CELEX: 31992R2961
Language: en
Date: 1992-10-14
Title: Commission Regulation (EEC) No 2961/92 of 13 October 1992 opening an invitation to tender for the free supply of tinned beef to the victims of the conflict in what was formerly Yugoslavia (Croatia)

14. 10. 92                            Official Journal of the European Communities                             No L 298 / 1 1
                                   COMMISSION REGULATION (EEC) No 2961/92
                                                    of 13 October 1992
                opening an invitation to tender for the free supply of tinned beef to the victims
                               of the conflict in what was formerly Yugoslavia (Croatia)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      accordance with the provisions of this Regulation and
                                                                 Regulation (EEC) No 2344/92.
 Having regard to the Treaty establishing the European
 Economic Community,                                             Article 2 (2) of Regulation (EEC) No 2344/92 notwith­
                                                                 standing, the aforementioned products shall be delivered
                                                                 under the conditions defined in Annex II .
Having regard to Council Regulation (EEC) No 805/68 of
27 June 1968 on the common organization of the market
in beef and veal ('), as last amended by Regulation (EEC)
No 2066/92 (2), and in particular Article 7 (3) thereof,                                   Article 2
Whereas Commission Regulation (EEC) No 2344/92 of                1 . Tenders shall be for a quantity, in tonnes, of fore­
 10 August 1992 laying down detailed rules applicable to         quarters or boned meat according to the proportion table
the free supply of agricultural products to the victims of       given in Annex III, stored by the intervention agency
the conflict in the former Yugoslavia provided for in            concerned, which covers the processing, transport and
Council Regulation (EEC) No 2139/92 (3), provides for the        other related costs, up to the delivery stage laid down for
contract for the supply of tinned beef under Regulation          the entire quantity of tinned meat awarded.
(EEC) No 2139/92 (4) to be awarded by invitation to
tender ; whereas the invitations to tender for the free          Only intervention meat may be used for the production
supply of processed products cover the quantities of basic       of the tinned beef referred to in Article 1 .
products to be taken from intervention stocks as payment
in kind for these supplies, and for transport and other          2.    Tenders shall relate to a minimum of 100 tonnes of
related costs ;                                                  tinned meat.
Whereas an invitation to tender should be opened for the         3.    Notwithstanding Article 3 of Regulation (EEC)
supply of 4 860 tonnes of tinned beef to be delivered to         No 2344/92, tenders
the Community representative in Zagreb ;
                                                                 (a) shall be valid only if submitted by a natural or legal
                                                                     person who, for at least 12 months, has been engaged
Whereas, in order to ensure proper execution of the                  in the processing of products containing beef and who
operation and bearing in mind the controls required,                 is entered in a public register of a Member State ;
provision should be made for special detailed rules regar­
ding in particular the minimum quantity which may be             (b) may be refused if submitted by a natural or legal
tendered for and the criteria for participation ;                    person in respect of whom pertinent information
                                                                     exists raising doubts as to his ability to carry out the
Whereas the measures provided for in this Regulation are             processing and/or export operations properly ;
in accordance with the opinion of the Management                 (c) must be accompanied by :
Committee for Beef and Veal,
                                                                     — a written undertaking     by the applicant to process
                                                                         on his own premises     the meat awarded into the
                                                                         products specified in   Annex II,
HAS ADOPTED THIS REGULATION :
                                                                     — precise details of the    establishment or establish­
                                                                         ments where the meat which has been awarded
                                                                         will be processed,
                                                                     — a written declaration authorizing the application of
                          Article 1                                      any control measures deemed appropriate by the
                                                                         competent authorities in the Member States
                                                                         concerned.
The intervention agencies referred to in Annex I shall
open an invitation to tender for the supply of 4 860
tonnes of tinned beef, as set out in Annex I, and in             4. Immediately after the expiry of the deadline referred
                                                                 to in paragraph 7, operators shall send a copy of the
                                                                 tender by telex or telefax to the Commission of the Euro­
(') OJ No L 148, 28. 6. 1968, p. 24.                             pean Communities, DG VI/D.2, 130, rue de la Loi,
(4 OJ No L 215, 30. 7. 1992, p. 49.
