CELEX: 31993R2178
Language: en
Date: 1993-08-04 00:00:00
Title: Commission Regulation (EEC) No 2178/93 of 3 August 1993 opening a standing invitation to tender in Belgium, Germany, Greece, Spain, France and Italy for the free supply of common wheat flour to Albania

No L 195/26                             Official Journal of the European Communities                                   4. 8 . 93
                                     COMMISSION REGULATION (EEC) No 2178 /93
                                                        of 3 August 1993
                  opening a standing invitation to tender in Belgium, Germany, Greece, Spain,
                      France and Italy for the free supply of common wheat flour to Albania
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       Whereas the measures provided for in this Regulation are
                                                                   in accordance with the opinion of the Mangement
                                                                   Committee for Cereals,
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                   HAS ADOPTED THIS REGULATION :
 Having regard to Council Regulation (EEC) No 3106/92
 of 26 October 1992 on emergency action for the supply
 of agricultural products to the people of Albania ('),                                     Article 1
                                                                   Under the conditions laid down in Regulation (EEC)
 Having regard to Council Regulation (EEC) No 1766/92              No 309/93, the Belgian, German, Greek, Spanish, French,
 of 30 June 1992 on the common organization of the
                                                                   and Italian intervention agencies shall open a standing
 market in cereals (2), and in particular Article 5 thereof,
                                                                   invitation to tender for the supply of 30 000 tonnes of
                                                                   common wheat flour as set out in Annex I and in accor­
 Whereas Commission Regulation (EEC) No 309/93 of                  dance with the provisions of this Regulation.
 10 February 1993 laying down detailed rules for the free
 supply of agricultural products held in intervention stocks                                 Article 2
 to the people of Albania pursuant to Council Regulation
 (EEC) No 3106/92 (3), provides for allocation of the supply
 of cereals pursuant to Council Regulation (EEC)                   Tenders shall be for the quantity, in metric tonnes, of
 No 3106/92 to be made by invitation to tender ; whereas           common wheat or of durum wheat necessary to cover the
 the invitations to tender for the free supply of processed        supply, transport and other costs, up to the delivery stage
 products cover the quantities of basic products to be             provided for, of the entire lot indicated in the notice of
 taken from intervention stocks as payment in kind for             invitation to tender as provided for in Article 1 5 of Regu­
                                                                   lation (EEC) No 309/93 .
 these supplies and for the processing, transport and other
 related costs ;
                                                                   The quantity of wheat awarded as payment in kind for the
                                                                   supply shall be made available, at the successful tenderer's
Whereas a standing invitation to tender should be opened           choice, from the intervention stocks designated for this
 urgently in six Member States for the supply of 30 000            purpose in the abovementioned notice of invitation to
 tonnes of common wheat flour ;                                    tender.
                                                                   The tender security shall be set at ECU 15 per tonne.
Whereas tenders may relate to common wheat and durum
wheat ; whereas criteria must therefore be laid down to
determine which is the most favourable tender ; whereas                                     Article 3
to that end tenders should be compared on the basis of
the value of the quantity of the basic product requested as        1 . For possible late deliveries Article 13 (4) of Regula­
payment in kind ;                                                  tion (EEC) No 309/93 applies.
                                                                   2. Notwithstanding Article 1 1 (3) of Regulation (EEC)
Whereas experience has shown the need to be sure that              No 309/93, the basic product awarded will not be made
the scheduling of deliveries is respected ; whereas, there­        available until the original of the takeover certificate
fore an amount should be deducted from the performance             referred to in Article 10 (2) of Regulation (EEC)
guarantee in certain cases of delayed delivery ;                   No 309/93 has been presented.
Whereas the common wheat flour for this emergency                                           Article 4
operation must arrive within the deadline which has been
set ; whereas, therefore, the basic product awarded in             1.    The time limit for submission of tenders for the first
return should not be made available to the successful              invitation to tender shall be 3 p.m. on 11 August 1993
tenderer until the takeover certificate has been presented ;       (Brussels time).
                                                                   2.    The time limit for submission of tenders for the
(') OJ No L 312, 29. 10. 1992, p. 2.
(2) OJ No L 181 , 1 . 7. 1992, p. 21 .                             following partial invitation to tender shall expire at 3
0 OJ No L 36, 12. 2. 1993, p. 30.                                  p. m . each Wednesday (Brussels time).
 ---pagebreak--- 4. 8 . 93                              Official Journal of the European Communities                           No L 195/27
3.     The time limit for submission of tenders of the last      (EAGGF), the book value of the products concerned shall
partial invitation to tender shall expire at 3 p. m. on          be :
25 August 1993 (Brussels time).                                  — common wheat : ECU 52/tonne,
4. The intervention agency concerned shall publish an            — durum wheat : ECU 65/tonne .
invitation to tender at least three days before the date laid
down for the first partial invitation to tender.                                           Article 9
                                                                 When scrutinizing tenders, the Commission departments
                          Article 5                              shall determine the value of the quantities of basic
                                                                 products requested as payment in kind on the basis of the
Tenders shall be submitted to the intervention agency            intervention price applicable in the month of the last day
concerned. The intervention agencies concerned shall             for submission of tenders. The tender offering the lowest
forward the tenders to the Commission in accordance
                                                                 value for the quantity of the basic product requested as
with the schedule specified in Annex II.                         payment in kind shall be selected.
