CELEX: 31992R2798
Language: en
Date: 1992-09-26 00:00:00
Title: Commission Regulation (EEC) No 2798/92 of 25 September 1992 opening a standing invitation to tender in Belgium, Germany, France, Greece and Italy for the free supply of common wheat flour and pasta to the victims of the conflict in what was formerly Yugoslavia (Zagreb)

No L 282/ 10                               Official Journal of the European Communities                                  26 . 9. 92
                                        COMMISSION REGULATION (EEC) No 2798/92
                                                       of 25 September 1992
                  opening a standing invitation to tender in Belgium, Germany, France, Greece
                  and Italy for the free supply of common wheat flour and pasta to the victims of
                                   the conflict in what was formerly Yugoslavia (Zagreb)
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 2139/92
of 23 July 1992 on urgent action for the supply of agri­
                                                                                              Article 1
cultural products to the victims of the conflict in what
was formerly Yugoslavia ('),
                                                                     Under the conditions laid down in Regulation (EEC)
                                                                     No 2344/92, the Belgian, German, French, Greek and
Having regard to Council Regulation (EEC) No 2727/75
                                                                     Italian intervention agencies shall open a standing invita­
                                                                     tion to tender for the supply of 24 190 tonnes of common
of 29 October 1975 on the common organization of the
market in cereals (2), as last amended by Regulation (EEC)
                                                                     wheat flour and 1 950 tonnes of pasta, as set out in Annex
No 1738/92 (3), and in particular Article 7 (6) thereof,             I and in accordance with the provisions of this Regula­
                                                                     tion .
                                                                     Article 2 (2) of Regulation (EEC) No 2344/92 notwith­
Whereas Commission Regulation (EEC) No 2344/92 of                    standing, the aforementioned products shall be delivered
 10 August 1992 laying down detailed rules applicable to             in the packaging as defined in points 1.3 and 2.3 of
the free supply of agricultural products to the victims of           Annex I.
the conflict in what was formerly Yugoslavia (4) provides
for allocation of the supply of common wheat flour and
pasta under Council Regulation (EEC) No 2139/92 to be                                         Article 2
made by invitation to tender ; whereas the invitations to
tender for the free supply of processed products cover the           Tenders shall be for the quantity, in metric tonnes, of
quantities of basic products to be taken from intervention           common wheat or of durum wheat necessary to cover the
stocks as payment in kind for these supplies, and for the            supply, transport and other costs, up to the delivery stage
processing, transport and other related costs ;                      provided for, of the entire lot indicated in the notice of
                                                                     invitation to tender provided for in Article 1 5 (2) of Regu­
                                                                     lation (EEC) No 2344/92.
Whereas tenders may relate to common wheat and durum
wheat ; whereas criteria must therefore be laid down to              The quantity of wheat awarded as payment in kind for the
determine which is the most favourable tender ; whereas              supply shall be made available, at the successful tenderer's
to that end tenders should be compared on the basis of               choice, from the intervention stocks designated for this
the value of the quantity of the basic product requested as          purpose in the abovementioned notice of invitation to
payment in kind ;                                                    tender.
                                                                     The tender security shall be set at ECU 15 per tonne.
Whereas it is necessary to ensure that deadlines for de­
livery are complied with ; whereas the appropriate provi­
sions should therefore be laid down concerning the                                            Article 3
release of delivery securities in the case of late deliveries ;
                                                                      1 . Where the quantities actually supplied during a
                                                                     one-week period are found to be less than 50 % of the
Whereas a standing invitation to tender should be opened             quantities to be supplied pursuant to the delivery
in five Member States for the supply of 24 190 tonnes of             Schedule laid down in point 3.5 of Annex I, the security
common wheat flour and 1 950 tonnes of pasta to be deli­             provided for in Article 8 of Regulation (EEC) No 2344/92
vered to Zagreb ;                                                    shall be forfeit in respect of the quantity not supplied
                                                                     during the abovementioned period. However, if the
                                                                     operator provides proof that the quantity was delivered
(') OJ No  L  214,  30 . 7. 1992, p. 8 .                             during the following week, only 1 0 % of the security shall
0   OJ No  L  281 , t . 11 . 1975, p. 1 .
(3) OJ No  L  180,  1 . 7. 1992, p. 1 .                              be forfeit. Such deliveries shall not be included in the
0   OJ No  L  227,  11 . 8 . 1992, p. 18 .                           deliveries scheduled for the following week.
 ---pagebreak--- 26. 9 . 92                            Official Journal of the European Communities                           No L 282/ 11
2. The previous paragraph shall apply when the                  are specified in the invitation to tender issued by the
operator is responsible for the delay in deliveries.            intervention agency concerned.
