CELEX: 31991R2433
Language: en
Date: 1991-08-10 00:00:00
Title: Commission Regulation (EEC) No 2433/91 of 8 August 1991 laying down detailed rules for the supply of pasta as urgent aid for the people of the Soviet Union provided for by Council Regulation (EEC) No 598/91

10. 8. 91                             Official Journal of the European Communities                             No L 222/ 15
                                     COMMISSION REGULATION (EEC) No 2433/91
                                                      of 8 August 1991
                  laying down detailed rules for the supply of pasta as urgent aid for the people of
                       the Soviet Union provided for by Council Regulation (EEC) No 598/91
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       Regulation (EEC) No 1676/85 on the value of the unit of
                                                                   account and the conversion rates to be applied for the
                                                                   purposes of the common agricultural policy (4), as last
  Having regard to the Treaty establishing the European            amended by Regulation (EEC) No 3237/90 (*) ;
  Economic Community,
                                                                   Whereas, the appropriate communications to assure the
 Having regard to Council Regulation (EEC) No 598/91 of            best monitoring of operations until the taking-over by the
 5 March 1991 on urgent action for the supply of agricul­          agency or enterprise charged with the dispatch to the
 tural products intended for the people of the Soviet              destination should be provided for ;
 Union ('), and in particular Article 5 thereof,
                                                                   Whereas the measures provided for in this Regulation are
 Having regard to Council Regulation (EEC) No 1676/85              in accordance with the opinion of the Committee fore­
 of 11 June 1985 on the value of the unit of account and           seen in Article 5 (2) of Regulation (EEC) No 598/91 ,
 the conversion rates to be applied for the purposes of the
 common agricultural policy (2), as last amended by Regu­
 lation (EEC) No 2205/90 (3), and in particular Article 2 (4)
 thereof,
                                                                   HAS ADOPTED THIS REGULATION :
 Whereas Regulation (EEC) No 598/91 provides for urgent
 action for the supply of agricultural products intended for                                 Article 1
 the people of the Soviet Union ; whereas that country has
 requested the supply of pasta ; whereas this request should
be granted ;                                                       1 . Pursuant to Regulation (EEC) No 598/91 , a proce­
                                                                   dure is hereby initiated for invitations to tender for the
                                                                   manufacture of 19 separate lots of pasta, each lot being
Whereas, taking into consideration the particular require­         500 tonnes, in accordance with the conditions laid down
 ments of the supply as regards transport and distribution         in this Regulation.
 to the destination, the costs concerning the manufacture
of the products should be determined separately, by
tender, in order to organize subsequently the dispatch of         2.     Each delivery shall comprise :
the products to the institutions and organizations benefi­        (a) the manufacture in the Community of one 500 tonne
ciary ;                                                                lot of pasta in accordance with point 1 of Annex I.
Whereas it is necessary to determine the conditions for                The goods are to be packed and labelled in confor­
tendering the attribution of the supply 'contract' and the             mity with the provisions of Annex I.
obligations of the tenderers responsible for the manufac­
ture of the products ;                                                 The manufacture and packaging of the goods covered
                                                                       by the tender has to be accomplished by the date
                                                                       indicated in Annex III ;
Whereas pursuant to Article 2 (4) of Regulation (EEC) No
598/91 the goods delivered do not qualify for export              (b) the storage, at the manufacturers expense, of goods at
refunds and are not subject to monetary compensatory                   the disposal of the organization designated by the
amounts ;                                                              Commission until
                                                                  (c) the undertaking to expedite as far as possible the
Whereas, for the purposes of determining the supply costs              manufacture of the amounts of goods tendered with a
and the securities to be lodged, and in order to avoid
                                                                       view to completing its manufacture and take-over by
market distortions as a result of monetary factors, provi­             dates before those specified above, at the request of
sion should be made for the use of the representative                  the organization designated by the Commission.
market rates referred to in Article 3a of Commission
Regulation (EEC) No 3152/85 of 11 November 1985
laying down detailed rules for the application of Council         3. The goods referred to in paragraph 2 shall not be
                                                                  delivered under the inward processing arrangements.
(') OJ No L 67, 14. 3. 1991 , p. 19.
(2) OJ No L 164, 24. 6. 1985, p. 1 .                              (4) OJ No L 310, 21 . 11 . 1985, p. 1 .
(3) OJ No L 201 , 31 . 7. 1990, p. 9.                             0 OJ No L 310, 9. 11 . 1990, p. 18.
