CELEX: 31992R3599
Language: en
Date: 1992-12-15 00:00:00
Title: Commission Regulation (EEC) No 3599/92 of 11 December 1992 on the supply of white sugar as urgent aid for the people of Albania pursuant to Council Regulation (EEC) No 3106/92

15. 12. 92                              Official Journal of the European Communities                                No L 366/5
                                       COMMISSION REGULATION (EEC) No 3599/92
                                                     of 11 December 1992
                   on the supply of white sugar as urgent aid for the people of Albania pursuant to
                                           Council Regulation (EEC) No 3106/92
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         HAS ADOPTED THIS REGULATION :
 Having regard to the Treaty establishing the European
Economic Community,                                                                           Article 1
                                                                    1 . A tendering procedure is hereby initiated for the
 Having regard to Council Regulation (EEC) No 3106/92              award of contracts for the supply pursuant to Regulation
of 26 October 1992 on urgent action for the supply of              (EEC) No 3106/92 of two lots of 5 000 tonnes of white C
agricultural products to the people of Albania ('), and in          sugar in accordance with the conditions laid down in this
 particular Article 5 thereof,                                      Regulation .
 Having regard to Council Regulation (EEC) No 1676/85              2.     The supply of each of the two lots shall include :
of 11 June 1985 on the value of the unit of account and
 the conversion rates to be applied for the purposes of the        (a) the mobilization of white C sugar produced in the
common agricultural policy (2), as last amended by Regu­                Community within the meaning of the sixth subpara­
 lation (EEC) No 2205/90 (3), and in particular Article 5 (3)           graph of point (c) of Article 24 ( la) of Council Regula­
 thereof,                                                               tion (EEC) No 1785/81 (6).
                                                                        The sugar to be supplied must satisfy the quality and
                                                                        characteristic requirements laid down in Annex I. The
Whereas Regulation (EEC) No 3106/92 provides for                        product must be packed and labelled in accordance
urgent action for the free supply of agricultural products              with the instructions in that Annex ;
 intended for the people of Albania ; whereas the Albanian
 authorities have also requested the supply of white sugar ;       (b) transport to the port of Durres at the expense of the
whereas this request should be granted ; whereas pursuant               successful tenderer, by 7 February 1993 at the latest.
 to Article 2 of that Regulation suppliers are to be chosen             Delivery shall include unloading and placement at the
 by tendering procedure ;                                               entry of the storehouse at destination.
Whereas it is necessary to determine the conditions for                 Where the last subparagraph of Article 2 (2) applies,
 participating in the tendering procedure for the award of              transport must be effected by 14 February 1993 at the
                                                                        latest.
supply contracts and the obligations of the successful
tenderers :
                                                                   Tenderers shall take out at their own expense the appro­
                                                                   priate insurance to cover the goods up to the delivery
Whereas, as regards the securities to be lodged by                 stage fixed.
suppliers, Commission Regulation (EEC) No 2220/85 of
22 July 1985 laying down common detailed rules for the
application of the system of securities for agricultural
products (4), as last amended by Regulation (EEC)                                             Article 2
No 3745/89 0, should apply ;
                                                                    1 . Tenders shall be transmitted by written telecommu­
                                                                   nication to the intervention agency of the Member State
Whereas the goods delivered do not qualify for export              in which the goods are packed and stored prior to ship­
refunds and are not subject to compensatory amounts ;              ment.
Whereas the appropriate communications to ensure the               2. Tenders must be lodged in their entirety before
optimal monitoring of operations until the taking over at           12.00 noon (Brussels time) on 7 January 1993.
destination should be provided for,
                                                                   Where no award is made under Article 5 (1 ), tenders must
(») OJ  No  L 312,  29. 10. 1992, p. 2.                            be lodged for a second submission before 12.00 noon
(2) OJ  No  L 164,  24. 6. 1985, p. 1 .                            (Brussels time) on 14 January 1993.
(3) OJ  No  L 201 , 31 . 7. 1990, p. 9.
(4) OJ  No  L 205,  3. 8 . 1985, p. 5.
(4 OJ No L 364, 14. 12. 1989, p. 54.                               (<) OJ No L 177, 1 . 7. 1981 , p. 4.
