CELEX: 31993R0557
Language: en
Date: 1993-03-11
Title: Commission Regulation (EEC) No 557/93 of 10 March 1993 opening a standing invitation to tender for the supply to Estonia of 15000 tonnes of bread-making common wheat held by the Danish intervention agency

No L 58/46                                 Official Journal of the European Communities                                   11 . 3 . 93
                                          COMMISSION REGULATION (EEC) No 557/93
                                                          of 10 March 1993
                     opening a standing invitation to tender for the supply to Estonia of 15 000 tonnes
                        of bread-making common wheat held by the Danish intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                            HAS ADOPTED THIS REGULATION :
 Having regard to the Treaty establishing the European                                           Article 1
 Economic Community,
                                                                      On the terms laid down in Regulation (EEC) No 2388/92,
 Having regard to Council Regulation (EEC) No 2335/92                 the Danish intervention agency shall open a standing
 of 7 August 1992 on an emergency measure to supply                   invitation to tender for the supply to Estonia of bread­
 food products to the populations of Estonia, Latvia and               making common wheat held by the said agency.
 Lithuania ('),
                                                                                                 Article 2
 Having regard to Council Regulation (EEC) No 2727/75
 of 29 October 1975 on the common organization of the                  1.   The invitation to tender shall cover 1 5 000 tonnes of
 market in cereals (2), as last amended by Regulation (EEC)           bread-making common wheat in bulk to be supplied cif
 No 1738/92 (3), and in particular Article 7 (6) thereof,             (ex-ship), to the Estonian port of Tallinn.
                                                                      2. The regions in which the 1 5 000 tonnes of bread­
Whereas Commission Regulation (EEC) No 2388/92 (4),                   making common wheat are stored are stated in Annex I
 provides that contracts for the supply of cereals under              to this Regulation.
 Regulation (EEC) No 2335/92 are to be allocated by
 invitation to tender ;
                                                                                                Article 3
Whereas Commission Regulation (EEC) No 1 570/77 (^                     1 . Tenders may relate only to the entire lot of 1 5 000
as last amended by Regulation (EEC) No 606/92 (6), lays               tonnes specified in the notice of invitation to tender
down in particular quality criteria for bread-making                  provided for in Article 14 of Regulation (EEC) No
 common wheat accepted for intervention ;                             2388/92 in accordance with the delivery specifications in
                                                                      Annex IV hereto.
Whereas a standing invitation to tender should be opened
for the supply of an instalment of bread-making common                2. Notwithstanding Article 11 (3) of Regulation (EEC)
wheat held by the Danish intervention agency ;                        No 2388/92 when delivery delays occur, for each day of
                                                                      delay 0,05 % of the security specified in Article 8 of that
                                                                      Regulation shall be forfeit in respect of the quantities
Whereas experience has shown the need to be sure that                 delivered late. If such delays exceed a period of five days,
the scheduling of deliveries is respected ; that therefore an         the percentage forfeit shall amount to 0,1 % for each day
amount should be deducted from the performance                        of delay.
guarantee in certain cases of delayed deliveries ;
                                                                      3 . The part of the security, referred to in Article 8 of
                                                                      Regulation (EEC) No 2388/92, corresponding to any
Whereas staggered delivery of lots imposes additional                 additional costs incurred by the Community, pursuant to
burdens on the recipients and is a hindrance as regards               Article 9 (2) of that Regulation or to the corresponding
other deliveries ; whereas a specific penalty of ECU 2 per            Articles relating to the other sectors, shall also be forfeit.
tonne should be imposed, without prejudice to the
provisions on security of Article 8 of Regulation (EEC)               4. The provisions of the preceding paragraphs shall
No 2388/92 ;                                                          apply where delivery delay is attributable to the operator
Whereas the measures provided for in this Regulation are                                        Article 4
in accordance with the opinion of the Management
Committee for Cereals,                                                1.    The time limit for the submission of tenders in
                                                                      response to the first partial invitation to tender shall be
0   OJ  No  L   227,  11 . 8. 1992, p. 2.                             11 a.m., Brussels time, on 18 March 1993.
0   OJ  No  L   281 , 1 . 11 . 1975, p. 1 .
0   OJ  No  L   180,  1 . 7. 1992, p. 1 .                             2.   The time limit for the submission of tenders in
(4) OJ  No  L   233,  15. 8. 1992, p. 6.