                          Article 6                                                       Article 10
A specimen of the takeover certificate referred to in            The Member States concerned shall take all appropriate
Article 10 (2) of Regulation (EEC) No 309/93 shall be            measures to ensure that no refund is applied within the
issued after the goods have been taken over.                     framework of the supply, in particular by specifying this
                                                                 on the export licence.
                          Article 7
                                                                                          Article 11
1 . The successful tenderer shall undertake to provide
the Albanian authorities with the documents required for
                                                                  1 . The Member States concerned shall adopt all ad­
the purposes of the supply which shall be specified in the       ditional provisions necessary for implementation of this
                                                                 Regulation.
invitation to tender issued by the intervention agency
concerned.                                                       2.    The Member States concerned shall send to the
                                                                 Commission all information on the carrying out of the
2. The successful tenderer shall regularly inform the            supply, in particular relating to the award of the contract,
Albanian authorities, the intervention agency holding the        delivery times and the actual date of takeover by the
products involved and the Commission of the progress of          Albanian authorities.
the supply operation as far as the takeover stage.
                                                                                          Article 12
                          Article 8
                                                                 This Regulation shall enter into force on the day of its
For the purposes of booking the expenditure by the Euro­         publication in the Official Journal of the European
pean Agricultural Guidance and Guarantee Fund                    Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 3 August 1993.
                                                                          For the Commission
                                                                             Rene STEICHEN
                                                                      Member of the Commission
 ---pagebreak--- No L 195/28                              Official Journal of the European Communities                                                       4. 8 . 93
                                                                   ANNEX I
           1.     Common wheat flour — Albania
           1.1 . Number of lots : six
                  Lot No 1 : 5 000 tonnes to be delivered to Durres (in bags — slung)
                  Lot No 2 : 5 000 tonnes to be delivered to Durres (in bags — slung)
                  Lot No 3 : 5 000 tonnes to be delivered to Durres (in bags — slung)
                  Lot No 4 : 5 000 tonnes to be delivered to Durres (in bags — slung)
                  Lot No 5 : 5 000 tonnes to be delivered to Durres (in bags — slung)
                  Lot No 6 : 5 000 tonnes to be delivered to Durres (in bags — slung)
           1.2. Characteristics and quality of the goods ('): OJ No C 114, 29. 4. 1991 (point II.B.l (a))
           1.3. Packaging : OJ No C 114, 29. 4. 1991 (point II.B.2 (d))(2)
           1 .4. Marking :
                  (a) European flag : OJ No C 114, 29. 4. 1991 (Annex I)
                  (b) and inscriptions in Albanian
                      'COMMON WHEAT FLOUR / EUROPEAN COMMUNITY'
           2.     Conditions of supply
           2.1 . Mobilization of the product : domestic market of the Community
           2.2. Method of transport : by sea (rigged-up vessel) ;
           2.3. Stage of delivery : cif (ex-ship) port of landing ;
           2.4. Deadlines for delivery :
                  Lot No 1 : 7 September 1993
                  Lot No 2 : 17 September 1993
                  Lot No 3 : 28 September 1993
                  Lot No 4 : 8 October 1993
                  Lot No 5:19 October 1993
                  Lot No 6 : 29 October 1993
                  If no tender is accepted on 11 August 1993 all the above dates are deferred by seven days. This shall
                  also apply if there is no acceptance on 18 August 1993.
          2.5. The wheat shall be delivered by sea in regular instalments in line with a timetable to be agreed with the
                  Albanian authorities. The final date for completion of deliveries shall be 30 October 1993.
          (') The successul tenderer shall submit to the beneficiary a certificate issued by an official authority certifying that, for the
               product to be supplied, the standards relating to radioactivity levels have been complied with in the Member State
              concerned. The radioactivity certificate must specify the caesium-134 and - 137 and iodine-131 contents.
          (2) With a view to possible re-bagging, the successful tenderer shall supply 2 % of empty bags of the same quality as those
              containing the goods, bearing the inscription followed by a capital 'R\ (Point II.B.2 (d), amended by OJ No C 135,
              26. 5. 1992, p. 20).
 ---pagebreak--- 4. 8 . 93                      Official Journal of the European Communities                                     No L 195/29
                                                        ANNEX II
          Standing invitation to tender for the free supply of the common wheat flour to Albania
                                              (Regulation (EEC) No 2178/93)
             m   «   »
                                XT   ,      t i «
                                Number of the lot
                                                            Quantity• ofi common wheat Quantity
                                                                                              - %
                                                                                                 of durum wheat
             Tenderers                 ,     t „               required as payment       required as payment
                XT               as referred to in                     • i • j                  • i • j
                No               •      * £ A        T                 m kind                   in kind
                               point 1.1 of Annex I                    (tonnes)                 (tonnes)
                 1                        2                                3                        4
                 1
                 2
                 3
                 4
                etc.