 ---pagebreak--- No L 366/6                             Official Journal of the European Communities                                   15. 12. 92
                          Article 3                                                           Article 5
1.     Tenders shall be valid only if they :                      1.     On the basis of the tenders received :
(a) indicate the precise reference to this Regulation ;          — the delivery shall be awarded to the tenderers) whose
                                                                      tenders) quote the lowest amounts ; in the event of
(b) indicate the name and address and in particular the               equal quotes, awards will be made by drawing lots,
    telex/telefax number of a tenderer established in the
    Community ;                                                  — or, where necessary, no award shall be made, in par­
                                                                      ticular where the tenders submitted exceed the prices
(c) cover an entire lot (net weight);                                 normally obtaining on the market.
(d) indicate the total amount of the tender, expressed in         2.     Within seven working days following the closing
    ecus per tonne of goods. In addition, the amount shall        date for submission of tenders, the Commission shall
    be broken down to show separately the price offered           inform each Member State of the tenders which have
     for the manufacture and packaging of the goods, and          been accepted and of the awards which have not been
     the transport and other costs (including insurance)          made.
     from the storehouse to the delivery stage referred to at
    Article 1 (2) (b) ;
                                                                  3. Within 10 working days following the closing date
(e) indicate, for transport by sea, the port of shipment in       for submission of tenders, the agency referred to in
     the Community ;                                              Article 2 ( 1 ) shall inform all tenderers by written telecom­
                                                                  munication of the outcome of the tendering procedure.
                                                                  Where an award is made, the successful tenderer shall be
(f) indicate the exact address of the packaging plant and
     storehouse at which the goods are kept prior to              informed thereof immediately by written telecommunica­
                                                                  tion .
     dispatch ;
(g) are accompanied by proof that the tenderer has lodged
     a tendering security of ECU 20 per tonne in the name                                     Article 6
     of the intervention agency in accordance with Title III
     of Regulation (EEC) No 2220/85. This proof shall be
     furnished by means of a document issued by the               The tendering security provided for in Article 3 ( 1 ) (g)
    guarantor.                                                    shall be released without delay :
                                                                  — if a tender is not accepted or if no award is made,
 2.    A tender which is not presented in accordance with
this Article or which contains conditions other than those            to the successful tenderer when proof is provided of
laid down in this Regulation shall not be valid.                      the lodging of the delivery security in accordance with
                                                                      Article 7.
3.     No tender may be changed or withdrawn .
                                                                                              Article 7
                          Article 4
                                                                  Within five working days of being notified of the award
                                                                  of the delivery contract, the successful tenderer shall
The competent agencies referred to in Article 2 shall             provide the agency indicated in Article 2 with proof that a
transmit to the Commission, by written telecommunica­             delivery security amounting to 10 % of the tender
tion (telefax 2963305), not later than 24 hours following         amount, in accordance with Title III of Regulation (EEC)
the closing date fixed for the submission of tenders for          No 2220/85, has been lodged in its name. The proof shall
each of the two lots, the following information :                 be furnished by means of a document issued by the
                                                                  guarantor.
(a) the number of tenders submitted within the deadline
     referred to in Article 2 and in accordance with
    Article 3 ;
                                                                                              Article 8
(b) separately and clearly for each tender :
    — the total ecu price offered, and the breakdown              1 . The successful tenderer shall present the application
         provided for in Article 3 ( 1 ) (d),                     for payment of the delivery to the intervention agency
                                                                  referred to in Article 2.
    — the places of packing and storage prior to dispatch,
                                                                  The application shall be accompanied by :
    — the business name of the tenderer established in
         the Community.                                           — the export certificate referred to in Article 12,
 ---pagebreak---  15. 12. 92                           Official Journal of the European Communities                               No L 366/7
 — the customs declarations of exportation,                      2. Proof of fulfilment of the obligations relating to the
                                                                 supply shall be given to the agency concerned by pre­
 — the transport documents,                                      senting the documents referred to in Article 8 .
 — the T 5s, if necessary,
                                                                 3 . In the event of particular difficulties, the Commis­
 — the original of the take-over certificate drawn up in         sion shall take the appropriate measures.
     accordance with the specimen in Annex II and issued
     by the beneficiary or his representative (Agro Export,
     Ministry of External Trade, Tirana).                                                  Article 11
 Where the certificate is not issued by the beneficiary, the     1 . Except in cases of force majeure, the successful
 Commission shall designate the agency competent to              tenderer shall bear all risks which the goods may incur, in
 issue the certificate in accordance with the specimen           particular loss or deterioration as far as the supply stage
 referred to above .                                             laid down .