0 OJ No L 227, 11 . 8. 1992, p. 18.                              B-1049 Brussels (telex 220 37 AGREC B ; telefax (32-2)
(4) OJ No L 214, 30. 7. 1992, p. 8.                              296 60 27).
 ---pagebreak---  No L 298/ 12                          Official Journal of the European Communities                                14. 10. 92
 5. The quantity of meat from intervention awarded as            — shall be lodged by the successful tenderer prior to
 payment in kind for the supply shall be made available               taking over the products as payment in kind.
 from the intervention stocks designated for this purpose
 in the notice of invitation to tender.                          2. Notwithstanding Article 12 (4) of Regulation (EEC)
                                                                 No 2344/92, the products awarded as payment in
 6.   The tendering security shall be set at ECU 100 per         kind may be removed from intervention stores once the
tonne of tinned beef.                                            security referred to above has been lodged.
7. Only tenders which reach the intervention agency              3. Notwithstanding Article 12 (3) of Regulation (EEC)
concerned by 12 noon (Brussels time) on 19 October               No 2344/92, proof that the tinned meat in question has
 1992, at the latest, shall be taken into consideration.         been produced solely from intervention meat awarded as
                                                                 payment in kind and presentation to the intervention
Notwithstanding Article 15 of Regulation (EEC)                   agency of the customs exportation document shall also be
No 2344/92, the intervention agency concerned shall              primary requirements for the release of the security.
publish a notice of invitation to tender at least three days
before that date.                                                The Member States concerned shall take all appropriate
                                                                 measures to verify the proof, in particular by marking the
                                                                 meat prior to processing in the warehouse, by permanent
                          Article 3                              monitoring during processing and by taking samples and
                                                                 performing bacteriological analyses of the tinned meat
1.    The intervention agencies concerned shall forward          produced, if necessary appointing a monitoring enterprise
the tenders to the Commission in accordance with the             at the cost of the successful tenderer.
schedule specified in Annex IV.
2. Pursuant to Article 6 (2) of Regulation (EEC)                                          Article 8
No 2344/92, for the purposes of comparing tenders, 100
kg of five ribs forequarters shall be equivalent to 95 kg of     The takeover certificate referred to in Article 9 (3) of
eight ribs forequarters or to 68 kg of boned meat.               Regulation (EEC) No 2344/92 shall be as set out in
                                                                 Annex V hereto.
                          Article 4                              The certificate shall be issued after the goods have been
                                                                 taken over by the competent body referred to in Annex
The successful tenderer shall undertake to provide the           II.
competent body referred to in Annex II with the docu­
ments required for the purposes of the supply as specified
in the notice of invitation to tender issued by the inter­                                Article 9
vention agency concerned.
                                                                 The Member States concerned shall take all appropriate
                                                                 measures to ensure that no refund or monetary compen­
                          Article 5
                                                                 satory amount shall apply to this supply, in particular by
                                                                 specifying this on export licences, export customs docu­
For the purposes of booking the expenditure in the Euro­         ment, the transit document and any T5 document created.
pean Agricultural Guidance and Guarantee Fund
(EAGGF) accounts, the book value of the products
concerned shall be ECU 785 per tonne for bone-in                                          Article 10
quarters and ECU 1 150 per tonne for boned meat.
                                                                 1 . The Member States concerned shall adopt all further
                          Article 6
                                                                 provisions necessary for the implementation of this Regu­
                                                                 lation.
Notwithstanding Article 6 (2) of Regulation (EEC)                2.     The Member States concerned shall send the
No 2344/92 the Commission shall fix the maximum
                                                                 Commission all information on the execution of the
quantity of intervention products to be awarded as               supply, in particular as regards to the award of the
payment in kind or shall decide not to make any award.           contract, delivery times and the actual date of takeover by
                                                                 the competent body referred to in Annex II.
                          Article 7
                                                                                          Article 11
1 . Notwithstanding Article 8 (2) of Regulation (EEC)
No 2344/92, the supply security :
                                                                 This Regulation shall enter into force on the third day
— shall be ECU 2 500 per tonne of intervention                   following its publication in the Official Journal of the
    products,                                                    European Communities.
