CELEX: 31993R0216
Language: en
Date: 1993-02-03 00:00:00
Title: Commission Regulation (EEC) No 216/93 of 2 February 1993 opening a standing invitation to tender in Italy for the free supply of medium grain milled rice to Albania

3. 2. 93                                 Official Journal of the European Communities                                 No L 26/5
                                      COMMISSION REGULATION (EEC) No 216/93
                                                       of 2 February 1993
                 opening a standing invitation to tender in Italy for the free supply of medium
                                                  grain milled rice to Albania
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         fore, an amount should be deducted from the perfor­
                                                                    mance guarantee in certain cases of delayed deliveries ;
Having regard to the Treaty establishing the European              Whereas the measures provided for in this Regulation are
Economic Community,                                                 in accordance with the opinion of the Mangement
                                                                    Committee for Cereals,
Having regard to Council Regulation (EEC) No 1567/92
of 15 June 1992 on a second emergency measure to
supply food products to the population of Albania ('), and          HAS ADOPTED THIS REGULATION :
in particular Article 3 thereof,
                                                                                              Article 1
Having regard to Council Regulation (EEC) No 2727/75
of 29 October 1975 on the common organization of the                Under the conditions laid down in Regulation (EEC)
market in cereals (2), as last amended by Regulation (EEC)          No 1616/92, the Italian intervention agency shall open a
No 1738/92 (3), and in particular Article 7 (6) thereof,            standing invitation to tender for the supply of 1 000
                                                                    tonnes of medium grain milled rice as set out in Annex I
                                                                    and in accordance with the provisions of this Regulation.
Having regard to Council Regulation (EEC) No 1418/76
of 21 June 1976 on the common organization of the
market in rice (4), as last amended by Regulation (EEC)                                       Article 2
No 674/92 H, and in particular Article 5 thereof,
                                                                   Tenders shall be for the quantity, in metric tonnes, of
                                                                    paddy rice necessary to cover the supply, transport and
Whereas Commission Regulation (EEC) No 1616/92 of                   other costs, up to the delivery stage provided for, of the
24 June 1992 laying down detailed rules applicable to the           entire lot indicated in the notice of invitation to tender as
free supply of food products to the population of Alba­             provided for in Article 14 (2) of Regulation (EEC)
nia ^, as amended by Regulation (EEC) No 2098/92 Q,                 No 1616/92.
provides for allocation of the supply of common wheat
flour pursuant to Council Regulation (EEC) No 1567/92              The quantity of yaddy rice awarded as payment in kind
to be made by invitation to tender ; whereas the invita­            for the supply shall be made available, at the successful
tions to tender for the free supply of processed products           tenderer's choice, from the intervention stocks designated
cover the quantities of basic products to be taken from             for this purpose in the abovementioned notice of invita­
intervention stocks as payment in kind for these supplies           tion to tender.
and for the processing, transport and other related costs ;
                                                                                              Article 3
Whereas a standing invitation to tender should be opened
urgently in Italy for the supply of 1 000 tonnes of                 1 . Notwithstanding Article 12 (3) of Regulation (EEC)
medium grain milled rice ;                                          No 1616/92 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 ; whereas, there          the percentage forfeit shall amount to 0,1 % for each day
                                                                    of delay.
(') OJ No  L 166, 20. 6. 1992, p. 1 .
(2) OJ No  L 281 , 1 . 11 . 1975, p. 1 .                            2. The part of the security, referred to in Article 8 of
O   OJ No  L 180, 1 . 7. 1992, p. 1 .                               Regulation (EEC) No 1616/92, corresponding to any addi­
(4) OJ No  L 166, 25. 6. 1976, p. 1 .
0   OJ No  L 73, 19. 3. 1992, p. 7.                                 tional costs incurred by the Community, pursuant to
rf OJ No L 170, 25. 6. 1992, p. 18.                                Article 9 (2) of that Regulation or to the corresponding
f) OJ No L 210, 25. 7. 1992, p. 15.                                Articles relating to the other sectors, shall also be forfeit.
 ---pagebreak--- No L 26/6                             Official Journal of the European Communities                                 3 . 2. 93
3. The provisions of the preceding paragraphs shall             products involved and the Commission of the progress of
apply where delivery delay is attributable to the operator.     the supply operation as far as the takeover stage.
                          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
invitation to tender shall be 11 a. m. on 11 February 1993      pean Agricultural Guidance and Guarantee Fund
(Brussels time).                                                (EAGGF), the book value of the products concerned shall
                                                                be :
2.    The time limit for submission of tenders for the
following partial invitation to tender shall expire at 11       Rice : ECU 118,00 per tonne.
a.m. each Thursday (Brussels time).
