CELEX: 31992R3745
Language: en
Date: 1992-12-24 00:00:00
Title: Commission Regulation (EEC) No 3745/92 of 23 December 1992 opening a standing invitation to tender in Belgium, Germany, Spain, Greece, France and Italy for the free supply of common wheat flour to Albania

24. 12. 92                                Official Journal of the European Communities                           No L 380/33
                                        COMMISSION REGULATION (EEC) No 3745/92
                                                      of 23 December 1992
                  opening a standing invitation to tender in Belgium, Germany, Spain, Greece,
                       France and Italy for the free supply of common wheat flour to Albania
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         Whereas the measures provided for in this Regulation are
                                                                     in accordance with the opinion of the Mangement
 Having regard to the Treaty establishing the European               Committee for Cereals,
 Economic Community,
 Having regard to Council Regulation (EEC) No 1567/92                HAS ADOPTED THIS REGULATION :
 of 15 June 1992 on a second emergency measure to
supply food products to the population of Albania ('), and                                   Article 1
 in particular Article 3 thereof,
                                                                     Under the conditions laid down in Regulation (EEC)
 Having regard to Council Regulation (EEC) No 2727/75                No 1616/92, the Belgian, German, Spanish, French,
of 29 October 1975 on the common organization of the                Greek and Italian intervention agencies shall open a stan­
market in cereals (2), as last amended by Regulation (EEC)          ding invitation to tender for the supply of 22 000 tonnes
No 1738/92 (3), and in particular Article 7 (6) thereof,            of common wheat four as set out in Annex I and in
                                                                    accordance with the provisions of this Regulation.
Whereas Commission Regulation (EEC) No 1616/92 of
24 June 1992 laying down detailed rules applicable to the           Germany shall open a second standing invitation to
                                                                    tender for the intervention on wheat in store at Musselka­
free supply of food products to the population of Alba­             naal in the Netherlands .
nia ^), as amended by Regulation (EEC) No 2098/92 (*),
provides for allocation of the supply of common wheat               Article 2 (2) of Regulation (EEC) No 1616/92 notwith­
flour pursuant to Council Regulation (EEC) No 1567/92               standing, the aforementioned products shall be delivered
to be made by invitation to tender ; whereas the invita­            in the packaging as defined in point 1.3 of Annex I.
tions to tender for the free supply of processed products
cover the quantities of basic products to be taken from
intervention stocks as payment in kind for these supplies                                    Article 2
and for the processing, transport and other related costs ;
                                                                    Tenders shall be for the quantity, in metric tonnes, of
Whereas tenders may relate to common wheat and durum                common wheat or of durum wheat necessary to cover the
wheat ; whereas criteria must therefore be laid down to             supply, transport and other costs, up to the delivery stage
determine which is the most favourable tender ; whereas             provided for, of the entire lot indicated in the notice of
to that end tenders should be compared on the basis of              invitation to tender as provided for in Article 14 (2) of
                                                                    Regulation (EEC) No 1616/92.
the value of the quantity of the basic product requested as
payment in kind ;                                                   The quantity of wheat awarded as payment in kind for the
                                                                    supply shall be made available, at the successful tenderer's
Whereas it is necessary to ensure that deadlines for de­            choice, from the intervention stocks designated for this
livery are complied with ; whereas the appropriate pro­             purpose in the abovementioned notice of invitation to
visions should therefore be laid down concerning the                tender
release of delivery securities in the case of late deliveries ;
                                                                    The tender security shall be set at ECU 15 per tonne.
Whereas staggered delivery of lots imposes additional
burdens on the recipients and is a hindrance as regards                                      Article 3
other deliveries ; whereas a specific penalty of 1 % of the
volume of cereals awarded as payment in kind should be               1 . Where the quantities actually supplied during a
imposed, without prejudice to the provisions on security            one-week period are found to be less than 50 % of the
of Article 8 of Regulation (EEC) No 1616/92 ;                       quantities to be supplied pursuant to the delivery sched­
                                                                    ule laid down in point 2.4 of Annex I, the security
Whereas a standing invitation to tender should be opened            provided for in Article 8 of Regulation (EEC) No 1616/92
in six Member States for the supply of 22 000 tonnes of             shall be forfeit in respect of the quantity not supplied
common wheat flour :                                                during the abovementioned period. However, if the
                                                                    operator provides proof that the quantity was delivered
                                                                    during the following week, only 10 % of the security shall
(') OJ No   L 166,  20. 6. 1992, p. 1 .                             be forfeit.
(2) OJ No   L 281 , 1 . 11 . 1975, p. 1 .
0   OJ No   L 180,  1 . 7. 1992, p. 1 .
(4) OJ No   L 170,  25. 6. 1992, p. 18 .                            2. The previous paragraph shall apply when the
0   OJ No   L 210,  25. 7. 1992, p. 15.                             operator is responsible for the delay in deliveries.
 ---pagebreak--- No L 380/34                           Official Journal of the European Communities                               24. 12. 92
                          Article 4                             products involved and the Commission of the progress of
                                                                the supply operation as far as the takeover stage.
1.    The time limit for submission of tenders for the first
invitation to tender shall be 11 a.m. on 7 January 1993                                   Article 8
(Brussels time).
                                                                For the purposes of booking the expenditure by the Euro­
2.    The time limit for submission of tenders for the          pean Agricultural Guidance and Guarantee Fund
following partial invitation to tender shall expire at 11       (EAGGF), the book value of the products concerned shall
a. m. each Wednesday (Brussels time).                           be :
3.    The time limit for submission of tenders of the last      Common wheat : ECU 52/tonne
partial invitation to tender shall expire at 11 a. m. on        Durum wheat : ECU 67/tonne.