O OJ    No  L   174, 14. 7. 1977, p. 18 .                             response to the last partial invitation to tender shall be
¥) OJ No L 65, 11 . 3. 1992, p. 25.                                   11a. m., Brussels time, on 1 April 1993.
 ---pagebreak--- 11 . 3 . 93                             Official Journal of the European Communities                           No L 58/47
3. Notwithstanding Article 14 of Commission                       2. The successful tenderer shall regularly inform the
Regulation (EEC) No 2388/92, the intervention agency              Estonian authorities, the intervention agency holding the
concerned shall publish an invitation to tender at least          products involved and the Commission of the progress of
three days before the date laid down for the first partial        the supply operation as far as the takeover stage.
invitation to tender.
                           Article 5                                                       Article 8
Tenders must be submitted to the Danish intervention
agency.                                                           The Member States concerned shall take all appropriate
                                                                  measures to ensure that no refund is applied within the
The Danish intervention agency shall forward tenders to           framework of the supply, in particular by specifying this
the Commission in accordance with the model in Annex              on the export licence.
II hereto.
                           Article 6                                                       Article 9
The taking-over certificate referred to in Article 9 (3) of
Regulation (EEC) No 2388/92 shall take the form shown             For the purposes of entering EAGGF expenditure in the
in Annex III.                                                     accounts, the book value of the product referred to in
                                                                  Article 1 is hereby fixed at ECU 52 per tonne.
Certificates shall be issued after unloading of the goods.
                          Article 7
                                                                                          Article 10
1 . The successful tenderer shall undertake to provide
the Estonian authorities with the documents required for          This Regulation shall enter into force on the day of its
supply purposes as specified in the notice of invitation to       publication in the Official Journal of the European
tender drawn up by the Danish intervention agency.                Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 10 March 1993.
                                                                           For the Commission
                                                                             René STEICHEN
                                                                       Member of the Commission
 ---pagebreak--- No L 58 /48                        Official Journal of the European Communities                      11 . 3 . 93
                                                         ANNEX I
                                                                                   (tonnes)
                                       Place of storage                   Quantity
                             Sjaelland                                    15 000
                                                         ANNEX II
            Standing invitation to tender (or the supply to Estonia o( 15 000 tonnes o( bread-making
                                    wheat held by die Danish intervention agency
                                               (Regulation (EEC) No 557/93)
                       Tenderer                                                        Supply cost
                       number                           Quantity (tonnes)              applied for
                                                                                      (ECU/tonne)
                          -1                                    2                           3
                           1
                          2
                          3
                          4
                         etc .
 ---pagebreak--- 11 . 3 . 93                              Official Journal of the European Communities                                      No L 58/49
                                                              ANNEX III
                                                          SUPPLY BY SEA
                                                   TAKING-OVER CERTIFICATE
            I, the undersigned :
                                                           (surname and first name, or business name)
            acting on behalf of the Estonian Government, hereby certify that the goods mentioned below have been
            taken over :
            — Name of vessel :                                   ,
            — Place and date of taking-over :
            — Product :
            — Tonnage taken over :
            Remarks or reservations :
                                                               ANNEX IV
                                                        Delivery specifications
            Delivery in bulk, cif (ex-ship) to the Estonian port of Tallinn.
            One lot of 15 000 tonnes which, at the successful tenderer's choice may be :
            — either one shipment of 15 000 tonnes : to arrive between 3 and 5 May 1993,
            — or a maximum of two shipments :
                — 7 500 tonnes : to arrive between 3 and 5 May 1993,
                — 7 500 tonnes : to arrive between 10 and 12 May 1993.
            An individual lot must be delivered as a single consignment at the port of destination. If this requirement is
            not met the intervention agency of the Member State concerned shall impose a penalty of ECU 2 per tonne.
            The deliveries may take place before the date laid down on the initiative of the successful tenderer and under
            his responsibility if the necessary conditions are met for unloading and removal in the port of Tallinn.