 2. The payment shall be made for the quantity of                2. In cases of force majeure, the successful tenderer
goods (net weight) recorded at the take-over and                shall be freed from all or part of his obligations. In such
 confirmed in the document of conformity provided for in        cases, the competent agency responsible for payment shall
Article 9 (2).                                                  take the appropriate measures after consulting the
                                                                Commission.
                          Article 9
                                                                                           Article 12
 1 . The goods shall be inspected by the intervention
agency of the Member State in which packing and storage         Without prejudice to Article 3 (1 ) of Regulation (EEC)
are carried out before the consignment indicated by the         No 2630/81 (') box 20 (special conditions) of licence ap­
successful tenderer in his offer. The inspection shall          plications and export licences for C sugar shall indicate :
concern the quantity, the quality, packaging and labelling      'Urgent aid — Regulation (EEC) No 3599/92. Export
of the supply.                                                  refunds and monetary compensatory amounts are not
                                                                applicable'.
Following inspection, the agency shall issue a certificate
of conformity.
                                                                                           Article 13
2. An inspection of conformity of the supply as regards
quantity, quality, packaging and labelling shall be carried     The conversion rates to be used for payment of tenders
out in the country of destination by an agency or a             and for the tendering and delivery securities shall be the
control firm designated by the agency mentioned in para­        agricultural conversion rates in force on the closing date
graph 1 in agreement with the successful tenderer. A            for submission of tenders.
certificate of conformity shall be issued following the
inspection and transmitted directly to the intervention
agency.
                                                                                           Article 14
3. The agencies or control firms responsible for the
                                                                1.     Member States shall communicate to the Commis­
inspections shall take separate representative samples, to
be retained for the Commission, before loading in the           sion all information concerning the carrying out of a de­
Community as well as at the place of destination.               livery, in particular the results of the inspections referred
                                                                to in Article 9, actual delivery schedules and any incidents
4. The costs relating to the inspections as well as the         occurring during delivery.
cost of samples shall be borne by the successful tenderer.
                                                                2. The Commission shall communicate in good time
                                                                to the competent agencies of the Member States all the
                         Article 10
                                                                information necessary to facilitate the proper execution of
                                                                deliveries.
1 . For the purposes of releasing the delivery security,
the primary requirement within the meaning of
                                                                                           Article 15
Article 20 of Regulation (EEC) No 2220/85 shall be
completion of the delivery in accordance with the condi­
tions laid down.                                                This Regulation shall enter into force on the day
                                                                following its publication in the Official Journal of the
The quantity delivered shall be considered satisfactory         European Communities.
where the net weight when taken over by the beneficiary
is not more than 1 % less than the quantity awarded.            (') OJ No L 258, 11 . 9. 1981 , p. 16.
 ---pagebreak--- No L 366/8                             Official Journal of the European Communities                                          15. 12. 92
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 11 December 1992.
                                                                                  For the Commission
                                                                                   Ray MAC SHARRY
                                                                              Member of the Commission
                                                            ANNEX I
           1 . Characteristics and quality of the goods : white sugar of category 2 standard quality (Council Regula­
               tion (EEC) No 793/72 (OJ No L 94, 21 . 4. 1972, p. 1 .)) meeting the requirements set out in Article 3 (3) of
               Commission Regulation (EEC) No 2103/77 (OJ No L 246, 27. 9. 1977, p. 12.).
               The rule provided at the second indent of Article 18 (2) (a) of Regulation (EEC) No 2103/77 is binding for
               determination of the sugar category.
           2. Packaging and marking : new jute bags, with inner polythene bag at least 0.05 mm thick, minimum
               weight of jute and polythene 420 g, net capacity 50 kilograms.
               Marking : the European flag (see OJ No C 114, 29. 4. 1991 , p. 1 , Annexes I and II).
           3. Since the goods may be rebagged, the successful tenderer must provide 2 % of empty bags of the same
               quality as those containing the goods, with the marking followed by a capital 'R\
 ---pagebreak--- 15. 12. 92                         Official Journal of the European Communities                                     No L 366/9
                                                        ANNEX II
                                             TAKE-OVER CERTIFICATE
           I, the undersigned :
                                               (surname, name, business name)
           acting for                                                                            for the account of
                                                                     hereby certify that the goods described below,
           delivered pursuant to Commission Regulation (EEC) No 3599/92 have been taken over :
           — Date and place of take-over :
           — Type of goods :
           — Tonnage (net) weight taken over :
           — Packaging :
           Observations :
                                                              Signature :
                                                              Date :