CELEX: 31993R0187
Language: en
Date: 1993-01-30 00:00:00
Title: Commission Regulation (EEC) No 187/93 of 29 January 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 22/74                                  Official Journal of the European Communities                                   30 . 1 . 93
                                            COMMISSION REGULATION (EEC) No 187/93
                                                           of 29 January 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 1991 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 12 500 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
 Wherea? Commission Regulation (EEC) No 1570/77(0,                      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 13 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 4 February 1993.
(2) OJ  No  L   281 , 1 . 11 . 1975, p. 1 .
0   OJ  No  L   180, 1 . 7. 1992, p. 1 .                                2.    The time limit for the submission of tenders in
0   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 18 February 1993.
 ---pagebreak--- 30 . 1 . 93                             Official Journal of the European Communities                            No L 22/75
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
                                                                  progress of the supply operation as far as the takeover
                           Article 5
                                                                  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, 29 January 1993.
                                                                           For the Commission
                                                                             René STEICHEN
                                                                       Member of the Commission
 ---pagebreak--- No L 22/76                         Official Journal of the European Communities                       30 . 1 . 93
                                                          ANNEX I
                                                                                   (tonnes)
                                      Place of storrage                   Quantity
                              Schleswig-Holstein/Hamburg                  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 187/93)
                      Tenderer                                                         SuPP1Y cost
                               „                        Quantity (tonnes)              applied for
                      number                                                          (ECU/tonne)
                           1                                    2                           3
                           1
                          2
                          3
                       -  4
                         etc .
                                                                                         1
 ---pagebreak--- 30. 1 . 93                              Official Journal of the European Communities                                      No L 22/77
                                                              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 :
           — 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 1 2 500 tonnes : to arrive between 1 and 3 March 1 993,
           — or a maximum of two shipments :
               — 6 250 tonnes : to arrive between 1 and 3 March 1993,
               — 6 250 tonnes : to arrive between 8 and 10 March 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.