CELEX: 31992R3000
Language: en
Date: 1992-10-17 00:00:00
Title: Commission Regulation (EEC) No 3000/92 of 16 October 1992 opening a standing invitation to tender in Belgium, Germany, Greece, France and Italy for the free supply of common wheat flour to the victims of the conflict in what was formerly Yugoslavia

No L 301 / 10                            Official Journal of the European Communities                                17. 10. 92
                                        COMMISSION REGULATION (EEC) No 3000/92
                                                       of 16 October 1992
                   opening a standing invitation to tender in Belgium, Germany, Greece, France
                   and Italy for the free supply of common wheat flour to the victims of the
                                          conflict in what was formerly Yugoslavia
 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
 cultural products to the victims of the conflict in what
was formerly Yugoslavia ('),                                                                 Article 1
                                                                    Under the conditions laid down in Regulation (EEC)
 Having regard to Council Regulation (EEC) No 2727/75               No 2344/92, the Belgian, German, French, Greek and
of 29 October 1975 on the common organization of the                Italian intervention agencies shall open a standing invita­
market in cereals (2), as last amended by Regulation (EEC)          tion to tender for the supply of 55 000 tonnes of common
 No 1738/92 (3), and in particular Article 7 (6) thereof,           wheat flour as set out in Annex I and in accordance with
                                                                    the provisions of this Regulation.
Whereas Commission Regulation (EEC) No 2344/92 of                   Article 2 (2) of Regulation (EEC) No 2344/92 notwith­
 10 August 1992 laying down detailed rules applicable to            standing, the aforementioned products shall be delivered
the free supply of agricultural products to the victims of          in the packaging as defined in point 1.3 of Annex I.
the conflict in what was formerly Yugoslavia (4) provides
for allocation of the supply of common wheat flour
pursuant 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
quantities of basic products to be taken from intervention          Tenders shall be for the quantity, in metric tonnes, of
stocks as payment in kind for these supplies, and for the           common wheat or of durum wheat necessary to cover the
processing, transport and other related costs ;                     supply, transport and other costs, up to the delivery stage
                                                                    provided for, of the entire lot indicated in the notice of
                                                                    invitation to tender provided for in Article 15 (2) of Regu­
Whereas tenders may relate to common wheat and durum                lation (EEC) No 2344/92.
wheat ; whereas criteria must therefore be laid down to
determine which is the most favourable tender ; whereas             The quantity of wheat awarded as payment in kind for the
to that end tenders should be compared on the basis of              supply shall be made available, at the successful tenderer's
the value of the quantity of the basic product requested as         choice, from the intervention stocks designated for this
payment in kind ;                                                   purpose in the abovementioned notice of invitation to
                                                                    tender.
Whereas it is necessary to ensure that deadlines for de­            The tender security shall be set at ECU 15 per tonne.
livery are complied with ; whereas the appropriate provi­
sions should therefore be laid down concerning the
release of delivery securities in the case of late deliveries ;                              Article 3
Whereas a standing invitation to tender should be opened            1 . Where the quantities actually supplied during a
in five Member States for the supply of 55 000 tonnes of            one-week period are found to be less than 50 % of the
common wheat flour to be delivered to the representatives           quantities to be supplied pursuant to the delivery
of the United Nations High Commissioner for Refugees                schedule laid down in point 2.4 of Annex I, the security
in Ljublijana, Zagreb, Split, Belgrade, Skopje and Pod­             provided for in Article 8 of Regulation (EEC) No 2344/92
gorica ;                                                            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 10 % of the security shall
(2) OJ  No L 281 ,  1 . 11 . 1975, p. 1 .                           be forfeit. Such deliveries shall not be included in the
(3) OJ  No L  180,  1 . 7. 1992, p. 1 .
O   OJ  No L 227,   11 . 8. 1992, p. 18.                            deliveries scheduled for the following week.
 ---pagebreak---  17. 10. 92                             Official Journal of the European Communities                            No L 301 / 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 1 1 a.m. on 21 October      pean Agricultural Guidance and Guarantee Fund
 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
11 November 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 2.3 of         delivery times and the actual date of takeover by the
Annex I.                                                          authorities referred to in point 2.3 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 2.3 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, 16 October 1992.
