CELEX: 31993R0962
Language: en
Date: 1993-04-24
Title: Commission Regulation (EEC) No 962/93 of 22 April 1993 opening a standing invitation to tender for the export of 150 000 tonnes of breadmaking common wheat held by the French intervention agency

No L 98/ 18                                 Official Journal of the European Communities                                 24. 4. 93
                                           COMMISSION REGULATION (EEC) No 962/93
                                                            of 22 April 1993
                    opening a standing invitation to tender for the export of 150 000 tonnes of
                          breadmaking common wheat held by the French intervention agency
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           Whereas the measures provided for in this Regulation are
                                                                       in accordance with the opinion of the Management
                                                                       Committee for Cereals,
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                       HAS ADOPTED THIS REGULATION :
 Having regard to Council Regulation (EEC) No 2727/75
 of 29 October 1975 on the common organization of the                                            Article 1
 market in cereals ('), as last amended by Regulation (EEC)
 No 1738/92 (2), and in particular Article 7 (6) thereof,              1 . The French intervention agency shall, observing the
                                                                       requirements of Regulation (EEC) No 1836/92, open a
                                                                       standing invitation to tender to determine the minimum
Whereas Article 3 of Council Regulation (EEC) No                       selling price for 150 000 tonnes of common breadmaking
 1581 /86 of 23 May 1986 laying down general rules for                 wheat held by it.
 intervention on the market in cereals (3), as last amended
by Regulation (EEC) No 2203/90 (4), stipulates that cereals            2.    Tenderers who undertake to deliver the 1 50 000
 held by intervention agencies are to be sold by tendering             tonnes of wheat cif not unloaded (ex-ship) to the port of
 procedure ;                                                           Constanta and to consign it free of charge to the Roma­
                                                                       nian authorities or to the organization authorized to act
                                                                       on their behalf, may participate in the invitation to
Whereas Commission Regulation (EEC) No 1836/82 Q,                      tender.
 as last amended by Regulation (EEC) No 3043/91 (6), sets
procedures and requirements for the sale of cereals held
by intervention agencies ;                                                                      Article 2
                                                                       1.    Tenders shall relate to the entire lot of 1 50 000
Whereas Romania urgently needs breadmaking wheat but                   tonnes in storage in the Rouen area.
is unable to cover all her requirements at world market
prices ; whereas the Community has for humanitarian                    2. No export refund shall be paid in respect of the
reasons undertaken to reduce that country's shortfall in               delivery provided for in this Regulation. Article 8 (2) of
breadmaking cereals ;                                                  Regulation (EEC) No 1836/82 notwithstanding, the re­
                                                                       quirement to submit an application for the advance fixing
                                                                       of the refund shall not apply.
Whereas the Community holds surplus amounts of bread­
making common wheat, in France in particular ; whereas                 3. Export licences shall be valid from their date of
a tendering procedure should therefore be opened for                   issue until 30 June 1993 .
delivery of 150 000 tonnes of breadmaking wheat held by
the French intervention agency to be supplied cif                      4. The provisions ' of Article 44 of Regulation (EEC)
(ex-ship) at Constanta in Romania ;                                    No 3719/88 shall not apply.
                                                                                                Article 3
Whereas the nature of the operation calls for specific
provisions in regard to its execution ;                                1 . Article 7 (1 ) of Regulation (EEC) No 1836/92
                                                                       notwithstanding, the time limit for submission of tenders
Whereas experience indicates a need to ensure that the                 under the first partial invitation to tender shall be
timetable laid down for staggered delivery of the wheat is             28 April 1993 at 13.00 hours (Brussels time).
respected ; whereas delayed delivery should therefore in               2.    Should the wheat not be assigned further opportuni­
certain cases occasion a deduction from the delivery secu­             ties to submit tenders shall expire each Wednesday at 1
rity ;                                                                 p.m. (Brussels time).
(<) OJ  No  L 281 ,  1 . 11 . 1975, p. 1 .                             3.    The French intervention agency shall notify the
(2) OJ  No  L 180,   1 . 7. 1992, p. 1 .                               Commission, in the form indicated in Annex I and
(3) OJ  No  L 139,   24. 5. 1986, p. 36.                               within not more than two working hours following the
(4) OJ  No  L 201 ,  31 . 7. 1990, p. 5.
0   OJ  No  L 202,   9. 7. 1982, p. 23.                                deadline, of the tenders received. The notification shall be
(6  OJ  No  L 288,   18 . 10. 1991 , p. 21                             addressed to the telex or fax numbers shown in Annex II.
 ---pagebreak---   24. 4. 93                            Official Journal of the European Communities                            No L 98/ 19
                            Article 4                             2. Except in cases of force majeure all risk of loss or
                                                                  deterioration of the wheat shall be the responsibility of
                                                                  the tenderer.
