31979R2245

No L 258/ 14 Official Journal of the European Communities 13 . 10 . 79

COMMISSION REGULATION (EEC) No 2245/79 of 12 October 1979 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 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 1 547/79 (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 223 tonnes of oats in the form of 111-5 tonnes of rolled 1 . An invitation to tender shall be issued in respect oats to the League of Red Cross Societies under its of the supply of 111-5 tonnes of rolled oats to the 1978/79 food-aid programme ; League of Red Cross Societies by way of Community food-aid action . Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ; 2. The tendering procedure shall take place in the Netherlands in one lot. The product shall be mobi­ Whereas the proposed invitation to tender should be lized on the Community market. The product shall be for supply of the products on the quay or in the loaded for departure from a Community port. lighter where applicable at the port of unloading ;

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 graph 1 is for supply of products on the quay or in may relate to products mobilized anywhere within the lighter where applicable, in the port of Port-au­ those Member States ; whereas, in view of the currency Prince . situation in the Member States and in order to ensure that the tenders are as comparable as possible, account 4. The successful tenderer shall deliver the should be taken of the effect on each tender of the products specified in paragraph 1 in sacks of 25 kilo­ currency situation in the Member States in which the grams net according to the conditions laid down in customs export formalities will be completed ; the Annex hereto . Whereas the award under the invitation to tender must be made in favour of the tenderer offering the On the sacks shall be printed a red cross, 10 x 10 best terms : cm, as well as the following :

(') OJ No L 281 , 1 . 11 . 1975, p. 1 . ' Flocons d avoine / Don de la Communauté écono­ (2) OJ No L 188 , 26. 7. 1979, p. 1 . mique européenne / Action de la Ligue des sociétés (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . (4) OJ No 106, 30 . 10 . 1962, p. 2553/62. de la Croix-Rouge / À distribuer gratuitement / Port­ 5) OJ No L 263, 19 . 9 . 1973, p. 1 . au-Prince'.

13 . 10 . 79 Official Journal of the European Communities No L 258 / 15

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 26 October 1979 . Article 5 2. The closing date for submission of tenders shall be 26 October 1979 at 12 noon . 1 . The tenderer shall give security in an amount of 12 ECU per tonne of goods. 3 . The notice of invitation to tender shall be It shall be released : published in the Official Journal of the European Communities not less than nine days before the — in the case of all tenderers whose tenders are closing date for submission of tenders. 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 the original export licence duly granted and currency of the Member State in which the invitation endorsed by the competent authorities of the to tender was issued . Member State mentioned in the tender pursuant to Article 3 (2), 2. Tenders must in particular mention the Member — in the case of the successful tenderer for quantities State in which the tenderer, in the event of his being not supplied by reason of force majeure. declared successful, expects to complete the customs export formalities for the products concerned. 2. The security required under paragraph 1 may be provided in the form of a cash deposit or of a 3. For the purpose of rendering the tenders compar­ guarantee issued by a credit institution conforming to able, the prices shall, where appropriate, be corrected criteria laid down by each Member State. by the monetary compensatory amount applicable on the closing date for submission of tenders to exports from the Member State mentioned in the tender Article 6 pursuant to paragraph 2. Such correction shall be made by : 1 . The rolled oats referred to in Article 1 must meet the requirements contained in the Annex — increasing prices which mention a Member State hereto . whose currency has depreciated, — reducing prices which mention a Member State Oats not meeting these requirements shall be refused. whose currency has been revalued . 2. Tenders for supply of the rolled oats referred to The monetary compensatory amount shall, where in Article 1 must relate to a product with the appropriate, be converted into the currency of the characteristics contained in the Annex hereto . 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 the currencies concerned recorded in the Member 2 . It shall forthwith communicate to the Commis­ State in which the invitation to tender is issued sion the list of firms which have responded to the invi­ during a period from the Wednesday of one week tation to tender, specifying the terms of each tender, to the Tuesday of the following week being the together with the name and business name of the period immediately preceding the closing date for successful tenderer. 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 258/ 16 13 . 10 . 79 Official Journal of the European Communities

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 during transportation of the products. Communities.

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

Done at Brussels, 12 October 1979 .

For the Commission Finn GUNDELACH Vice-President

13 . 10 . 79 Official Journal of the European Communities No L 258 / 17

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.