CELEX: 31992R2631
Language: en
Date: 1992-09-11 00:00:00
Title: Commission Regulation (EEC) No 2631/92 of 10 September 1992 opening a standing invitation to tender in Germany, France and Italy for the free supply of common wheat flour and pasta to the victims of the conflict in what was formerly Yugoslavia (Ljubljana, Zagreb and Split)

No L 265/8                             Official Journal of the European Communities                                11 . 9. 92
                                     COMMISSION REGULATION (EEC) No 2631/92
                                                    of 10 September 1992
                 opening a standing invitation to tender in Germany, France and Italy for the free
                 supply of common wheat flour and pasta to the victims of the conflict in what
                                 was formerly Yugoslavia (Ljubljana, Zagreb and Split)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      Whereas the measures provided for in this Regulation are
                                                                 in accordance with the opinion of the Management
                                                                 Committee for Cereals,
Having regard to the Treaty establishing the European
Economic Community,
                                                                 HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC) No 2139/92
of 23 July 1992 on urgent action for the supply of agri­
cultural products to the victims of the conflict in what
was formerly Yugoslavia ('),                                                              Article 1
                                                                 Under the conditions laid down in Regulation (EEC)
Having regard to Council Regulation (EEC) No 2727/75             No 2344/92, the German, French and Italian intervention
of 29 October 1975 on the common organization of the             agencies shall open a standing invitation to tender for the
market in cereals (2), as last amended by Regulation (EEC)       supply of 10 836 tonnes of common wheat flour and 858
 No 1738/92 (3), and in particular Article 7 (6) thereof,        tonnes of pasta, as set out in Annex I and in accordance
                                                                 with the provisions of this Regulation.
Whereas Commission Regulation (EEC) No 2344/92 of                Article 2 (2) of Regulation (EEC) No 2344/92 notwith­
 10 August 1992 laying down detailed rules applicable to         standing, the aforementioned products shall be delivered
the free supply of agricultural products to the victims of       in the packaging as defined in points 1.3 and 2.3 of
the conflict in what was formerly Yugoslavia (4) provides        Annex I.
for allocation of the supply of common wheat flour and
pasta under Council Regulation (EEC) No 2139/92 to be
made by invitation to tender ; whereas the invitations to
                                                                                          Article 2
tender for the free supply of processed products cover the
quantities of basic products to be taken from intervention
stocks as payment in kind for these supplies, and for the        Tenders shall be for the quantity, in metric tonnes, of
processing, transport and other related costs ;                  common wheat or of durum wheat necessary to cover the
                                                                 supply, transport and other costs, up to the delivery stage
                                                                 provided for, of the entire lot indicated in the invitation
Whereas tenders may relate to common wheat and durum             to tender provided for in Article 15 (2) of Regulation
wheat ; whereas criteria must therefore be laid down to          (EEC) No 2344/92.
determine which is the most favourable tender ; whereas
to that end tenders should be compared on the basis of           The quantity of wheat awarded as payment in kind for the
the value of the quantity of the basic product requested as      supply shall be made available, at the successful tenderer's
payment in kind ;                                                choice, from the intervention stocks designated for this
                                                                 purpose in the abovementioned invitation to tender.
Whereas it is necessary to ensure that deadlines for de­         The tender security shall be set at ECU 15 per tonne.
livery are complied with ; whereas the appropriate provi­
sions should therefore be laid down concerning the
release of delivery securities in the case of late deliveries ;                           Article 3
Whereas a standing invitation to tender should be opened          1.   Where the quantities actually supplied during a
in three Member States for the supply of 10 836 tonnes of        one-week period are found to be less than 50 % of the
common wheat flour and 858 tonnes of pasta to be deli­           quantities to be supplied pursuant to the delivery
vered to the representatives of the United Nations High          schedule laid down in point 3.5 of Annex I, the security
Commissioner for Refugees in Ljubljana, Zagreb and               provided for in Article 8 of Regulation (EEC) No 2344/92
Split ;                                                          shall be forfeit in respect of the quantity not supplied
                                                                 during the abovementioned period. However, if the
                                                                 operator provides proof that the quantity was delivered
(') OJ No L 214, 30. 7. 1992, p. 8.                              during the following week, only 1 0 % of the security shall
O OJ No L 281 , 1 . 11 . 1975, p. 1 .                            be forfeit. Such deliveries shall not be included in the
(3) OJ No L 180, 1 . 7. 1992, p. 1 .
M OJ No L 227, 11 . 8. 1992, p. 18.                              deliveries scheduled for the following week.
 ---pagebreak--- 11 . 9. 92                            Official Journal of the European Communities                             No L 265/9
2. The previous paragraph shall apply when the                  are specified in the invitation to tender issued by the
operator is responsible for the delay in deliveries.            intervention agency concerned.
                         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
partial invitation to tender shall be 1 1 a.m. on               pean Agricultural Guidance and Guarantee Fund
16 September 1992 (Brussels time).                              (EAGGF), the book value of the products concerned shall
                                                                be :
2.    The time limit for submission of tenders for the          Common wheat : ECU 52/tonne
following partial invitation to tender shall expire at 11       Durum wheat : ECU 67/tonne.
a.m. each Wednesday (Brussels time).
