31980R1768

8 . 7 . 80 Official Journal of the European Communities No L 173 / 5

COMMISSION REGULATION ( EEC) No 1768/80 of 4 July 1980 opening an invitation to tender (or 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 ( 1 ), 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 tions for the mobilization of cereals as food aid (3), and the intervention agency ; 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 100 tonnes of oats in the form of 50 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 50 tonnes of rolled oats to the Interna­ tional Committee of the Red Cross by way of Commu­ Whereas pursuant to Article 3 (3) of Council Regula­ nity 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 on the quay 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 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 Corinto . those Member States ; whereas, in view of the currency 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 . ' NI-74 / Copas de avena / Donación de la Comunidad (J ) OJ No L 188 , 26. 7 . 1979 , p . 1 . económica europea / Acción del comité internacional (J) OJ No L 281 , 1 . 11 . 1975, p. 89. de la Cruz Roja / Destinado a la distribución gratuita / (*) OJ No 106, 30 . 10. 1962, p. 2553/62. (*) OJ No L 263 , 19. 9. 1973 , p. 1 . Corinto.'

No L 173 / 6 8 . 7 . 80 Official Journal of the European Communities

Article 2 It shall be released : 1 . The decision on tenders received in response to — in the case of all tenderers whose tenders are the invitation provided for in Article 1 shall be taken unsuccessful or are not accepted, on 18 July 1980 . — in the case of the successful tenderer, when the 2. The closing date for submission of tenders shall operations concerned have been carried out within be 18 July 1980 at 12 noon . the prescribed time limit and on submission of the original export licence duly granted and 3 . The notice of invitation to tender shall be endorsed by the competent authorities of the published in the Official Journal of the European Member State mentioned in the tender pursuant Communities not less than nine days before the to Article 3 (2), closing date for submission of tenders. — in the case of the successful tenderer for quantities Article 3 not supplied by reason of force majeure.

1 . The prices offered must be expressed in the 2. The security required under paragraph 1 may be currency of the Member State in which the invitation provided in the form of a cash deposit or of a to tender was issued . guarantee issued by a credit institution conforming to criteria laid down by each Member State . 2. Tenders must in particular mention the Member State in which the tenderer, in the event of his being declared successful, expects to complete the customs Article 6 export formalities for the products concerned. 1 . The rolled oats referred to in Article 1 must 3 . For the purpose of rendering the tenders compar­ meet the requirements contained in the Annex able the prices shall, where appropriate, be corrected hereto. by the monetary compensatory amount applicable on the closing date for submission of tenders to exports Oats not meeting these requirements shall be refused. from the Member State mentioned in the tender pursuant to paragraph 2. Such correction shall be 2. Tenders for supply of the rolled oats referred to made by : in Article 1 must relate to a product with the charac­ teristics contained in the Annex hereto . — 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 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 issued using : 2. It shall forthwith communicate to the Commis­ — in the case when the currencies concerned are sion the list of firms which have responded to the invi­ 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, — in the other cases, the average of the spot rates of 3. Where the customs export formalities for the the currencies concerned recorded in the Member mobilized products are completed in a Member State State in which the invitation to tender is issued other than that in which the invitation to tender is during a period from the Wednesday of one week issued, the intervention agency of the latter Member to the Tuesday of the following week being the State shall be responsible for the operations following period immediately preceding the closing date for tendering including payment to the successful ten­ submission of tenders . derer.

Article 4 In such case, the intervention agency choosing the successful tenderer shall immediately inform the inter­ The contract shall be awarded to the tenderer offering vention agency of the Member State concerned and the best terms, taking into consideration the adjust­ shall supply it with all the information which it may ment referred to in Article 3 (3). require . However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ Furthermore, the amount of the successful tender tion agency may cancel the invitation to tender. shall be paid after it has been converted using the average of the spot rates referred to in the second Article 5 subparagraph of Article 3 (3) to the tenderer in the 1 . The tenderer shall give security in an amount of currency of the Member State in which the operations 12 ECU per tonne of goods. relating to the tendering are completed .

8 . 7 . 80 No L 173 / 7 Official Journal of the European Communities

4. The intervention agency shall request the tion agency which appoints the successful tenderer, it successful tenderer to supply the following informa­ shall send as soon as possible to the latter the informa­ tion : tion necessary for releasing the security. (a) after each shipment a certificate showing the quan­ Article 8 tities dispatched and the quality of the products ; (b) the date of the departure of the vessels, the As regards this tender the intervention agency is auth­ expected date of arrival of the products at their orized to make an initial payment of 80 % of the destination ; value of the quantity given in the bill of lading, on presentation of that document and subject to the (c) all possible contingencies which might occur taking of a security for an amount equal to the initial during transportation of the products. payment . 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 Communities. the operations relating to tendering is not the interven­

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

Done at Brussels, 4 July 1980 . For the Commission

Finn GUNDELACH Vice-President

No L 173/8 Official Journal of the European Communities 8 . 7 . 80

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 possiblity 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.