                         Article 4                                                       Article 8
1.    The time limit for submission of tenders for the first    For the purposes of booking the expenditure by the Euro­
partial invitation to tender shall be 11 a.m. on                pean Agricultural Guidance and Guarantee Fund
30 September 1992 (Brussels time).                              (EAGGF), the book value of the products concerned shall
                                                                be :
2.    The time limit for submission of tenders for the          Common wheat : ECU 52/tonne
following partial invitation to tender shall expire at 11       Durum wheat : ECU 67/tonne.
a.m. each Wednesday (Brussels time).
3.    The time limit for submission of tenders for the last                               Article 9
partial invitation to tender shall expire at 11 a.m. on
21 October 1992 (Brussels time).                                When scrutinizing tenders, the Commission departments
                                                                shall determine the value of the quantities of basic
4. Notwithstanding Article 15 of Commission Regula­             products requested as payment in kind on the basis of the
tion (EEC) No 2344/92, the intervention agency                  intervention price applicable during September 1992. The
concerned shall publish an invitation to tender at least        tender offering the lowest value for the quantity of the
three days before the date laid down for the first partial      basic product requested as payment in kind shall be
invitation to tender.                                           selected.
                         Article 5                                                       Article 10
Tenders shall be submitted to the intervention agency           The Member States concerned shall take all appropriate
concerned.                                                      measures to ensure that no refund or monetary compen­
                                                                satory amount is applied within the framework of the
The intervention agencies concerned shall forward the           supply, in particular by specifying this on the export
tenders to the Commission        in accordance with the         licence.
schedule specified in Annex II.
                                                                                         Article 11
                         Article 6
                                                                 1 . The Member States concerned shall adopt all addi­
                                                                tional provisions necessary for implementation of this
A specimen of the takeover certificate referred to in           Regulation.
Article 9 (3) of Regulation (EEC) No 2344/92 is given in
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 by the authorities referred to in point 3.4 of       delivery times and the actual date of takeover by the
Annex I.
                                                                authorities referred to in point 3.4 of Annex I.
                         Article 7                                                       Article 12
The successful tenderer shall undertake to provide the          This Regulation shall enter into force on the day of its
authorities laid down in point 3.4 of Annex I with the          publication in the Official Journal of the European
documents required for the purposes of the supply which          Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 25 September 1992.
                                                                          For the Commission
                                                                           Ray MAC SHARRY
                                                                     Member of the Commission
 ---pagebreak--- No L 282/ 12                                Official Journal of the European Communities                                                      26. 9 . 92
                                                                    ANNEX I
           1.      Common wheat flour
            1.1 . Number of lots : one lot of 24 190 tonnes
            1 .2. Characteristics and quality of the goods (') :
                   OJ No C 114, 29. 4. 1991 (point II.B.1 (a))
            1 .3. Packaging :
                   (a) 12 100 tonnes packed in new jute/polypropylene mix bags ; content 25 or 50 kg net-weight. Sacks
                        shall be placed on disposable pallets of appropriate dimensions and each pallet shall be covered with
                        polyethylene netting.
                   (b) 12 090 tonnes packed in 1 kg white paper sachets suitable for the storage of foodstuffs. The paper
                        must be of a minimum weight of 80 g/m2. If glue is used in making up or sealing the outer packa­
                        ging, it must be water-resistant
                        These sachets shall be packed in outer packaging to a maximum weight of 25 kg. This outer packa­
                        ging shall be of cardboard or shrink-wrapped polyethylene film of sufficient strength to survive
                        transportation over long distances and under difficult conditions. The outer packaging shall be
                        placed on disposable pallets of appropriate dimensions and each pallet shall be covered with polye­
                        thylene netting.