21 January 1993 (Brussels time).
                                                                                          Article 9
4. Notwithstanding Article 14 of Commission Regula­
tion (EEC) No 1616/92, the intervention agency                  When scrutinizing tenders, the Commission departments
concerned shall publish an invitation to tender at least        shall determine the value of the quantities of basic
three days before the date laid down for the first partial      products requested as payment in kind on the basis of the
invitation to tender.
                                                                intervention price applicable in the month of the last day
                                                                for submission of tenders. The tender offering the lowest
                                                                value for the quantity of the basic product requested as
                          Article 5
                                                                payment in kind shall be selected.
Tenders shall be submitted to the intervention agency
concerned. The intervention agencies concerned shall                                     Article 10
forward the tenders to the Commission in accordance
with the schedule specified in Annex II.                        The Member States concerned shall take all appropriate
                                                                measures to ensure that no refund or monetary compen­
                                                                satory amount is applied within the framework of the
                          Article 6                             supply, in particular by specifying this on the export
                                                                licence.
A specimen of the takeover certificate referred to in
Article 9 (3) of Regulation (EEC) No 1616/92 is given in                                 Article 11
Annex III hereto .
                                                                 1 . The Member States concerned shall adopt all ad­
The certificate shall be issued after the goods have been       ditional provisions necessary for implementation of this
taken over.                                                     Regulation .
                                                                 2.   The Member States concerned shall send to the
                          Article 7                              Commission all information on the carrying out of the
                                                                supply, in particular relating to the award of the contract,
 1 . The successful tenderer shall undertake to provide         delivery times and the actual date of takeover by the Alba­
                                                                 nian authorities .
the Albanian authorities with the documents required for
the purposes of the supply which shall be specified in the
invitation to tender issued by the intervention agency                                   Article 12
concerned.
                                                                This Regulation shall enter into force on the day of its
2. The successful tenderer shall regularly inform the            publication in the Official Journal of the European
Albanian authorities, the intervention agency holding the        Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                  Done at Brussels, 23 December 1992.
                                                                          For the Commission
                                                                           Ray MAC SHARRY
                                                                      Member of the Commission
 ---pagebreak--- 24. 12. 92                                   Official Journal of the European Communities                                                   No L 380/35
                                                                        ANNEX I
            1 . Common wheat flour
                 1.1 . Number of lots :
                       Lot No 1 : 5 500 tonnes to be delivered to Durres,
                       Lot No 2 : 5 500 tonnes to be delivered to Preveza,
                       Lot No 3 : 5 500 tonnes to be delivered to Durres,
                       Lot No 4 : 5 500 tonnes to be delivered to Preveza .
                 1.2. Characteristics and quality of the goods (l): OJ No C 114, 29. 4. 1991 (point II.B.I (a)).
                 1.3. Packaging : New jute/polyproplylene mix bags (2). Content 50 kg net-weight. Sacks shall be placed
                       on disposable pallets of appropriate dimensions and each pallet shall be covered with polyetylene
                       netting.
                 1.4. Marking :
                       European flag : OJ No C 114, 29. 4. 1991 (Annexes I and II).
                       Inscriptions in Albanian : 'European Community' (in letters at least 5 cm high) ; 'Common wheat
                       flour' (in letters at least 2,5 cm high).
           2. Conditons of supply
                 2.1 . Mobilization of the product : domestic market of the Member State concerned.
                 2.2. Mode of transport : by sea (riggeld-up vessel) or, for Greece only, by land.
                 2.3. Stage of delivery : free at port of destination.
                 2.4. Deadlines for delivery :
                       ( 1 ) Lot No 1 : 29/30 January 1993,
                       (2) Lot No 2 : 29/30 January 1993,
                       (3) Lot No 3 : 26/27 February 1993,
                       (4) Lot No 4 : 26/27 February 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
                       1 % of the quantity awared as payment in kind.
                       If no tender is accepted on 7 January 1993 all the above dates are deferred by seven days. This shall
                       also supply if there is no acceptance on 14 January 1993.
                 2.5. At the tender's initiative and on his own responsibility delivery may be brought forward if an earlier
                       schedule for unloading and removal is possible.
           (') The successful tenderer shall submit to the authorities referred to in point 2.3 a certificate issued by an official authority
                certifying that, for the product to be supplied, the standards relating to radioactivity in the Member State concerned have
                not been exceeded.
           (2) 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 . (Point II.B.2.d), as amended by OJ No C 135 of 26. 5.
                1992, p. 20.
 ---pagebreak--- No L 380/36                          Official Journal of the European Communities                                           24. 12. 92
                                                                ANNEX II
              Standing invitation to tender for the free supply of the common wheat flour to Albania
                                                     (Regulation (EEC) No 3745/92)
                                      N       h     f th 1           Quantity of common wheat       Quantity of durum wheat
                 Tenderer's
                    No
                                       as• , referred
                                              , , f A
                                                       to in I
                                                                        requiredm aspayment
                                                                                    kin<»
                                                                                                      requirednIn kind
                                     point 1.1 of Annex I                       (tonnes)                     (tonnes)
                     12                                                             3                             4
                     1
                     2
                     3
                     4
                    etc .
                                                                ANNEX III
                                                               Delivery by sea
                                                      TAKEOVER CERTIFICATE
           I, the undersigned :
                                                                  (name, first name, business name)
           acting on behalf of the Albanian Government, hereby certify that the following goods have been taken over :
           — Name of vessel :
           — Place and date of takeover :
           — Nature of goods :
           — Tonnage taken over :
           Remarks/reservations