  1.   The successful tenderer shall pay for the cereals
 before removal.                         j
 2. The successful tenderer shall obtain payment of                                        Article 7
 ECU 8,150 million on submission of proof that delivery
 has been made on the terms set. Proof shall be consti­
 tuted by :                                                       1 . The tenderer shall undertake to provide the Roma­
                                                                  nian authorities with the supply operation documents as
 — the takeover certificate indicated in Article 8 (2), and       specified in the notice of invitation to tender.
— the certificate of conformity indicated in Article 9 (2).       2.    The tenderer shall keep , the Romanian authorities
                                                                  and the intervention agency informed of the progress of
                                                                  deliveries.
 He may however obtain an advance of 50 % of the above­
 mentioned amount on submission of proof of completion
of customs export formalities.
                                                                                          Article 8
3. The rate to be applied to the payments indicated in
the previous paragraphs shall be the agricultural conver­
sion rate in force on the last day for submission of              1 . France shall take all necessary action to ensure that
tenders.                                                         no refund is granted in connection with the supply opera­
                                                                 tion and shall endorse export licences accordingly.
                           Article 5                             2. The tenderer shall request a takeover certificate from
                                                                 the Romanian authorities for the quantity delivered. This
                                                                 shall be as shown in Annex III.
 1 . The wheat shall be delivered by sea in regular instal­
ments in line with a timetable to be agreed with the
Romanian authorities. The final date for completion of
deliveries shall be 15 July 1993.                                                         Article 9
2. For each part-delivery the tenderer shall notify the          1 . The tenderer shall submit to any check on the quan­
Commission of the date of arrival of the vessel as agreed        tity or quality of the cereals supplied, made by or on
with the Romanian authorities. This must be done by              behalf of the intervention agency.
telex, fax or telegram to the address given in Annex II
five days at the latest before that date.
                                                                 2. A check on the quantity and quality of the cereals
                                                                 supplied shall be made in the country of destination by a
3.    For every day by which delivery overshoots the time        surveillance organization company appointed by the
limit provided for in paragraph 1 , 0,05 % of the security,      French intervention agency in agreement with the
provided for in Article 17 of Regulation (EEC)                   tenderer. A certificate of conformity shall be issued fol­
No 1836/92, corresponding to the quantity delayed shall          lowing the check and transmitted directly to the interven­
be forfeit. If the delay is more than five days this percen­     tion agency.
tage shall be raised to 0,1 % for each day of delay.
                                                                 3. Surveillance organizations or companies appointed
4.    If takeover at the delivery stage is delayed for           to make checks shall separately take representative
reasons not the fault of the tenderer, the extra costs           samples before loading in the Community and at destina­
incurred by him shall be reimbursed by the Commission            tion and retain these for the Commission.
on the basis of supporting documents. This paragraph
shall not apply where the dates of delivery laid down in
paragraph 1 and the notifications referred to in paragraph       Costs relating to these checks, including the commercial
2 are not observed.                                             value of the samples, shall be met by the tenderer.
                           Article 6                                                     Article 10
1 . The tenderer shall be responsible for the financial         This Regulation shall enter into force on the day of its
consequences of his failure to respect the terms of the          publication in the Official Journal of the European
supply operation.                                                Communities.
 ---pagebreak--- No L 98/20                            Official Journal of the European Communities                                         24. 4. 93
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 22 April 1993.
                                                                                     For the Commission
                                                                                        Rene STEICHEN
                                                                              Member of the Commission
                                                             ANNEX I
           Standing invitation to tender (or the export of 150 000 tonnes of breadmaking common
                                       wheat held by the French intervention agency
                                                   (Regulation (EEC) No 962/93)
                    1                2               3               4                5             6               7
                                                                              Price increases
                                                               Offer price        ( + ) or    Commercial
                 Tender             Lot          Quantity                       reductions
                                                              (ECU/tonne)                         costs        Destination
                   No               No           (tonnes)           (')             (-) ,     (ECU/tonne)
                                                                               (ECU/tonne)
                                                                                    p.m.
                    1
                    2
                    3
                   etc.
           (') This price includes the increases or reductions relating to the lot to which the tender refers.
                                                             ANNEX II
           The only Brussels numbers to use are (DG VI-C-1 (Attention : Messrs Thibault/Brus)) :
           — telex :                22037 AGREC B,
                                    22070 AGREC B (Greek characters),
           — telefax :              — 295 01 32,
                                    — 296 10 97,
                                    — 295 21 25.
 ---pagebreak--- 24. 4. 93                        Official Journal of the European Communities                             No L 98 /21
                                                   ANNEX III
                                                SUPPLY BY SEA
                                            TAKE-OVER CERTIFICATE
          I, the undersigned :
                                                     (name, first name, business name)
          acting on behalf of the Romanian Government, hereby certify that the goods indicated below have
          been taken over :
          — Name of vessel :
          — Place and date of takeover :
          — Product :
                                                                         !
          — Tonnage taken over :
          Remarks or reservations :