CELEX: 31993R1164
Language: en
Date: 1993-05-14 00:00:00
Title: Commission Regulation (EEC) No 1164/93 of 13 May 1993 opening a standing invitation to tender for the supply to Albania of 40 000 tonnes of bread-making common wheat held in the Rouen region by the French intervention agency

14. 5. 93                                Official Journal of the European Communities                                No L 118/9
                                       COMMISSION REGULATION (EEC) No 1164/93
                                                         of 13 May 1993
                   opening a standing invitation to tender for the supply to Albania of 40 000
                   tonnes of bread-making common wheat held in the Rouen region by the French
                                                       intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         invitation to tender for the supply to Albania of bread­
                                                                    making common wheat held in the Rouen region by the
 Having regard to the Treaty establishing the European              said agency.
 Economic Community,
 Having regard to Council Regulation (EEC) No 1567/92                                         Article 2
 of 15 June 1992 on a second emergency measure for the
 supply of food products to the population of Albania ('),          The invitation to tender shall cover 40 000 tonnes of
                                                                    bread-making common wheat in bulk to be supplied
 Having regard to Council Regulation (EEC) No 2727/75               from a port in the Rouen region, cif (ex-ship), to the
 of 29 October 1975 on the common organization of the               Albanian port of Durres.
 market in cereals (2), as last amended by Regulation (EEC)
 No 1738/92 (3), and in particular Article 7 (6) thereof,
                                                                                              Article 3
Whereas Commission Regulation (EEC) No 1616/92 (4),
 as amended by Regulation (EEC) No 2098/92 (*), provides             1 . Tenders may relate only to the entire lot of 40 000
 that contracts for the supply of cereals under Regulation          tonnes specified in the notice of invitation to tender
(EEC) No 1567/92 are to be allocated by invitation to               provided for in Article 14 of Regulation (EEC) No
 tender ;
                                                                     1616/92, in accordance with the delivery specifications in
                                                                    Annex III hereto.
Whereas Commission Regulation (EEC) No 1 570/77 (6),
 as last amended by Regulation (EEC) No 606/92 Q, lays              2. Notwithstanding Article 11 (3) of Regulation (EEC)
 down in particular quality criteria for bread-making               No 1616/92 when delivery delays occur, for each day of
 common wheat accepted for intervention ;                           delay 0,05 % of the security specified in Article 8 of that
                                                                    Regulation shall be forfeit in respect of the quantities
Whereas a standing invitation to tender should be opened            delivered late. If such delays exceed a period of five days,
 for the supply of an instalment of bread-making common             the percentage forfeit shall amount to 0,1 % for each day
wheat held by the French intervention agency ;                      of delay.
Whereas experience has shown the need to be sure that               3. The part of the security, referred to in Article 8 of
 the scheduling of deliveries is respected ; that therefore an      Regulation (EEC) No 1616/92, corresponding to any
amount should be deducted from the performance                      additional costs incurred by the Community, pursuant to
guarantee in certain cases of delayed deliveries ;                  Article 9 (2) of that Regulation or to the corresponding
                                                                    Articles relating to the other sectors, shall also be forfeit.
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management                    4. The provisions of the preceding paragraphs shall
Committee for Cereals,                                              apply where delivery delay is attributable to the operator.
                                                                                              Article 4
HAS ADOPTED THIS REGULATION :
                                                                    1.    The time limit for the submission of tenders in
                                                                    response to the first partial invitation to tender shall be
                              Article 1                             11 a.m., Brussels time, on 27 May 1993.
On the terms laid down in Regulation (EEC) No 1616/92,              2.    The time limit for the submission of tenders in
the French intervention agency shall open a standing                response to the last partial invitation to tender shall be
                                                                    11 a.m., Brussels time, on 10 June 1993.
(') OJ  No L  166, 20. 6. 1992, p. 1 .
(2) OJ  No L  281 , 1 . 11 . 1975, p. 1 .                           3.    Notwithstanding      Article    14    of    Commission
(3) OJ  No  L 180, 1 . 7. 1992, p. 1 .                              Regulation (EEC) No 1616/92 the intervention agency
(4) OJ  No  L 170, 25. 6. 1992, p. 18 .                             concerned shall publish, at least three days before the date
0   OJ  No  L 210, 25. 7. 1992, p. 15.
(«) OJ  No  L 174, 14. 7. 1977, p. 18.                              laid down for the first partial invitation to tender, a notice
O   OJ  No  L 65, 11 . 3. 1992, p. 25.                              of invitation.
 ---pagebreak--- No L 118/ 10                           Official Journal of the European Communities                                     14. 5. 93
                           Article 5                                    2.   The successful tenderer shall regularly inform the
Tenders must be submitted to the French intervention
                                                                        Albanian authorities, the intervention agency holding the
                                                                        products involved and the Commission of the progress of
agency.                                                                 the supply operation as far as the take-over stage.
The French intervention agency shall forward tenders to
the Commission in accordance with the model in Annex                                              Article 8
I hereto.
                                                                        The Member States concerned shall take all appropriate
                                                                        measures to ensure that no refund is applied within the
                           Article 6                                    framework of the supply, in particular by specifying this
                                                                        on the export licence.
The taking-over certificate referred to in Article 9 (3) of
Regulation (EEC) No 1616/92 shall take the form shown                                            Article 9
in Annex II.
                                                                        For the purposes of entering EAGGF expenditure in the
Certificates shall be issued after unloading of the goods.              accounts, the book value of the product referred to in
                                                                       Article 1 is hereby fixed at ECU 52 per tonne.
                           Article 7
                                                                                                 Article 10
1 . The successful tenderer shall undertake to provide
the Albanian authorities with the documents required for               This Regulation shall enter into force on the day of its
supply purposes as specified in the notice of invitation to            publication in the Official Journal of the European
tender drawn up by the French intervention agency.                      Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 1 3 May 1993.
                                                                                 For the Commission
                                                                                   Rene STEICHEN
                                                                             Member of the Commission
                                                             ANNEX I
                  Standing invitation to tender (or the supply to Albania of 40 000 tonnes of bread-making
                        common wheat held in the Rouen region by the French intervention agency
                                                  (Regulation (EEC) No 1164/93)
                              Tenderer                                                         Supply cost
                                    ,                      Quantity (tonnes)                   applied for
                              number                                                          (ECU/tonne)
                                  1                                2                                3
                                 1
                                 2
                                 3
                                 4
                                etc.
 ---pagebreak--- 14. 5. 93                        Official Journal of the European Communities                                    No L 118/ 11
                                                         ANNEX II
                                                    SUPPLY BY SEA
                                             TAKING-OVER CERTIFICATE
          I, the undersigned :
                                                          (name, first name, business name)
          acting on behalf of the Albanian Government, hereby certify that the goods mentioned below have
          been taken over :
          — Name of vessel :
          — Place and date of taking-over :
          — Product :
          — Tonnage taken over :
          Remarks or reservations :
                                                        ANNEX III
                                                 Delivery specifications
          Delivery in bulk, cif (ex-ship) to the Albanian port of Durres.
          One lot of 40 000 tonnes :
          — The wheat shall be delivered by sea in regular instalments in line with a timetable to be agreed
              with the Albanian authorities, llie final date for completion of deliveries shall be 15 July 1993.