CELEX: 31993R0263
Language: en
Date: 1993-02-06 00:00:00
Title: Commission Regulation (EEC) No 263/93 of 5 February 1993 opening a standing invitation to tender for the supply to Estonia of 12 500 tonnes of barley held by the German intervention agency

6 . 2. 93                                  Official Journal of the European Communities                              No L 30/37
                                         COMMISSION REGULATION (EEC) No 263/93
                                                         of 5 February 1993
                   opening a standing invitation to tender for the supply to Estonia of 12 500 tonnes
                                       of barley held by the German 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 German 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 barley
food products to the populations of Estonia, Latvia and              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 12 500 tonnes of
market in cereals (2), as last amended by Regulation (EEC)           barley in bulk to be supplied cif (ex-ship), to the Estonian
No 1738/92 (3), and in particular Article 7 (6) thereof,             port of Tallinn.
Whereas Commission Regulation (EEC) No 2388/92 (4),                  2. The regions in which the 12 500 tonnes of barley
provides that contracts for the supply of cereals under              are stored are stated in Annex I 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 Q,                   1 . Tenders may relate only to the entire lot of 12 500
as last amended by Regulation (EEC) No 606/92 (*), lays              tonnes specified in the notice of invitation to tender
down in particular quality criteria for barley accepted for          provided for in Article 13 of Regulation (EEC) No
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 barley held by the                2. Notwithstanding Article 11 (3) of Regulation (EEC)
German 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 ; whereas                  the percentage forfeit shall amount to 0,1 % for each day
therefore an amount should be deducted from the                      of delay.
performance 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 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
(') OJ  No   L 227,  11 . 8 . 1992, p. 2.                            11 a.m., Brussels time, on 11 February 1993.
0   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 233,  15. 8. 1992, p. 6.
0   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.                                   11 a.m., Brussels time, on 25 February 1993.
 ---pagebreak---  No L 30/38                             Official Journal of the European Communities                               6. 2. 93
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 German intervention
agency.                                                           The Member States concerned shall take all appropriate
                                                                  measures to ensure that no refund is applied within the
The German 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 German intervention agency.                Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 5 February 1993.
                                                                           For the Commission
                                                                             Rene STEICHEN
                                                                       Member of the Commission
 ---pagebreak--- 6. 2. 93                      Official Journal of the European Communities                          No L 30/39
                                                     ANNEX I
                                                                              (tonnes)
                                  Place of storage                   Quantity
                         Niedersachsen/Bremen                        12 500
                                                    ANNEX II
         Standing invitation to tender for the supply to Estonia of 12 500 tonnes of barley held by
                                       the German intervention agency
                                          (Regulation (EEC) No 263/93)
                    Tenderer                                                      Supply cost
                    number                         Quantity (tonnes)              applied for
                                                                                 (ECU/tonne)
                       1                                   2                           3
                                                                                              . ;
                       1
                       2
                       3
                       4
                      etc.
 ---pagebreak--- No L 30/40                             Official Journal of the European Communities                                      6. 2. 93
                                                            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 12 500 tonnes which, at the successful tenderers choice, may be :
          — either one shipment of 12 500 tonnes : to arrive between 17 and 19 March 1993,
          — or a maximum of two shipments :
               — 6 250 tonnes : to arrive between 17 and 19 March 1993
               — 6 250 tonnes : to arrive between 24 and 26 March 1993 .
          An individual lot must be delivered as a simple 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 dates laid down on the initiative of the successful tenderer and
          under his responsibility if the necesaary conditions are met for unloading and removal in the port of Tallinn.