3.    The time limit for submission of tenders for the last                               Article 9
partial invitation to tender shall expire at 1 1 a.m . on
7 October 1992 (Brussels time).                                 When scrutinizing tenders, the Commission departments
                                                                shall determine the value of the quantities of basic
4. Notwithstanding Article 15 of Commission Regula­             products requested as payment in kind on the basis of the
tion (EEC) No 2344/92, the intervention agency                  intervention price applicable during September 1992. The
concerned shall publish an invitation to tender at least        tender offering the lowest value for the quantity of the
three days before the date laid down for the first partial      basic product requested as payment in kind shall be
invitation to tender.                                           selected.
                         Article 5                                                       Article 10
Tenders shall be submitted to the intervention agency           The Member States concerned shall take all appropriate
concerned.                                                      measures to ensure that no refund or monetary compen­
                                                                satory amount is applied within the framework of the
The intervention agencies concerned shall forward the           supply, in particular by specifying this on the export
tenders to the Commission        in accordance with     the     licence.
schedule specified in Annex II.
                                                                                         Article 11
                         Article 6
                                                                 1 . The Member States concerned shall adopt all addi­
                                                                tional provisions necessary for implementation of this
A specimen of the takeover certificate referred to in           Regulation.                                        '
Article 9 (3) of Regulation (EEC) No 2344/92 is given in
Annex III hereto.                                               2.    The Member States concerned shall send to the
                                                                Commission all information on the carrying out of the
The certificate shall be issued after the goods have been       supply, in particular relating to the award of the contract,
taken over by the authorities referred to in point 3.4 of       delivery times and the actual date of takeover by the
Annex I.
                                                                authorities referred to in point 3.4 of Annex I.
                         Article 7                                                       Article 12
The successful tenderer shall undertake to provide the          This Regulation shall enter into force on the day of its
authorities laid down in point 3.4 of Annex I with the          publication in the Official Journal of the European
documents required for the purposes of the supply which          Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 10 September 1992.
                                                                          For the Commission
                                                                           Ray MAC SHARRY
                                                                     Member of the Commission
 ---pagebreak--- No L 265/ 10                                Official Journal of the European Communities                                                      11 . 9. 92
                                                                       ANNEX I
           1.    Common wheat flour
           1.1 . Number of lots : 1 lot of 10 836 tonnes.
           1.2. Characteristics and quality of the goods (') :
                 OJ No C 114, 29. 4. 1991 (point II.B.1.(a))
           1 .3. Packaging :
                 OJ No C 114, 29. 4. 1991 (point II.B.2^0)
                 Sacks shall be placed on disposable palettes of appropriate dimensions and each palette shall be covered
                 with polyethylene netting.
           1 .4. Marking :
                  European flag : OJ No C 114, 29. 4. 1991 (Annexes I and II)
                  Inscriptions in Serbo-Croat : 'European Economic Community' (in letters at least 5 cm high) ; 'Huma­
                                                       nitarian Aid — Regulation (EEC) No 2139/92 — Common wheat flour'
                                                       (in letters at least 2.5 cm high).
           2.    Pasta
           2.1 . Number of lots : 1 lot of 858 tonnes.
           2.2. Characteristics and quality of the goods :
                  OJ No C 114, 29. 4. 1991 (point ILC.1.(a))
           2.3. Packaging :
                  OJ No C 114, 29. 4. 1991 (point II.C.2.)
                 The cartons must be placed on disposable palettes measuring 110 x 80 and secured by polyethylene
                  netting.
           2.4. Marking :
                  European flag : OJ No C 114, 29. 4. 1991 (Annexes I and II)
                  Inscriptions in Serbo-Croat : 'European Economic Community' ; 'Humanitarian Aid — Regulation
                                                       (EEC) No 2139/92' 'Pasta' (in letters at least 1 cm high on packets and
                                                       3 cm high on cartons).
           3.    Conditions of supply
           3.1 . Mobilization of the product : domestic market of the Member State concerned.
           3.2. Method of transport : by road.
           3.3. Stage of delivery : F.A.S. warehouse, unloaded.
           3.4. Authorities responsible for the takeover :
                  Ljubljana : Slovenia Red Cross, on behalf of the United Nations High Commissioner for Refugees
                                   (UNHCR)
                                   Warehouse : Smartinska Street 33, Ljubljana
                                   Tel. (38) (61 ) 31 25 76
                                   Mr Ivan Hyala
                  Zagreb :         UNHCR (United Nations High Commissioner for Refugees)
                                   c/o Grafika
                                   Zagrebacka 194
                                   41000 Zagreb
                                   Agent : Mr Kim Madsen
                                   Customs clearance : Intereuropa, Valesajam, Avenija Dubrovnik 2
                                   Agent : Mrs Koka
                  Split :          UNHCR (United Nations High Commissioner for Refugees)
                                   c/o Adriachem,
                                   58212 Kastel Sucurac, Split
                                   Agent : Mr Boi Lan Van Chou
                                   Customs clearance : Intereuorpa, Valesajam, Avenija Dubrovnik 2
                                   Agent : Mrs Koka
           (') The successful tenderer shall submit to the authorities referred to in point 3.4 a certificate issued by an official authority
               certifying that, for the product to be supplied, the standards relating to radioactivity have not been exceeded by the Mem­
               ber State concerned.