                                                                            For the Commission
                                                                             Ray MAC SHARRY
                                                                       Member of the Commission
 ---pagebreak--- No L 301 / 12                                Official Journal of the European Communities                                                           17. 10 . 9:
                                                                       ANNEX I
         1 . Common wheat flour
              1.1 . Number of lots :
                     Lot  No   1:   2 025 tonnes    to be  delivered   to  Ljubijana
                     Lot  No  2:    6 399 tonnes    to be  delivered   to  Zagreb
                     Lot  No  3:  21 870  tonnes    to be  delivered   to  Split
                     Lot  No  4:    7 290 tonnes    to be  delivered   to  Belgrade
                     Lot  No  5:  13 500  tonnes    to be  delivered   to  Belgrade
                     Lot  No  6:    1 620 tonnes    to be  delivered   to  Skopje
                     Lot  No  7:    2 296 tonnes    to be  delivered   to  Podgorica
             1.2. Characteristics and quality of the goods ('):
                    OJ No C 114, 29. 4. 1991 (point II.B.I(a))
             1.3. Packaging :
                    New jute/polypropylene mix bags. Content 50 kg net-weight
                    Sacks shall be placed on disposable pallets of appropriate dimensions and each pallet shall be covered with
                    polyethylene netting
             1 .4. Marking :
                    European flag : OJ No C 114, 29. 4. 1991 (Annexes I and II)
                    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)
       2. Conditions of supply
             2.1 . Mobilization of the product : domestic market of the Member State concerned
             2.2. Stage of delivery : fas warehouse
             2.3. Authorities responsible for the takeover :
                    Ljubljana :    Slovenia Red Cross, on behalf of the United Nations High Commissioner for Refugees
                                   (UNHCR)
                                   Warehouse : Smartinska Street, 33, Ljubijana, tel. (38) (61 ) 312 576)
                                   Agent : Mr Ivan Hyala
                    Zagreb :       United Nations High Commissioner for Refugees (UNHCR), c/o Grafika, Zagrebacka 194,
                                   41000 Zagreb
                                   Agent : Mr Kim Madsen
                                   Custom clearance : Intereuropa, Valesajam, Avenija Dubrovnik 2
                                   Agent : Mrs Koka
                    Split :        United Nations High Commissioner for Refugees (UNHCR), c/o Adriachem, 58812 Kastel
                                   Sucurac, Split
                                   Agent : Mr Boi Lan Van Chon
                                   Custom clearance : Intereuropa, Valesajam, Avenija Dubrovnik 2
                                   Agent : Mrs Koka
                    Belgrade :     Yugoslavia Red Cross on behalf of the United Nations High Commissioner for Refugees
                                   (UNHCR), Simina 19, 1000 Belgrade, tel. (011 ) $21 346 ; fax (011 ) 621 030
                                   Custom clearance : Jugosped, Terminal Beograd Pos. 6121
                                   Agent : Mr Dusan Musicki, tel. (011 ) 648 453
                    Podgorica :    Montenegro Red Cross on behalf of the United Nations High Commissioner for Refugees
                                   (UNHCR), Jovana Tomasevica 6, 81000 Podgorica/Titograd, tel (081 ) 41 819
                                   Custom clearance : Jugosped, Terminal Beograd Pos. 6121
                                   Agent : Mr Dusan Musicki, tel. (011 ) 647 453
                    Skopje :       Montenegro Red Cross on behalf of the United Nations High Commissioner for Refugees
                                   (UNHCR), Koko Raun 13, 91000 Skopje
                                   Agent : Mr Ivan Narasanov, tel. (91 ) 222 433, fax (91) 230 542
                                   Custom clearance : Makosped
       (') The successful tenderer shall submit to the authorities referred to in point 2.3 a certificate issued by an official authority certifying
            that, for the product to be supplied, the standards relating to radioactivity in the Member State concerned have not been excee­
            ded.
