CELEX: 31993R0552
Language: en
Date: 1993-03-11 00:00:00
Title: Commission Regulation (EEC) No 552/93 of 10 March 1993 opening a standing invitation to tender for the supply to Lithuania of 12 500 tonnes of bread-making common wheat held by the German intervention agency

No L 58/26                                 Official Journal of the European Communities                                   11 . 3 . 93
                                         COMMISSION REGULATION (EEC) No 552/93
                                                         of 10 March 1993
                   opening a standing invitation to tender for the supply to Lithuania of 12 500
                   tonnes of bread-making common wheat 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 1992 on an emergency measure to supply                    invitation to tender for the supply to Lithuania of bread­
food products to the populations of Estonia, Latvia and               making common wheat 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 common wheat in bulk to be supplied cif
No 1738/92 (3), and in particular Article 7 (6) thereof,             (ex-ship), to the Lithuanian port of Klaipeda.
                                                                      2. The regions in which the 1 2 500 tonnes of bread­
Whereas Commission Regulation (EEC) No 2388/92 (4),                   making common wheat are stored are stated in Annex I
provides that contracts for the supply of cereals under               to this Regulation.
Regulation (EEC) No 2335/92 are to be allocated by
invitation to tender ;
                                                                                                Article 3
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                 provided for in Article 14 of Regulation (EEC) No
common wheat 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 common               2. Notwithstanding Article 1 1 (3) of Regulation (EEC)
wheat held 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 18 March 1993.
0   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.
0   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 1 April 1993.
 ---pagebreak--- 11 . 3. 93                             Official Journal of the European Communities                            No L 58 /27
3 . Notwithstanding Article 14 of Commission                     for supply purposes as specified in the notice of invitation
Regulation (EEC) No 2388/92, the intervention agency             to tender drawn up by the German intervention agency.
concerned shall publish an invitation to tender at least
three days before the date laid down for the first partial       2.    The successful tenderer shall regularly inform the
invitation to tender.                                            Lithuanian authorities, the intervention agency holding
                                                                 the products involved and the Commission of the
                           Article 5
                                                                 progress of the supply operation as far as the takeover
                                                                 stage.
Tenders must be submitted to the German intervention
agency.                                                                                  Article 8
The German intervention agency shall forward tenders to          The Member States concerned shall take all appropriate
the Commission in accordance with the model in Annex             measures to ensure that no refund is applied within the
II hereto.                                                       framework of the supply, in particular by specifying this
                                                                 on the export licence.
                           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 10
                          Article 7
                                                                 This Regulation shall enter into force on the day of its
1 . The successful tenderer shall undertake to provide           publication in the Official Journal of the European
the Lithuanian authorities with the documents required           Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 10 March 1993.
                                                                          For the Commission
                                                                            Rene STEICHEN
                                                                      Member of the Commission
 ---pagebreak--- No L 58/28                       Official Journal of the European Communities                         11 . 3. 93
                                                        ANNEX I
                                                                                 (tonnes)
                                     Place of storage                   Quantity
                            Schleswig-Holstein/Hamburg/
                             Niedersachsen                              12 500
                                                       ANNEX II
           Standing invitation to tender for the supply to Lithuania of 12 500 tonnes of bread-making
                                 wheat held by the German intervention agency
                                             (Regulation (EEC) No 552/93)
                      Tenderer                                                       Supply cost
                      number                          Quantity (tonnes)              applied for
                                                                                    (ECU/tonne)
                         1                                    2                           3
                         1
                         2
                         3
                         4
                        etc .
 ---pagebreak--- 11 . 3 . 93                              Official Journal of the European Communities                                      No L 58/29
                                                               ANNEX III
                                                           SUPPLY BY SEA
                                                   TAKING-OVER CERTIFICATE
            I, the undersigned :
                                                           (surname and first name, or business name)
            acting on behalf of the Lithuanian Government, hereby certify that the goods mentioned below have been
            taken over :
            — Name of vessel :
            — Place and date of taking-over :
            — Product :                                                        I                            .
            — Tonnage taken over :                                                     .
            Remarks or reservations :
                                                               ANNEX IV
                                                        Delivery specifications
            Delivery in bulk, cif (ex-ship) to the Lithuanian port of Klaipeda.
            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 29 and 31 May 1993,
            — or a maximum of two shipments :
                — 6 250 tonnes : to arrive between 29 and 31 May 1993,
                — 6 250 tonnes : to arrive between 5 and 7 June 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 Klaipeda.