CELEX: 31993R0077
Language: en
Date: 1993-01-19 00:00:00
Title: Commission Regulation (EEC) No 77/93 of 18 January 1993 opening a standing invitation to tender in Belgium, Germany, Spain, Greece, France and Italy for the free supply of common wheat flour to Albania

No L 11 /8                                 Official Journal of the European Communities                                   19. 1 . 93
                                         COMMISSION REGULATION (EEC) No 77/93
                                                         of 18 January 1993
                 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
of 15 June 1992 on a second emergency measure to                      HAS ADOPTED THIS REGULATION :
supply food products to the population of Albania ('), and
in particular Article 3 thereof,
                                                                                                Article 1
Having regard to Council Regulation (EEC) No 2727/75
of 29 October 1975 on the common organization of the
market in cereals (2), as last amended by Regulation (EEC)            Under the conditions laid down in Regulation (EEC)
No 1738/92 (3), and in particular Article 7 (6) thereof,              No 1616/92, the Belgian, German, Spanish, French,
                                                                      Greek and Italian intervention agencies shall open a stan­
Whereas Commission Regulation (EEC) No 1616/92 of                     ding invitation to tender for the supply of 22 000 tonnes
24 June 1992 laying down detailed rules applicable to the             of common wheat flour as set out in Annex I and in
free supply of food products to the population of Alba­               accordance with the provisions of this Regulation.
nia ^), as amended by Regulation (EEC) No 2098/92 0,
provides for allocation of the supply of common wheat                 Germany shall open a second standing invitation to
flour pursuant to Council Regulation (EEC) No 1567/92                 tender for the intervention on wheat in store at Musselka­
to be made by invitation to tender ; whereas the invita­              naal in the Netherlands.
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 a standing invitation to tender should be opened
                                                                      common wheat or of durum wheat necessary to cover the
urgently in six Member States for the supply of 22 000                supply, transport and other costs, up to the delivery stage
tonnes of common wheat flour ;
                                                                      provided for, of the entire lot indicated in the notice of
                                                                      invitation to tender as provided for in Article 14 (2) of
Whereas Regulation (EEC) No 3745/92 (6) opened a stan­                Regulation (EEC) No 1616/92.
ding invitation to tender in Belgium, Germany, Spain,
Greece, France and Italy for the free supply of common
wheat flour to Albania ; whereas a verification of this               The quantity of wheat awarded as payment in kind for the
Regulation has shown up material errors in it which make              supply shall be made available, at the successful tenderer's
it impossible to apply in practice ; whereas it should                choice, from the intervention stocks designated for this
therefore be repealed ;                                               purpose in the abovementioned notice of invitation to
                                                                      tender.
Whereas tenders may relate to common wheat and durum
wheat ; whereas criteria must therefore be laid down to
determine which is the most favourable tender ; whereas                                         Article 3
to that end tenders should be compared on the basis of
the value of the quantity of the basic product requested as           1 . Notwithstanding Article 12 (3) of Regulation (EEC)
payment in kind ;                                                     No 1616/92 when delivery delays occur, for each day of
                                                                      delay 0,05 % of the security specified in Article 8 of that
Whereas experience has shown the need to be sure that                 Regulation shall be forfeit in respect of the quantities
the scheduling of deliveries is respected ; that therefore an         delivered late. If such delays exceed a period of five days,
amount should be deducted from the performance                        the percentage forfeit shall amount to 0,1 % for each day
guarantee in certain cases of delayed delivers ;                      of delay.
(') OJ  No  L 166,  20. 6. 1992, p. 1 .                               2. The part of the security, referred to in Article 8 of
0   OJ  No  L 281 , 1 . 11 . 1975, p. 1 .                             Regulation (EEC) No 1616/92, corresponding to any addi­
0   OJ  No  L 180,  1 . 7. 1992, p. 1 .                               tional costs incurred by the Community, pursuant to
(4) OJ  No  L 170,  25. 6. 1992, p. 18.
0   OJ  No  L 210,  25. 7. 1992, p. 15.                               Article 9 (2) of that Regulation or to the corresponding
(6) OJ  No  L 380,  24. 12. 1992, p. 33.                              Articles relating to the other sectors, shall also be forfeit.
 ---pagebreak--- 19. 1 . 93                            Official Journal of the European Communities                               No L 11 /9
3. The provisions of the preceding paragraphs shall              products involved and the Commission of the progress of
apply where delivery delay is attributable to the operator.      the supply operation as far as the takeover stage.
                                                                                           Article 8
                          Article 4
                                                                 For the purposes of booking the expenditure by the Euro­
1.    The time limit for submission of tenders for the first
                                                                 pean Agricultural Guidance and Guarantee Fund
invitation to tender shall be 3 p.m. on 20 January 1993          (EAGGF), the book value of the products concerned shall
(Brussels time).                                                 be :
2.    The time limit for submission of tenders for the           Common wheat : ECU 52/tonne
following partial invitation to tender shall expire at 3         Durum wheat : ECU 65/tonne .
p.m. each Wednesday (Brussels time).
3.    The time limit for submission of tenders of the last                                 Article 9
partial invitation to tender shall expire at 3 p. m. on          When scrutinizing tenders, the Commission departments
3 February 1993 (Brussels time).                                 shall determine the value of the quantities of basic
                                                                 products requested as payment in kind on the basis of the
4. Notwithstanding Article 14 of Commission Regula­
                                                                 intervention price applicable in the month of the last day
tion (EEC) No 1616/92, the intervention agency                   for submission of tenders. The tender offering the lowest
concerned shall publish an invitation to tender at least
three days before the date laid down for the first partial       value for the quantity of the basic product requested as
invitation to tender.                                            payment in kind shall be selected.