3.    The time limit for submission of tenders of the last                                Article 9
partial invitation to tender shall expire at 11 a. m. on
25 February 1993 (Brussels time).                               When scrutinizing tenders, the Commission departments
                                                                shall determine the value of the quantities of basic
4. Notwithstanding Article 14 of Commission Regula­             products requested as payment in kind on the basis of the
tion (EEC) No 1616/92, the intervention agency                  intervention price applicable in the month of the last day
concerned shall publish an invitation to tender at least        for submission of tenders. The tender offering the lowest
three days before the date laid down for the first partial      value for the quantity of the basic product requested as
invitation to tender.
                                                                payment in kind shall be selected.
                          Article 5
                                                                                         Article 10
Tenders shall be submitted to the intervention agency
concerned. The intervention agency concerned shall              The Member States concerned shall take all appropriate
forward the tenders to the Commission in accordance             measures to ensure that no refund is applied within the
with the schedule specified in Annex II.                        framework of the supply, in particular by specifying this
                                                                on the export licence.
                          Article 6
                                                                                         Article 11
A specimen of the takeover certificate referred to in
Article 9 (3) of Regulation (EEC) No 1616/92 is given in         1 . The Member States concerned shall adopt all ad­
Annex III hereto.                                               ditional provisions necessary for implementation of this
                                                                Regulation.
The certificate shall be issued after the goods have been
taken over.                                                     2.    The Member States concerned shall send to the
                                                                 Commission all information on the carrying out of the
                          Article 7                             supply, in particular relating to the award of the contract,
                                                                delivery times and the actual date of takeover by the
1 . The successful tenderer shall undertake to provide          Albanian authorities.
the Albanian authorities with the documents required for
the purposes of the supply which shall be specified in the
invitation to tender issued by the intervention agency                                   Article 12
concerned.
                                                                This Regulation shall enter into force on the day of its
2. The successful tenderer shall regularly inform the            publication in the Official Journal of the European
Albanian authorities, the intervention agency holding the        Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 2 February 1993.
                                                                          For the Commission
                                                                            Rene STEICHEN
                                                                      Member of the Commission
 ---pagebreak--- 3 . 2. 93                                   Official Journal of the European Communities                                                     No L 26/7
                                                                   ANNEX I
            1 . Destination : Albania
            2. Product to be mobilized : medium grain milled rice
            3. Characteristics and quality of the goods ('): OJ No C 114, 29. 4. 1991 (point IIA.l.f)
            4. Total quantity : 1 000 tonnes (in bags — slung)
            5. Number of lots :
                 Lot No 1 : 500 tonnes to be delivered to Durres
                 Lot No 2 : 500 tonnes to be delivered to Durres
            6. Packaging (2): OJ No C 114, 29. 4. 1991 (point ILA.2(c))
            7. Marking :
                — European flag : OJ No C 114, 29. 4. 1991 (Annex I)
                — Inscriptions in Albanian :
                     'RICE / EUROPEAN COMMUNITY'
            8. Mobilization of the product : Italian domestic market
            9. Method of transport : by sea, by rigged-up vessel (unloading possibly on barges)
          10. Stage of delivery : cif ex-ship port of unloading
          11 . Port of unloading : 1 000 tonnes in Durres
          12. Final date for supply : Durres :
                 Lot No 1 : 1 . 3 . 1993
                 Lot No 2 : 1 . 4. 1993
                 If no bid has been accepted on 1 1 February 1993, the above dates should be postponed by seven days.
                The same should apply if no bid has been accepted on 18 February 1993.
          13. Supply may be made earlier on the successful tenderer's initiative and on his own responsibility if un­
                 loading and port removal conditions in Durres allow.
          (') The successful 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\
               Amended by OJ No C 135, 26. 5. 1992, p. 20.
 ---pagebreak--- No L 26/8                             Official Journal of the European Communities                                    3 . 2. 93
                                                           ANNEX II
          Standing invitation to tender for the free supply of 1 000 tonnes of medium grain milled rice to
                                                             Albania
                                                 (Regulation (EEC) No 216/93)
                                                    Number of the lot            Quantity of paddy rice
                               Tenderer's                                          required as paymfent
                                                     as referred to in
                                  No                                                      in kind
                                                    point 5 of Annex I                    (tonnes)
                                   1                         2                                3
                                   1
                                   2
                                   3
                                   4
                                  etc .
                                                          ANNEX III
                                                         Delivery by sea
                                                 TAKEOVER CERTIFICATE
          I, the undersigned :
                                                            (name, first name, business name)
          acting on behalf of the Albanian Government, hereby certify that the following goods have been taken over :
          — Name of vessel :
          — Place and date of takeover :
          — Nature of goods :
          — Tonnage taken over :
          Remarks/reservations