31979R2473
10 . 11 . 79 Official Journal of the European Communities No L 281 / 9
COMMISSION REGULATION ( EEC) No 2473/ 79 of 9 November 1979 opening an invitation to tender for the mobilization of rolled oats as food aid for the Catholic Relief Services
THE COMMISSION OF THE EUROPEAN Whereas should force majeure make it impossible to COMMUNITIES, complete the operation in question within the time limits specified, it must be made clear who is to bear Having regard to the Treaty establishing the European the liability for any resulting costs ; Economic Community, Having regard to Council Regulation (EEC) No Whereas provision should be made for security to be 2727/75 of 29 October 1975 on the common organiza given to guarantee fulfilment of the obligations arising tion of the market in cereals ('), as last amended by by virtue of participation in the invitation to tender ; Regulation ( EEC) No 1 547/79 (2), Having regard to Council Regulation (EEC) No Whereas the Dutch intervention agency should be 2750/75 of 29 October 1975 laying down the condi made responsible for organizing the invitation to tions for the mobilization of cereals as food aid (3 ), and tender ; in particular Article 6 thereof, Having regard to Council Regulation No 129 on the Whereas it is important that the Commission be value of the unit of account and the exchange rates to informed without delay of the tenders submitted in be applied for the purposes of the common agricul response to the invitation and of those accepted by tural policy (4), as last amended by Regulation ( EEC) the intervention agency ; No 2543/ 73 (5 ), and in particular Article 3 thereof, Having regard to the opinion of the Monetary Whereas the measures provided for in this Regulation Committee, are in accordance with the opinion of the Manage ment Committee for Cereals , Whereas on 8 May 1979 the Council of the European Communities declared that it proposed, by way of Community action , to grant the equivalent of 500 tonnes of oats, in the form of 250 tonnes of rolled oats, to the Catholic Relief Services under its 1978 / 79 HAS ADOPTED THIS REGULATION : food-aid programme ; Whereas pursuant to Article 3 (3) of Council Regula tion ( EEC) No 2750/75 the goods may be purchased Article 1 anywhere on the Community market ; Whereas tenders should be invited for the supply of 1 . An invitation to tender shall be issued in respect the product to the port of shipment in the vicinity of of the supply of 250 tonnes of rolled oats to the the vessel , the goods to be set down at the place nomi Catholic Relief Services by way of Community food nated by the recipient or its agent ; aid action . Whereas tenders may be submitted by tenderers esta blished in any Member State of the Community and 2 . The tendering procedure shall take place in the may relate to products mobilized anywhere within Netherlands in one lot . The product shall be mobi those Member States ; whereas, in view of the currency lized on the Community market . The product shall be situation in the Member States and in order to ensure loaded for departure from a Community port . that the tenders are as comparable as possible, account should be taken of the effect on each tender of the 3 . The product referred to in paragraph 1 is to be currency situation in the Member States in which the delivered to the port of shipment in the vicinity of the customs export formalities will be completed ; vessel . The goods must be set down at the place nomi Whereas the award under the invitation to tender nated by the recipient country or its agent , the timing must be made in favour of the tenderer offering the of delivery being settled by the tenderer and the recip best terms ; ient country's agent.
(•) OJ No L 281 , 1 . 11 . 1975, p. 1 . 4 . The successful tenderer shall deliver the (2) OJ No L 188 , 26. 7. 1979, p . 1 . products specified in paragraph 1 in sacks of 25 kilo (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . (4) OJ No 106, 30. 10. 1962, p . 2553/62. grams net according to the conditions laid down in (5) OJ No L 263, 19 . 9 . 1973, p. 1 . the Annex hereto .
No L 281 / 10 Official Journal of the European Communities 10 . 11 . 79
Article2¶
1 . The decision on tenders received in response to If the tenderer is unable to deliver the goods in the invitation provided for in Article 1 shall be taken compliance with Article 1 (3) on the date given in the on 23 November 1979 . notice of invitation to tender as a result of the late availability of the vessels to be used for sea transporta 2. The closing date for submission of tenders shall tion the resulting costs shall be borne by the interven be 23 November 1979 at 12 noon . tion agency. 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. 12 ECU 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 — in the case of the successful tenderer, when the to tender was issued . operations concerned have been carried out within 2. Tenders must in particular mention the Member the prescribed time limit and on submission of the original export licence duly granted and State in which the tenderer, in the event of his being endorsed by the competent authorities of the declared successful, expects to complete the customs Member State mentioned in the tender pursuant export formalities for the products concerned . to Article 3 ( 2), 3 . For the purpose of rendering the tenders compar — in the case of the successful tenderer for quantities able, the prices shall, where appropriate, be corrected not supplied by reason of force majeure. by the monetary compensatory amount applicable on the closing date for submission of tenders to exports 2. The security required under paragraph 1 may be from the Member State mentioned in the tender 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 Article 7 whose currency has depreciated, — reducing prices which mention a Member State 1 . The rolled oats referred to in Article 1 to be whose currency has been revalued . supplied to the Catholic Relief Services must meet the requirements contained in the Annex hereto. The monetary compensatory amount shall, where appropriate, be converted into the currency of the Oats not meeting these requirements shall be refused . Member State in which the invitation to tender is 2 . Tenders for supply to the Catholic Relief issued using : Services of the rolled oats referred to in Article 1 must — in the case when the currencies concerned are relate to a product with the characteristics contained kept at any given moment within a band of in the Annex hereto . 2-25 % , a conversion rate resulting from their central rate, Article 8 — in the other cases, the average of the spot ratfes of the currencies concerned recorded in the Member 1 . The Dutch intervention agency shall be respon State in which the invitation to tender is issued sible for operations relating to the invitation to tender provided for by this Regulation . during a period from the Wednesday of one week to the Tuesday of the following week being the 2 . It shall forthwith communicate to the Commis period immediately preceding the closing date for sion the list of firms which have responded to the invi submission of tenders . tation to tender, specifying the terms of each tender, together with the name and business name of the Article 4 successful tenderer.
The contract shall be awarded to the tenderer offering 3 . Where the customs export formalities for the the best terms, taking into consideration the adjust mobilized product are completed in a Member State other than that in which the invitation to tender is ment referred to in Article 3 (3). issued, the intervention agency of the latter Member However, if the tenders submitted do not appear to State shall be responsible for the operations following reflect normal market prices and costs, the interven tendering including payment to the successful tion' agency may cancel the invitation to tender. tenderer.
4
10 . 11 . 79 Official Journal of the European Communities No L 281 / 11
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 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 Article 9 currency of the Member State in which the operations relating to the tendering are completed. On delivery of the goods at the port of shipment, a handing-over certificate shall be supplied to the 4. The intervention agency shall request the successful tenderer, acting as agent for the Commu successful tenderer to supply the following informa tion : nity, by the agent of the recipient country or, in the absence of the latter, by the intervention agency of the (a) after each shipment a certificate showing the quan Member State in whose territory the port of shipment tities dispatched and the quality of the products ; is situated . (b) the date of the departure of the vessels, the Article 10 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, 9 November 1979 .
For the Commission Finn GUNDELACH Vice-President
No L 281 / 12 Official Journal of the European Communities 10 . 11 . 79
ANNEX
SPECIFICATIONS
Production of quick-cooking oat flakes : Raiv 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 010% 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 Communauté économique euro 1 250 1 to 30 . 12 . 1979 péenne / Pour distribution grat uite en Haïti / Cathwell / Port au-Prince