been carried out within published in the Official Journal of the European the prescribed time limit and on submission of Communities not less than nine days before the the original export licence duly granted and closing date for submission of tenders. endorsed by the competent authorities of the Member State mentioned in the tender pursuant Article 3 to Article 3 (2), — in the case of the successful tenderer for quantities 1 . The prices offered must be expressed in the not supplied by reason of force majeure. currency of the Member State in which the invitation to tender was issued . 2. The security required under paragraph 1 may be provided in the form of a cash deposit or of a 2. Tenders must in particular mention the Member guarantee issued by a credit institution conforming to State in which the tenderer, in the event of his being criteria laid down by each Member State . declared successful , expects to complete the customs export formalities for the products concerned . Article 6 3 . For the purpose of rendering the tenders compar­ 1 . The rolled oats referred to in Article 1 must able the prices shall , where appropriate, be corrected meet the requirements contained in the Annex by the monetary compensatory amount applicable on hereto . the closing date for submission of tenders to exports from the Member State mentioned in the tender Oats not meeting these requirements shall be refused. pursuant to paragraph 2. Such correction shall be made by : 2. Tenders for supply of the rolled oats referred to in Article 1 must relate to a product with the charac­ — increasing prices which mention a Member State teristics contained in the Annex hereto . whose currency has depreciated , — reducing prices which mention a Member State Article 7 whose currency has been revalued . 1 . The Dutch intervention agency shall be respon­ The monetary compensatory amount shall, where sible for operations relating to the invitation to tender appropriate, be converted into the currency of the provided for by this Regulation . Member State in which the invitation to tender is 2 . It shall forthwith communicate to the Commis­ issued using : sion the list of firms which have responded to the invi­ — in the case when the currencies concerned are tation to tender, specifying the terms of each tender, kept at any given moment within a band of together with the name and business name of the 2-25 % , a conversion rate resulting from their successful tenderer . central rate , 3 . Where the customs export formalities for the — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member mobilized products are completed in a Member State other than that in which the invitation to tender is State in which the invitation to tender is issued issued, the intervention agency of the latter Member during a period from the Wednesday of one week State shall be responsible for the operations following to the Tuesday of the following week being the tendering including payment to the successful ten­ period immediately preceding the closing date for derer . submission of tenders . In such case, the intervention agency choosing the Article 4 successful tenderer shall immediately inform the inter­ vention agency of the Member State concerned and The contract shall be awarded to the tenderer offering shall supply it with all the information which it may the best terms, taking into consideration the adjust­ require . ment referred to in Article 3 (3 ). Furthermore , the amount of the successful tender However, if the tenders submitted do not appear to shall be paid after it has been converted using the reflect normal market prices and costs , the interven­ average of the spot rates referred to in the second tion agency may cancel the invitation to tender. subparagraph of Article 3 (3) to the tenderer in the

11 . 8 . 79 Official Journal of the European Communities No L 203 / 33

currency of the Member State in which the operations tion agency which appoints the successful tenderer, it relating to the tendering are completed . shall send as soon as possible to the latter the informa­ tion necessary for releasing the security. 4. The intervention agency shall request the successful tenderer to supply the following informa­ tion : Article 8 (a) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; As regards this tender the intervention agency is auth­ orized to make an initial payment of 80 % of the (b) the date of the departure of the vessels, the value of the quantity given in the bill of lading, on expected date of arrival of the products at their presentation of that document and subject to the destination ; taking of a security for an amount equal to the initial (c) all possible contingencies which might occur payment . during transportation of the products.

The information indicated above shall be forwarded Article 9 by the intervention agency to the Commission imme­ diately upon receipt. This Regulation shall enter into force on the day of its 5. When the intervention agency responsible for publication in the Official Journal of the European the operations relating to tendering is not the interven­ Communities.

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

Done at Brussels, 10 August 1979 .

For the Commission

Finn GUNDELACH Vice-President

No L 203/34 11 . 8 . 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/m2 ; — one interposed bag made of tarred paper of a strength corresponding to a weight of at least 140 g/ m2 ; — 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.