 ---pagebreak--- 14. 10 . 92                    Official Journal of the European Communities                        No L 298/ 13
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 13 October 1992.
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission
 ---pagebreak--- No L 298/ 14                      Official Journal of the European Communities                             14. 10 . 92
           ANEXO I — BILAG I — ANHANG I — ΠΑΡΑΡΤΗΜΑ I — ANNEX I — ANNEXE I —
                                     ALLEGATO I — BIJLAGE I — ANEXO I
           Direcciones de los organismos de intervención — Interventionsorganernes adresser —
           Anschriften der Interventionsstellen — Διευθύνσεις των οργανισμών παρεμβάσεως — Addresses
           of the intervention agencies — Adresses des organismes d'intervention — Indirizzi degli
           organismi d'intervento — Adressen van de interventiebureaus — Endereços dos organismos de
                                                       intervenção
           IRELAND :                Department of Agriculture and Food
                                    Agriculture House
                                    Kildare Street
                                    Dublin 2
                                    Tel. (01) 78 90 11
                                    Telex 93292 and 93607, telefax (01)616263 and (01)785214
           DANMARK :                EF-Direktoratet
                                    Frederiksborggade 18
                                    DK- 1 360 København K
                                    Tlf. 33 92 70 00, telex 15137 EFDIR DK, telefax 33 92 69 48
           ITALIA :                 Azienda di Stato per gli interventi nel mercato agricolo (AIMA)
                                    Via Palestro 81
                                    1-00185 Roma
                                    Tel . 47 49 91
                                    Telex 61 30 03
           UNITED KINGDOM :         Intervention Board for Agricultural Produce
                                    Fountain House
                                    2 Queens Walk
                                    Reading RGl 7QW
                                    Berkshire
                                    Tel. (0734) 58 36 26
                                    Telex 848 302, telefax : (0734) 56 67 50
           FRANCE :                 OFIVAL
                                    Tour Montparnasse
                                    33 avenue du Maine
                                    F-75755 Paris Cedex 15
                                    Tél. 45 38 84 00, télex 205476
           ESPAÑA :                 Servicio Nacional de Productos Agrarios (SENPA)
                                    c/Beneficencia 8
                                    E-28004 Madrid
                                    Tel. 347 63 10 / 347 65 00
                                    Télex 23427 SENPA E
                                    Telefax 521 98 32 / 522 43 87
           BUNDESREPUBLIK           Bundesanstalt für landwirtschaftliche Marktordnung (BALM)
           DEUTSCHLAND :            Geschäftsbereich 3 (Fleisch und Fleischerzeugnisse)
                                    Postfach 180 107 — Adickesallee 40
                                    D-6000 Frankfurt am Main 18
                                    Tel. (069) 1 56 4772/3 ; Telex : 04 11 156 ; Telefax (069) 1 56 4791 ;
                                    Teletext 6990 732
 ---pagebreak--- 14. 10 . 92                               Official Journal of the European Communities                                      No L 298/ 15
                                                               ANNEX II
             Characteristics and quality of the goods
            (a) Tinned beef, of the type 'beef in jelly/own juice', 'viande en gelee', 'Fleisch in eigenem Saft', produced in
                 the Community, with one of the following product codes :
                 — 1602 50 90 195 ('),
                 — 1602 50 90 395 ('),
                 — 1602 50 90 495 (').
            (b) The successful tenderer is to state in advance the product code corresponding to the thinned meat to be
                 produced.
            (c) The tinned beef must be completely sterilized in accordance with the requirements laid down in Annex
                 B, Chapter II, to Council Directive 77/99/EEC (2), so that it can be kept for at least three years.
            (d) The tinned meat must be produced solely from intervention products.
            Packaging
            (a) In cans of a maximum net content of 460 grams.
            (b) Cans must be hermetically sealed and show no signs of rust.
            (c) Cans must be packed in standard cartons for export, suitable for transport by land and sea. Each carton
                 must be duly sealed after packing. Sealed cartons must be secured with a suitable tape made of fibre or
                 other material and placed on disposable pallets, measuring 1,0 m x 1,1 m. Maximum height 1,0 m.
