CELEX: 31992R2633
Language: en
Date: 1992-09-11 00:00:00
Title: Commission Regulation (EEC) No 2633/92 of 10 September 1992 opening a standing invitation to tender in Greece and in Italy for the free supply of common wheat flour and pasta to the victims of the conflict in what was formerly Yugoslavia (Podgorica and Skopje)

No L 265/22                              Official Journal of the European Communities                                 11 . 9 . 92
                                     COMMISSION REGULATION (EEC) No 2633/92
                                                     of 10 September 1992
                  opening a standing invitation to tender in Greece and in Italy for the free supply
                  of common wheat flour and pasta to the victims of the conflict in what was
                                        formerly Yugoslavia (Podgorica and Skopje)
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                                    Article 1
was formerly Yugoslavia ('),
                                                                   Under the conditions laid down in Regulation (EEC)
 Having regard to Council Regulation (EEC) No 2727/75              No 2344/92, the Greek and Italian intervention agencies
of 29 October 1975 on the common organization of the               shall open a standing invitation to tender for the supply
                                                                   of 828 tonnes of common wheat flour and 114 tonnes of
 market in cereals (2), as last amended by Regulation (EEC)
 No 1738/92 (3), and in particular Article 7 (6) thereof,          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
                                                                   Annex I.
 the conflict in what was formerly Yugoslavia (4) provides
 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         Tenders shall be for the quantity, in metric tonnes, of
stocks as payment in kind for these supplies, and for the          common wheat or of durum wheat necessary to cover the
processing, transport and other related costs ;                    supply, transport and other costs, up to the delivery stage
                                                                   provided for, of the entire lot indicated in the invitation
                                                                   to tender provided for in Article 15 (2) of Regulation
Whereas tenders may relate to common wheat and durum               (EEC) No 2344/92.
wheat ; whereas criteria must therefore be laid down to
determine which is the most favourable tender ; whereas            The quantity of wheat awarded as payment in kind for the
to that end tenders should be compared on the basis of             supply shall be made available, at the successful tenderer's
the value of the quantity of the basic product requested as        choice, from the intervention stocks designated for this
payment in kind ;                                                  purpose in the abovementioned invitation to tender.
                                                                   The tender security shall be set at ECU 15 per tonne.
Whereas it is necessary to ensure that deadlines for de­
livery are complied with ; whereas the appropriate provi­
sions should therefore be laid down concerning the
                                                                                            Article 3
release of delivery securities in the case of late deliveries ;
                                                                   1 . Where the quantities actually supplied during a
Whereas a standing invitation to tender should be opened           one-week period are found to be less than 50 % of the
in two Member States for the supply of 828 tonnes of               quantities to be supplied pursuant to the delivery
common wheat flour and 114 tonnes of pasta to be deli­             schedule laid down in point 3.5 of Annex I, the security
vered to the representatives of the United Nations High            provided for in Article 8 of Regulation (EEC) No 2344/92
Commissioner for Refugees in Podgorica and Skopje ;                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 10 % of the security shall
(2) OJ No L 281 , 1 . 11 . 1975, p. 1 .
0 OJ No L 180, 1 . 7. 1992, p. 1 .                                 be forfeit. Such deliveries shall not be included in s the
b) 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 265/23
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 11 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 11 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 265/24                                Official Journal of the European Communities                                                      11 . 9. 92
                                                                      ANNEX I
          1.    Common wheat flour
          1.1 . Number of lots : 1 lot of 828 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^f))
                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 114 tonnes.
          2.2. Characteristics and quality of the goods :
                OJ No C 114, 29. 4. 1991 (point II.C.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 :
                 Podgorica : Montenegro Red Cross on behalf of the United Nations High Commissioner for Refugees
                                  (UNHCR)
                                  Jovana Tomasevica 6, 81000 Podgorica/Titograd
                                  Tel. 081-41 819
                                  Customs clearance : Jugosped, Terminal Beograd Pos. 6121
                                  Mr Dusan Musicki, Tel. 01 1-64 74 53 / 64 84 53
                 Skopje :         Montenegro Red Cross on behalf of the United Nations High Commissioner for Refugees
                                  (UNHCR)
                                  Koko Raun 13
                                  91000 Skopje
                                  Agent : Mr Ivan Narasanov, Tel. 91-22 24 33, Fax 91-23 05 42
                                  Customs clearance : Makosped
          (') 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 265/25
           3.5. Destinations, quantities and deadlines for supply :
                                                                                                                    (tonnes)
                        Destination                      Podgorica                                 Skopje
                                                                    Common                                  Common
                      Delivery dates             Pasta                                   Pasta
                                                                   wheat flour                             wheat flour
                       29. 9.1992                 20                                       18                   54
                       30. 9.1992                                      40                                       54
                        1.10.1992                                      40
                        2.10.1992                                      40
                        5.10.1992                                      40
                        6. 10. 1992                                    40
                        7.10.1992                                       40
                       19.10.1992                                       40                18
                       20. 10. 1992                                     40
                       21.10.1992                                       40
                       22. 10. 1992               20
                       23.10.1992                                       40
                       26. 10 . 1992                                    40
                       16.11.1992                                       40                18
                       17.11.1992                                       40
                       18.11.1992                                       40
                       19.11.1992                                       40
                       20.11.1992 .               20
                       23.11.1992                                       40
                       24 . 11.1992                                     40
                       25.11.1992                                       40
                                                   60                 720                 54                   108
           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--- No L 265/26                       Official Journal of the European Communities                                    11 . 9 . 92
                                                         ANNEX II
          Standing invitation to tender for the free supply of common wheat flour and pasta to die victims
                                  of the conflict in what was formerly Yugoslavia
                                               (Regulation (EEC) No 2633/92)
                                                                                                         (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--- 11 . 9 . 92                              Official Journal of the European Communities                        No L 265/27
                                                            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.