 ---pagebreak---   No L 222/ 16                         Official Journal of the European Communities                                  10. 8 . 91
                           Article 2                                                        Article 5
                                                                                         /
  1 . Tenders shall be sent by written telecommunication          1.    On the basis of the tenders received :
 to the following address :
                                                                  — the delivery shall be awarded to the tenderer whose
 Commission of the European Communities,                              tender quotes the lowest amounts,
  DG VI-H-2, Bilateral matters,
                                                                  — or, where necessary, no award shall be made, in parti­
 200, rue de la Loi,
                                                                      cular where the tenders submitted exceed the prices
  Loi 130 6/77,
                                                                      normally obtaining on the market,
  B-1040 Brussels ;
 (telex : 22037 AGREC B ; fax : 32 2 235 93 06)                  Where several tenders specify the same amount adjusted
                                                                  according to paragraph 2, lots shall be drawn to determine
 2. Tenders must be lodged in their entirety before               the tender to be accepted.
 12.00 noon (Brussels time) on 19 August 1991 .
                                                                  2. For the comparison of the tenders, the accession
                           Article 3                             compensatory amounts shall be deducted.
 1 . Each tender shall refer to one lot of 500 tonnes (net        3.    Within five working days following the closing date
 weight of goods).                                               for submission of tenders, the Commission shall inform
                                                                 all tenderers by written telecommunication of the
 2. Tenders shall be valid only if they indicate the             outcome of the tendering procedure. Where an award is
 following :                                                     made the successful tenderer shall be informed thereof
                                                                 immediately by written telecommunication.
 (a) the precise reference to the invitation to tender ;
 (b) the name and address and in particular telex/telefax
     numbers of the tenderer established in the Commu­                                      Article 6
     nity ;
                                                                 The tendering security provided for in Article 3 (2) (g)
(c) the number of the lots tendered for and the net weight       shall be released without delay :
     tendered ;
(d) the amount in ecus per tonne of goods offered ;              — if a tender is not accepted or if no award is made,
(e) the exact address of the place of manufacture and            — for the successful tenderer when proof is provided of
     packaging ;                                                      the lodging of delivery security in accordance with
                                                                     Article 7.
(f) the exact address of the storehouse at which the goods
     are to be placed at disposal in conformity with Article
     1 (2) (b); tenders should indicate only one storage                                    Article 7
     facility.
     Tenders shall be accompanied by :                           Within five working days of being notified that he has
(g) proof that the tenderer has lodged the tendering secu­       been awarded the delivery contract, the successful
     rity referred to in Article 4 before the expiry of the      tenderer shall provide the organization indicated in
     deadline for submission of tenders. This proof shall be     Article 8 with proof that a delivery security amounting to
     furnished by means of a document issued by the              ECU 50 000 has been lodged for each lot.
     guarantor.
                                                                 This delivery security shall be constituted in the form of
3.     A tender which contains conditions other than those       sureties issued by a credit institution approved by a
laid down by this Regulation shall not be valid.                 Member State. It must be provided for a period of at least
                                                                 four months. The proof shall be furnished by means of a
4.     No tender may be changed or withdrawn.                    document issued by the guarantor.
                                                                 The delivery security shall be released in conformity with
                          Article 4                              Article 10 (4).
1 . The tendering security shall be fixed at ECU 15 per
tonne of goods.                                                                            Article 8
2. The tendering security shall take the form of sureties        1 . Before the date specified in Annex III for the lot
in favour of the Commission issued by a credit institution       concerned, the successful tenderer shall present a demand
approved by a Member State.                                      for payment for the supply to the organization designated
                                                                by the Member State in which the storehouse of supply
The tendering security must be provided for a period of at       referred to in Article 3 (2) (f) is situated, accompanied by
least one month.                                                the following :
The tendering security can be released solely at the initi­     (a) proof of lodgement of a payment security in the form
ative of the Commission. It shall be released or payable in          of sureties in favour of the forementioned organization
conformity with Article 6.                                           issued by a credit institution approved by a Member
 ---pagebreak---  10. 8. 91                             Official Journal of the European Communities                            No L 222/ 17
     State, provided for a period of at least two months.        was made available in accordance with his obligations and
     The proof shall be furnished by means of a document         will obtain release of the payment security on foot of this
     issued by the guarantor ;                                   certification. Similarly, the organization responsible for
                                                                 payment shall, after consultation with the Commission,
(b) certification made by the organization referred to in
     Article 9, on completion of the checks carried out ;
                                                                 make appropriate measures as regards the destination of
                                                                 the goods.