            1 .4 Marking :
                   — European flag : OJ No C 114, 29. 4. 1991 (Annexes I and II).
                   — Bags of 25 or 50 kg net-weight :
                        Inscriptions in Serbo-Croat :
                        'European Community' (in letters at least 5 cm high) ; 'Humanitarian Aid — Common wheat flour'
                        (in letters at least 2,5 cm high)
                   — 1 kg sachets :
                        Inscriptions in Serbo-Croat :
                        'European Community' (in letters at least 1 cm high) ; 'Humanitarian Aid — Common wheat flour'
                        (in letters at least 0,5 cm high)
           2.      Pasta
           2.1 . Number of lots : one lot of 1 950 tonnes
           2.2. Characteristics and quality of the goods :
                   OJ No C 114, 29. 4. 1991 (point II.C.l (a))
           2.3. Packaging :
                   OJ No C 114, 29 . 4. 1991 (point II.C.2)
                   The cartons must be placed on disposable pallets measuring 110 x 80 cm and secured by polyethylene
                   netting.
           2.4. Marking :
                   European flag : OJ No C 114, 29. 4. 1991 (Annexes I and II)
                   Inscriptions in Serbo-Croat :
                   'European Community' ; 'Humanitarian Aid — Pasta' (in letters at least 1 cm high on packs and 3 cm
                   high on cartons)
           3.     Conditions of supply
           3.1 . Mobilization of the product : domestic market of the Member State concerned.
           3.2. Method of transport : by road.
           3.3. Stage of delivery : fashwarehouse : Pavillion 7 Zagrebadei Valesajam, avenue Dubrovnik, 41000 Zagreb
           (') The successful tenderer shall submit to the authorities referred to in point 3.4 a certificate issued by an official authority
                certifying that, for the product to be supplied, the standards relating to radioactivity have not been exceeded by the
                Member State concerned .
 ---pagebreak--- 26. 9. 92                             Official Journal of the European Communities                                        No L 282/ 13
          3.4. Authorities responsible for the takeover :
               Fulvio Paolini, ECHO Zagreb Hotel I Remetinecka 106 41000 Zagreb
          3.5. Delivery schedule :
               Deliveries shall start on 9 October 1992. However, for flour in sachets of 1 kg and for pasta deliveries
               start on 26 October 1992.
               The quantities to be delivered each working day until delivery of the total quantity is achieved are fixed
               at 360 tonnes for flour and at 40 tonnes for pasta
          3.6. Where a tender is not accepted on 30 September 1992, all the aforementioned dates shall be deferred by
               seven days ; the same deferral shall apply where a tender is not accepted in subsequent tendering proce­
               dures
          3.7. On the initiative of the tenderer and with the agreement of the authorities referred to in point 3.4., deli­
               veries may be made earlier than provided for in point 3.5.
                                                             ANNEX II
          Standing invitation to tender for the free supply of common wheat flour and pasta to the victims
                                of the conflict in what was formerly Yugoslavia (Zagreb)
                                                   (Regulation (EEC) No 2798/92)
                                                                                                                   (tonnes)
                 Tenderer's                Quantity of common wheat                    Quantity of durum wheat
                  number                  required as payment in kind                required as payment in kind
                     1
                                 1
                     2
                                 I
                     3
                                 I
                     4
                                 I
                     5
                                 \
 ---pagebreak--- No L 282/ 14                              Official Journal of the European Communities                        26. 9. 92
                                                             ANNEX III
                                                        Take-over Certificate
           I, the undersigned,
                                                          (name, first name, position of authority)
           acting on behalf of
           hereby certify that the following goods have been taken over :
              Product :
              Total quantity : (tonnes)
              Place and date of take-over :
              Rail wagon numbers/registration
              numbers of heavy goods vehicles (')
               Name and address of transport company
                           Name of monitoring agency :
                           Name and signature of its on-the-spot representative :
           Observations or reservations :
                                                                                                    Signature
                                                                                                     (Stamp)
           (') Delete where inapplicable.