 ---pagebreak--- 17. 10. 92                             Official Journal of the European Communities                   No L 301 / 13
           2.4. Destinations, quantities and deadlines for supply :
                                                                                                   (tonnes)
                                         Lot         Lot        Lot     Lot      Lot     Lot      Lot
                     Deadlines                                                  No 5    No 6     No 7
                                        No 1        No 2       No 3    No 4
                     for supply       Ljubljana     Zagreb      Split Belgrade Belgrade Skopje Podgorica
                     2.11.1992             55         174         520    200       328     40       60
                     3.11.1992             55         174         520    200       320     40       60
                     4.11.1992             55         174         520    200       320     40       60
                     5.11.1992             55         174         520    200       320     40       60
                     6. 11.1992            55         174         520    200       320     40       60
                     9.11.1992             55         174         536    200       328     40       60
                    10.11.1992             55         174         520    200       320     40       60
                    11.11.1992             55         174         520    200       320     40       60
                   12.11.1992              55         174         520    200       320     40       60
                   13 . 11.1992            55         174         520    200       320     40       60
                   16.11.1992              55         174         536    200       328     40       60
                   17.11.1992              55         174         520    200       320     40       60
                    18 . 11.1992           55     /   174         520    200       320     40       60
                   19.11.1992              55         174         520    200       320     40       60
                   20.11.19^2              55         174         520    200       320     40       60
                   23.11.1992              55         174         536    200       328     40       60
                   24.11.1992              55         174         520    200       320     40       60
                   25.11.1992              55         174         520    200       320     40       60
                   26.11.1992              55         174         520    200       320     40       60
                   27.11.1992              55         174         520    200       320     40       60
                   30. 11.1992             55         174         536    200       328     40       60
                     1 . 12. 1992          55         174         520    200       320     40       60
                     2.12.1992             55         174         520    200       320     40       60
                     3.12.1992             55         174         520    200       320     40       60
                     4.12.1992             55         174         520    200       320     40       60
                     7. 12. 1992           55         174         536    200       328     40       60
                     8 . 12. 1992          55         174         520    200       320     40       60
                     9 . 12. 1992          55         174         520    200       320     40       60
                    10.12.1992             55         174         520    200       320     40       60
                    11.12. 1992            55         174         520    200       320     60       60
                    14.12.1992             55         174         536    200       328     40       60
                    15.12.1992             55         174         520    200       320     60       60
                    16.12.1992             55         174         520    200       320     40       60
                    17. 12. 1992           55         174         520    200       320     60       60
                    18.12.1992             55         174         520    200       320     40       76
 ---pagebreak--- No L 301 / 14                           Official Journal of the European Communities                                            17. 10 . 92
                                                                                                                         (tonnes)
                                          Lot           Lot         Lot           Lot       Lot           Lot           Lot
                       Deadlines
                                         No 1          No 2       No 3           No 4      No 5          No 6         No 7
                      for supply       Ljubijana      Zagreb       Split       Belgrade   Belgrade      Skopje      Podgorica
                    21.12. 1992             55          110          536           100       328           60             60
                    22.12.1992              45          110          520          100        320           40             60
                    23.12.1992                           89          520            90       320           60             60
                    28.12.1992                                       520                     328
                    29. 12. 1992                                     520                     320
                    30.12.1992                                       479                     328
                    31.12.1992                                       479                     300
                             Total      2 025         6 399      21 870         7 290     13 500        1 620         2 296
           2.5. Where a tender is not accepted on 22 October 1992 the start of the supplies shall be deferred by seven days.
                This deferral is extended for a further seven days each time a tender is not accepted in one of the subse­
                quent tendering procedures. However, deliveries which are not met because of such deferral are to be
                re-scheduled for the period starting on 4 January 1993. They are to be made at the rate initially planned in
                the above table.
           2.6. On the initiative of the tenderer and with agreement of the authorities referred to in point 2.3, deliveries
                may be made earlier than provided for in point 2.4.
                                                               ANNEX II
            Standing invitation to tender for the free supply of common wheat flour to the victims of the
                                            conflict in what was formerly Yugoslavia
                                                    (Regulation (EEC) No 3000/92)
                                                                                                                    (tonnes)
                                       Number of the lot as           Quantity of common           Quantity of durum
                 Tenderer's No        referred to in point 1.1          wheat required as          wheat required as
                                             of Annex I                  payment in kind            payment in kind
                       1
                       2
                       3
                       4
                       5
 ---pagebreak--- 17. 10. 92                                Official Journal of the European Communities                        No L 301 / 15
                                                             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.