                                                                                          Article 10
                          Article 5
                                                                 The Member States concerned shall take all appropriate
Tenders shall be submitted to the intervention agency            measures to ensure that no refund is applied within the
concerned. The intervention agencies concerned shall             framework of the supply, in particular by specifying this
forward the tenders to the Commission in accordance              on the export licence.
with the schedule specified in Annex II.
                                                                                          Article 11
                          Article 6
                                                                 1 . The Member States concerned shall adopt all ad­
A specimen of the takeover certificate referred to in            ditional provisions necessary for implementation of this
Article 9 (3) of Regulation (EEC) No 1616/92 is given in         Regulation.
Annex III hereto.                                                2.    The Member States concerned shall send to the
                                                                 Commission all information on the carrying out of the
The certificate shall be issued after the goods have been        supply, in particular relating to the award of the contract,
taken over.
                                                                 delivery times and the actual date of takeover by the Alba­
                                                                 nian authorities.
                          Article 7
                                                                                          Article 12
 1 . The successful tenderer shall undertake to provide
the Albanian authorities with the documents required for         Regulation (EEC) No 3745/92 is hereby repealed.
the purposes of the supply which shall be specified in the
invitation to tender issued by the intervention agency                                    Article 13
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, 18 January 1993.
                                                                           For the Commission
                                                                             Rene STEICHEN
                                                                       Member of the Commission
 ---pagebreak--- No L 11 / 10                                Official Journal of the European Communities                                                       19. 1 . 93
                                                                      ANNEX I
             1.    Common wheat flour — Albania
             1.1 . Number of lots :
                    Lot  No    1: 5 500  tonnes    to be  delivered   to  Durres (in bags — slung)
                    Lot  No   2:  5 500  tonnes    to be  delivered   to  Preveza (Greece) (in bags — slung)
                    Lot  No   3:  5 500  tonnes    to be  delivered   to  Durres (in bags — slung)
                    Lot  No   4:  5 500  tonnes    to be  delivered   to  Preveza (Greece) (in bags — slung)
             1.2. Characteristics and quality of the goods ('): OJ No C 114, 29. 4. 1991 [point II.B.1 .(a)]
             1.3. Packaging : OJ No C 114, 29. 4. 1991 [point II.B.2.(d)] (2)
                    If delivered overland :
                   The sacks shall be put on single-use pallets of an appropriate size and each pallet shall be wrapped over
                   with a polyethylene net;
             1.4. Marking :
                   (a) European flag : OJ No C 114, 29. 4. 1991 (Annex I)
                   (b) and inscriptions in Albanian
                       'COMMON WHEAT FLOUR / EUROPEAN COMMUNITY*
             2.    Conditions of supply
             2.1 . Mobilization of the product : domestic market of the Member State concerned.
             2.2. Method of transport : — by sea (rigged-up vessel);
                                             — in the case of Greece : may be overland for lots 2 and 4.
             2.3. Stage of delivery : — free at port of destination ;
                                         — in the case of Greece — overland — : free at Albanian frontier (3).
             2.4. Deadlines for delivery :
                    Lot No 1 : 15 and 16. 2. 1993 .
                    Lot No 2 : 15 and 16. 2. 1993 .
                    Lot No 3 : 18 and 19 . 3. 1993 .
                    Lot No 4 : 22 and 23 . 3 . 1993 .
                    If no tender is accepted on 21 January 1993 all the above dates are deferred by seven days. This shall
                    also apply if there is no acceptance on 28 January 1993.
             2.5. At the tender's initiative and his own responsibility delivery may be brought forward if an earlier
                    schedule for unloading and removal is possible.
             (') The successul tenderer shall submit to the beneficiary a certificate issued by an official authority certifying that, for the
                 product to be supplied, the standards relating to radioactivity levels have been complied with in the Member State con­
                 cerned. The radioactivity certificate must specify the caesium- 134 and - 137 and iodine-131 contents.
             (2) With a view to possible re-bagging, the successful tenderer shall supply 2 % of empty bags of the same quality as those
                 containing the goods, bearing the inscription followed by a capital R'. [Point II.B.2^d), amended by OJ No C 135, 26. 5.
                 1992, p. 20].
             (3) In agreement with the Greek authorities, in particular the National Foundation for the Reception and Resettlement of
                 Repatriated Greeks (NFRRRG).
 ---pagebreak--- 19. 1. 9 3                            Official J o u r n a l of the European         Communities                          N o L 11/11
                                                               ANNEX       II
              Standing invitation to tender for the free supply of the c o m m o n wheat flour to Albania
                                                    (Regulation (EEC) No 77/93)
                                                                   Quantity of common wheat       Quantity of durum wheat
                                       Number of the lot                                            required as payment
                 Tenderer's                                            required as payment
                                        as referred to in                                                  in kind
                    No                                                         in kind
                                     point 1.1 of Annex I                                                  (tonnes)
                                                                               (tonnes)
                     1                           2                                 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 / registration numbers of heavy goods vehicles:.
           — Place and date of takeover:
           — Nature of goods : .
           — Tonnage taken over:
           Remarks/reservations