(c) certification that the products were available by the
     production deadline referred to in Annex III. Payment       3. The payment security shall be released for quantities
     shall be made for the quantity of product (net weight)      for which the tenderer's obligations have been fulfilled.
     referred to in the certificate.                             The quantities supplied shall be deemed satisfactory
                                                                 where the net weight is not less than by more than 1 %
 2.    The payment security provided for in paragraph 1          of the intended quantity.
shall be 110 % of the amount of the offer for the relevant
lot.                                                             4. The supply security foreseen in Article 5 shall be
                                                                 released on provision of proof of the establishment of the
                                                                 payment security in accordance with Article 8.
                          Article 9
                                                                 5.    Securities shall be released at once in the case of
The manufacture and packaging of the goods shall be the          force majeure.
subject of a control to be carried out by the organization
designated by the Member State within which lies the                                      Article 11
place of manufacture and packaging.
                                                                 The conversion rates to be used for payment of tenders
For this purpose the successful tenderer shall inform this       and for tendering and delivery securities shall be the
organization and the Commission of the places and                representative market rates referred to in Article 3a of
period of manufacture and of packaging of the goods, at          Regulation (EEC) No 3152/85, valid on the final date for
least five days in advance as well as the address of the         submission of tenders.
storehouse mentioned in Article 3 (2) (f) at which goods
are kept at disposal.                                                                     Article 12
Following controls, the organization shall provide a certi­      1.    The Commission shall communicate to the organ­
ficate based on the model in Annex II to this Regulation,        izations mentioned in Articles 8 and 9 the name of the
establishing that the products had been manufactured             successful tenderer and all other necessary information for
according to the terms of this Regulation.                       carrying out delivery.
                          Article 10                             2.    The organizations referred to in paragraph 1 shall
                                                                 communicate to the Commission all information con­
1 . The payment security referred to in Article 8 (1 )           cerning the carrying out of the delivery, in particular the
shall be released without delay when the successful              results of the checks and the conditions of take-over of
tenderer presents the take-over certificate in accordance        the goods.
with the model in Annex II and provided by the body
indicated by the Commission.                                                              Article 13
2. If the product is not taken over by the date indicated        This Regulation shall enter into force on the day
in Annex III, the successful tenderer shall ask the organ­       following its publication in the Official Journal of the
ization responsible for payment to certify that the product      European Communities.-
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 8 August 1991 .
                                                                           For the Commission
                                                                          Jean DONDELINGER
                                                                      Member of the Commission
 ---pagebreak--- No L 222/ 18                          Official Journal of the European Communities                                    10 . 8 . 91
                                                              ANNEX I
             1 . Characteristics of goods to be delivered as urgent aid
                 Pasta made from durum wheat semolina with an ash content less than or equal to 1,1 % and a
                 protein content not less than 10 %, falling within CN codes 1902 19, 1902 20 or 1902 30. For
                 control purposes a tolerance of 3 % of common wheat in the totality of wheat used is permissible.
             2. Additional requirements concerning packaging and labelling
                 (a) the goods must be packaged in packs of minimum 500 grams net weight and maximum 1
                     kilogram net weight ;
                 (b) the goods in packets shall be packed in cartons conforming to the usual standards for exporta­
                     tion and the cartons assembled on pallets ;
                 (c) every single package shall be labelled ' IlOMOmb EC CCCP 598/91 ' as well as the designa­
                     tion 'Food aid of the Community to Soviet Union — Commission Regulation (EEC) No
                     2433/91 ' in one of the official languages of the Member States of the manufacture of the goods.
             This last designation is also appended in block letters in indelible lettering on the cartons in which
             goods are packaged.
 ---pagebreak--- 10. 8. 91                          Official Journal of the European Communities                                    No L 222/19
                                           CERTIFICATE OF TAKE OVER
           The undersigned :
                                               (surname, name, organization)
           acting for                                                                             for the account of
                                                                             certify that the goods described below,
           delivered pursuant to Commission Regulation (EEC) No 2433/91 have been taken over :
          by :
          — Place and date of taking over :
          — Type of goods :
          — Tonnage, (net) weight taken over :
          — Packaging :
          Observations :
                                                            Signature :
                                                            Date :
 ---pagebreak--- No L 222/20                           Official Journal of the European Communities                                   10. 8 . 91
                                                        ANNEX III
                    Final date for manufacture           Final date for goods to be stored Final date for the introduction
     Lot
   numbers        as mentioned in Article 1 (2),           for disposal as mentioned in    of the demand for payment as
                              point 1                          Article 1 (2), point 2        mentioned in Article 8 (1 )
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