 ---pagebreak--- 11 . 9. 92                            Official Journal of the European Communities                           No L 265/ 11
           3.5. Destinations, quantities and deadlines for supply :
                                                                                                       (tonnes)
                   Destination               Ljubljana                  Zagreb                Split
                                                  Common wheat             Common wheat         Common wheat
                  Delivery dates       Pasta                      Pasta                 Pasta
                                                       flour                   flour                flour
                  29. 9. 1 992          13              156         40           140      40          140
                  30. 9.1992                                        40           140      40          140
                    1.10.1992                                       50           140      50          140
                    2. 10. 1992                                                  200                  140
                    5.10.1992                                                    200                  160
                    6. 10 . 1992                                                 200                  160
                    7.10.1992                                                    200                  160
                    8.10.1992           13              156                      200                  160
                    9 . 10 . 1992                                                200                  160
                   12.10.1992                                                    1 20                 100
                   19.10.1992                                       40             20     40           20
                  20. 10 . 1992                                     40             20     40           20
                  21.10.1992                                        50             20     50           20
                  22.10.1992            13              156
                  23. 10. 1992                                                   120                  100
                  26.10.1992                                                     120                  120
                  27.10.1992                                                     120                  120
                  28.10.1992                                                     120                  120
                  29. 10. 1992                                                   120                  120
                  30.10.1992                                                     120                  120
                    2.11.1992                                                    120                  100
                    3.11.1992                                                    120                  100
                    4.11.1992                                                    120                  100
                    5. 11.1992          13              156                      100                  100
                    6.11.1992                                                    100                  100
                    9. 11.1992                                                   100                  100
                   10.11.1992                                                    100                  100
                   11.11.1992                                                    100                  100
                   12.11.1992                                                    100                  100
                   16.11.1992                                       40             20     40           20
                   17.11.1992                                       40             20     40           20
                   18.11.1992                                       50             20     50           20
                   19. 11.1992                                                   120                  100
 ---pagebreak--- No L 265/ 12                           Official Journal of the European Communities                                           11 . 9 . 92
                                                                                                                     (tonnes)
                    Destination              Ljubljana                    Zagreb                          Split
                                                  Common wheat                Common wheat                  Common wheat
                  Delivery dates       Pasta                        Pasta                         Pasta
                                                       flour '                     flour                          flour
                   20.11.1992           13              156                          120                            100
                   23.11.1992                                                        120                            100
                   24.11.1992                                                        120                            100
                   25.11.1992                                                        120                            100
                   26. 11.1992                                                       120                            100
                   27.11.1992                                                        120                            100
                   30.11.1992                                                        120                            100
                    1.12.1992                                                        120                            100
                    2.12.1992                                                        100                            100
                                       —1 "     »
                    3.12.1992                                                        100                            100
                    4.12.1992            13             156                          100                            100
                    7.12.1992                                                        100                            100
                    8 . 12. 1992                                                     100                            100
                    9. 12. 1992                                                      100                            100
                                        78              936         390           5 220            390           4 680
           3.6. Where a tender is not accepted on 17 September 1992, all the aforementioned dates shall be deferred by
                seven days ; the same deferral shall apply where a tender is not accepted in subsequent tendering proce­
                dures.
           3.7. On the initiative of the tenderer and with the agreement of the authorities referred to in point 3.4 above,
                deliveries may be made earlier than provided for in point 3.5 above.
 ---pagebreak--- 11 . 9. 92                         Official Journal of the European Communities                                  No L 265/13
                                                          ANNEX II
           Standing invitation to tender for the free supply of common wheat flour and pasta to the victims
                                   of the conflict in what was formerly Yugoslavia
                                                (Regulation (EEC) No 2631 /92)
                                                                                                           (tonnes)
                Tenderer's              Quantity of common wheat                 Quantity of durum wheat
                 number                required as payment in kind             required as payment in kind
                    1
                    2
                    3
                    4
                    5
 ---pagebreak--- No L 265/ 14                             Official Journal of the European Communities                        11 . 9 . 92
                                                            ANNEX III
                                                       Takeover Certificate
           I, the undersigned,
                                                         (name, first name, position of authority)
           acting on behalf of
           hereby certify that the following goods have been taken over :
              Product :
              Total quantity : (tonnes)
              Place and date of takeover :
              Rail wagon numbers/registration
              numbers of heavy goods vehicles (')
              Name and address of transport company
                           Name of monitoring agency :
                           Name and signature of its on-the-spot representative :
           Observations or reservations :
                                                                                                   Signature
                                                                                                    (Stamp)
           (') Delete where inapplicable.