CELEX: 31993R0188
Language: en
Date: 1993-01-30 00:00:00
Title: Commission Regulation (EEC) No 188/93 of 29 January 1993 opening a standing invitation to tender for the supply to Latvia of 12 500 tonnes of bread-making rye held by the German intervention agency

No L 22/78                                  Official Journal of the European Communities                                   30 . 1 . 93
                                           COMMISSION REGULATION (EEC) No 188/93
                                                           of 29 January 1993
                     opening a standing invitation to tender for the supply to Latvia of 12 500 tonnes
                                 of bread-making rye 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 1991 on an emergency measure to supply                     invitation to tender for the supply to Latvia of bread­
 food products to the populations of Estonia, Latvia and               making rye 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)            bread-making rye in bulk to be supplied cif (ex-ship), to
 No 1738/92 (3), and in particular Article 7 (6) thereof,              the Latvian port of Riga.
                                                                       2. The regions in which the 1 2 500 tonnes of bread­
Whereas Commission Regulation (EEC) No 2388/92 (4),                    making rye are stored are stated in Annex I to this
 provides that contracts for the supply of cereals under               Regulation.
Regulation (EEC) No 2335/92 are to be allocated by
 invitation to tender ;
                                                                                                 Article J
Whereas Commission Regulation (EEC) No 1 570/77 (*),                   1 . Tenders may relate only to the entire lot of 12 500
as last amended by Regulation (EEC) No 606/92 (6), lays                tonnes specified in the notice of invitation to tender
down in particular quality criteria for bread-making rye               provided for in Article 13 of Regulation (EEC) No
accepted for 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 bread-making rye held               2. Notwithstanding Article 11 (3) of Regulation (EEC)
by the 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 ; that therefore an          the percentage forfeit shall amount to 0,1 % for each day
amount should be deducted from the performance                         of delay.
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 other 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 4 February 1993.
(2) 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
(4) OJ  No  L   233, 15. 8. 1992, p. 6.
O   OJ  No  L   174, 14. 7. 1977, p. 18.                               response to the last partial invitation to tender shall be
(6) OJ  No  L   65, 11 . 3. 1992, p. 25.                               11 a.m., Brussels time, on 18 February 1993.
 ---pagebreak--- 30. 1 . 93                             Official Journal of the European Communities                          No L 22/79
3. Notwithstanding Article 14 of Commission                      2. The successful tenderer shall regularly inform the
Regulation (EEC) No 2388/92, the intervention agency             Latvian 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 Latvian 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, 29 January 1993.
                                                                          For the Commission
                                                                            René STEICHEN
                                                                      Member of the Commission
 ---pagebreak--- No L 22/80                        Official Journal of the European Communities                         30. 1 . 93
                                                          ANNEX I
                                                                                     (tonnes)
                                     Place of storrage                      Quantity
                             Schleswig-Holstein/Hamburg                     12 500
                                                         ANNEX II
           Standing invitation to tender (or the supply to Latvia of 12 500 tonnes of bread-making rye
                                     held by the German intervention agency
                                              (Regulation (EEC) No 188/93)
                      Tenderer
                      number
                                                       nQuantity „(tonnes).              Supply cost
                                                                                         applied for
                       U De                                                             (ECU/torine)
                          1                                     2                             3
                          1
                         2
                         3
                         4
                        etc.
 ---pagebreak--- 30 . 1 . 93                            Official Journal of the European Communities                                        No L 22/81
                                                             ANNEX III
                                                         SUPPLY BY SEA
                                                  TAKING-OVER CERTIFICATE
            I, the undersigned :
                                                         (surname and first name, or business name)
            acting on behalf of the Latvian Government, hereby certify that the goods mentioned bslow 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 Latvian port of Riga.
            One lot of 12 500 tonnes which, at the successful tenderer's choice, may be :
            — either one shipment of 12 500 tonnes : to arrive between 1 and 3 March 1993,
            — or a maximum of two shipments :
                — 6 250 tonnes : to arrive between 1 and 3 March 1993,
                — 6 250 tonnes : to arrive between 8 and 10 March 1993.
            An individual lot must be delivered as a single 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 date laid down on the initiative of the successful tenderer and under
            his responsibility if the necessary conditions are met for unloading and removal in the port of Riga.