            Marking
            (a) Each can must bear a label showing, in one of the official languages of the Community :
                 — the ingredients,
                 — the net weight in grams,
                 — the date of manufacture and expiry date,
                 — the name and address of the manufacturer,
                 — the veterinary approval number of the processing plant.
            (b) The date of manufacture and expiry date must be embossed on the cans.
            (c) The outer packaging of each pallet must bear the following information in letters at least 3 cm high :
                 — the inscription 'Humanitarian Aid — Regulation (EEC) No 2139/92',
                 — the inscription 'European Economic Community',
                 — the European flag, as defined in Annexes I and II to Commission communication No 91 /C
                      114/01 (3).
            Conditions of supply
            (a) Stage of delivery : free at warehouse unloaded.
            (b) Authority responsible for the takeover :
                 Echo-Zagreb (Dr. Paolini)
                 Hotel 'Zagreb
                 Remetinecka 106
                 41000 Zagreb
                 Croatia
                 telefax : (3841)-65 00 87.
                 Warehouse :
                 Pavilion 7, Zagrebadei Valesajam
                 Avenue Dubrovnik — 41000 Zagreb.
                 Delivery schedule : regular deliveries up to 31 December 1992 in agreement with the authority respon­
                 sible for takeover. On fully reasoned request that authority may grant a supplementary delivery period.
                 Customs clearance : Office for refugees and displaced persons of the Government of Croatia — Brace
                 Oreski, 41000 Zagreb.
            (') OJ No L 101 , 15. 4. 1992, p. 12.
            0) OJ No L 26, 31 . 1 . 1977, p. 85.
            0) OJ No C 114, 29. 4. 1991 , p. 1 .
 ---pagebreak--- No L 298 / 16       Official Journal of the European Communities   14. 10 . 92
                                       ANNEX III
                Proportion key for boned meat as payment in kind :
              DENMARK
              Bryst og slag                               45,3 %
              Øvrigt kød af forfjerdinger                 54,7 %
              FRANCE
              Caisse A                                    57,5 %
              Caisse B                                    35,5 %
              Macreuse                                      7,0 /o
              IRELAND
              Forequarters                                60,0 %
              Shins & shanks                                4,6 %
              Briskets                                      9,7 %
              Plates and flanks                           25,7 %
              ITALY
              Collo Sottospalla                           1 6,3 %
              Spalla Garetto                              29,3 %
              Pancia                                      24,0 /o
              Petto                                        17,1 %
              Sottospalla                                   6,3 %
              Collo                                         7,0 %
              UNITED KINGDOM
              Clod and sticking                            15,6%
              Pony                                        36,6 %
              Pony parts                                    1,7 %
              Shins and shanks                             11,5%
              Brisket                                       9,6 %
              Thin flank                                   15,1 %
              Forequarter flank                             9,9 %
 ---pagebreak--- 14. 10 . 92                              Official Journal of the European Communities                                       No L 298/ 17
                                                                ANNEX IV
             Invitation to tender for the free supply of tinned beef to the victims of the conflict in what was
                                                     formerly Yugoslavia (Croatia)
                                                      (Regulation (EEC) No 2961 /92)
                                                                                                                  (in tonnes)
                Tenderer's number       Quantity of tinned beef to be supplied       Quantity of forequarters/boned
                                                                                   meat (') required as payment in kind
                         1
                         2
                                                                               I
                         3
                                                                               I
                        4
                         5
                                                                               I
            Send to : DG VI-D-2 (beef and veal)
                         For the attention of Mr Bennink
                        Telefax (32-2) 296 60 27.
            (') Delete as appropriate.
 ---pagebreak--- No L 298/ 18                           Official Journal of the European Communities                              14. 10. 92
                                                            ANNEX V
                                                       Takeover certificate
           I, the undersigned,
                                                            (name, first name and capacity)
           acting on behalf of              »
           hereby certify that the following goods have been taken over :
               Product :
               Total quantity in tonnes (net weight) :
               Place and date of takeover :
               Registration numbers of heavy goods vehicles :
               Attestation of official sealing of the goods vehicle in the presence of the designated monitoring
               agency :
               Number of cans sampled : ....
               Name of monitoring agency :
               Name and signature of its on-the-spot representative :
           Observations or reservations :
                                                                                         Signature
                                                                                            (Stamp)