CELEX: 31993R0307
Language: en
Date: 1993-02-12
Title: Commission Regulation (EEC) No 307/93 of 11 February 1993 opening a standing invitation to tender for the supply to Albania of 30 000 tonnes of bread-making common wheat held in the Rouen region by the French intervention agency

12. 2. 93                                Official Journal of the European Communities                                No L 36/21
                                       COMMISSION REGULATION (EEC) No 307/93
                                                      of 11 February 1993
                 opening a standing invitation to tender for the supply to Albania of 30 000
                 tonnes of bread-making common wheat held in die Rouen region by the French
                                                      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 694/92,
Having regard to Council Regulation (EEC) No 3860/91                the French intervention agency shall open a standing
of 23 December 1991 on an emergency measure for the                 invitation to tender for the supply to Albania of bread­
free supply of certain agricultural products to Albania ('),        making common wheat held in the Rouen region by the
                                                                    said agency.
Having regard to Council Regulation (EEC) No 2727/75
of 29 October 1975 on the common organization of the                                          Article 2
market in cereals (2), as last amended by Regulation (EEC)
No 1738 (3), and in particular Article 7 (6) thereof,               The invitation to tender shall cover 30 000 tonnes of
                                                                    bread-making common wheat in bulk to be supplied
                                                                    from the port of Caen-Blainville or Rouen, cif (ex-ship),
Whereas Commission Regulation (EEC) No 694/92 (4)                   to the Albanian port of Durres.
provides that contracts for the supply of cereals under
Regulation (EEC) No 3860/91 are to be allocated by
invitation to tender ;
                                                                                              Article 3
Whereas Commission Regulation (EEC) No 1 570/77 Q,                  1 . Tenders may relate only to the entire lot of 30 000
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 13 of Regulation (EEC) No 694/92,
common wheat accepted for intervention ;                            in accordance with the delivery specifications in Annex
                                                                    III hereto.
Whereas a standing invitation to tender should be opened            2. Notwithstanding Article 11 (3) of Regulation (EEC)
for the supply of an instalment of bread-making common              No 694/92 when delivery delays occur, for each day of
wheat held by the French intervention agency ;                      delay 0,05 % of the security specified in Article 8 of that
                                                                    Regulation shall be forfeit in respect of the quantities
                                                                    delivered late. If such delays exceed a period of five days,
Whereas experience has shown the need to be sure that
                                                                    the percentage forfeit shall amount to 0,1 % for each day
the scheduling of deliveries is respected ; that therefore an       of delay.
amount should be deducted from the performance
guarantee in certain cases of delayed deliveries ;
                                                                    3. The part of the security, referred , to in Article 8 of
                                                                    Regulation (EEC) No 694/92, 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 694/92 ;                                                         apply where delivery delay is attribuable 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
(') OJ  No L 362, 31 . 12. 1991 , p. 85.                            11a. m., Brussels time, on 18 February 1 993.
(2) OJ  No L 281 , 1 . 11 . 1975, p. 1 .
(3) OJ  No L  180, 1 . 7. 1992, p. 1 .                              2.    The time limit for the submission of tenders in
0   OJ  No L 74, 20. 3. 1992, p. 39.
0   OJ  No L  174, 14. 7. 1977, p. 18.                              response to the second and last partial invitation to tender
fo OJ No L 65, 11 . 3. 1992, p. 25.                                 shall be 11 a.m., Brussels time, on 4 March 1993 .
 ---pagebreak--- No L 36/22                              Official Journal of the European Communities                              12. 2. 93
3. Notwithstanding Article 13 of Commission                       2. The successful tenderer shall regularly inform the
Regulation (EEC) No 694/92 the intervention agency                Albanian authorities, the intervention agency holding the
concerned shall publish, at least three days before the date       products involved and the Commission of the progress of
laid down for the first partial invitation to tender, a notice     the supply operation as far as the take-over stage.
of invitation.
                          Article 5                                                        Article 8
Tenders must be submitted to the French intervention
agency.
                                                                  The Member States concerned shall take all appropriate
                                                                   measures to ensure that no refund is applied within the
The French 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.
I hereto.
                           Article 6                                                       Article 9
The taking-over certificate referred to in Article 9 (3) of
Regulation (EEC) No 694/92 shall take the form shown               For the purposes of entering EAGGF expenditure in the
in Annex II.                                                       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 Albanian 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 French intervention agency.                  Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 11 February 1993.
                                                                            For the Commission
                                                                              Rene STEICHEN
                                                                        Member of the Commission
 ---pagebreak--- 12. 2. 93                     Official Journal of the European Communities                         No L 36/23
                                                    ANNEX I
          Standing invitation to tender for the supply to Albania of 30 000 tonnes of bread-making
               common wheat held in the Rouen region by the French intervention agency
                                          (Regulation (EEC) No 307/93)
                     Tenderer                                                    Supply cost
                     number                       Quantity (tonnes)              applied for
                                                                                (ECU/tonne)
                        1                                 2                           3
                        1
                        2
                        3
                        4
                       etc.
                                         /
 ---pagebreak--- No L 36/24                        Official Journal of the European Communities                                      12. 2. 93
                                                         ANNEX II
                                                     SUPPLY BY SEA
                                              TAKING-OVER CERTIFICATE
           I, the undersigned :
                                                          (name, first name, business name)
           acting on behalf of the Albanian 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 III
                                                  Delivery specifications
           Delivery in bulk, cif (ex-ship) to the Albanian port of Durres.
           One lot of 30 000 tonnes in three shipments :
           — 10 000 tonnes : arrival date between 1 and 3 March 1993,
           — 10 000 tonnes : arrival date between 11 and 13 March 1993,
           — 10 000 tonnes : arrival date between 21 and 23 March 1993.
           An individual lot must be delivered as a single consignment at the port of destination. If this require­
           ment 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 dates 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 Durres.
            If no bid has been accepted on 18 February 1993, the above dates should be postponed by seven days.
           The same should apply if no bid has been accepted on 25 February 1993.