CELEX: 31993R1215
Language: en
Date: 1993-05-19
Title: Commission Regulation (EEC) No 1215/93 of 18 May 1993 opening a standing invitation to tender in Belgium, Germany, Spain, France and Italy for the free supply of common wheat flour to Albania

No L 123/ 10                              Official Journal of the European Communities                                   19 . 5. 93
                                        COMMISSION REGULATION (EEC) No 1215/93
                                                          of 18 May 1993
                  opening a standing invitation to tender in Belgium, Germany, Spain, France and
                               Italy for the free supply of common wheat flour to Albania
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          Whereas the measures provided for in this Regulation are
                                                                     in accordance with the opinion of the Mangement
                                                                     Committee for Cereals,
Having regard to the Treaty establishing the European
Economic Community,
                                                                     HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC) No 1567/92
of 15 June 1992 on a second emergency measure to
supply food products to the population of Albania ('), and
in particular Article 3 thereof,
                                                                                               Article 1
Having regard to Council Regulation (EEC) No 2727/75                Under the conditions laid down in Regulation (EEC)
of 29 October 1975 on the common organization of the                 No 1616/92, the Belgian, German, Spanish, French, and
market in cereals (2), as last amended by Regulation (EEC)           Italian intervention agencies shall open a standing invita­
No 1738/92 (3), and in particular Article 7 (6) thereof,            tion to tender for the supply of 15 000 tonnes of common
                                                                    wheat flour as set out in Annex I and in accordance with
                                                                    the provisions of this Regulation.
Whereas Commission Regulation (EEC) No 1616/92 of
24 June 1992 laying down detailed rules applicable to the
free supply of food products to the population of Alba­                                       Article 2
nia ^), as amended by Regulation (EEC) No 2098/92 (*),
provides for allocation of the supply of common wheat
flour pursuant to Council Regulation (EEC) No 1567/92               Tenders shall be for the quantity, in metric tonnes, of
to be made by invitation to tender ; whereas the invita­            common wheat or of durum wheat necessary to cover the
tions to tender for the free supply of processed products           supply, transport and other costs, up to the delivery stage
cover the quantities of basic products to be taken from             provided for, of the entire lot indicated in the notice of
intervention stocks as payment in kind for these supplies           invitation to tender as provided for in Article 14 (2) of
and for the processing, transport and other related costs ;         Regulation (EEC) No 1616/92.
                                                                    The quantity of wheat awarded as payment in kind for the
Whereas a standing invitation to tender should be opened            supply shall be made available, at the successful tenderer's
urgently in five Member States for the supply of 1 5 000            choice, from the intervention stocks designated for this
tonnes of common wheat flour :
                                                                    purpose in the abovementioned notice of invitation to
                                                                    tender.
Whereas tenders may relate to common wheat and durum
wheat ; whereas criteria must therefore be laid down to
determine which is the most favourable tender ; whereas                                       Article 3
to that end tenders should be compared on the basis of
the value of the quantity of the basic product requested as         1 . Notwithstanding Article 12 (3) of Regulation (EEC)
payment in kind ;                                                   No 1616/92 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 1 % for each day of
amount should be deducted from the performance                      delay.
guarantee in certain cases of delayed delivers ;
                                                                    2. The part of the security, referred to in Article 8 of
(') OJ  No L  166,  20. 6. 1992, p. 1 .                             Regulation (EEC) No 1616/92, corresponding to any addi­
(2) OJ  No L  281 , 1 . 11 . 1975, p. 1 .                           tional costs incurred by the Community, pursuant to
O   OJ  No L  180,  1 . 7. 1992, p. 1 .
O   OJ No  L  170,  25. 6. 1992, p. 18.                             Article 9 (2) of that Regulation or to the corresponding
O   OJ No  L 210,   25. 7. 1992, p. 15.                             Articles relating to the other sectors, shall also be forfeit.
 ---pagebreak--- 19. 5. 93                             Official Journal of the European Communities                            No L 123/ 11
3. The provisions of the preceding paragraphs 1 and 2                                      Article 8
shall apply where delivery delay is attributable to the          For the purposes of booking the expenditure by the Euro­
operator.
                                                                 pean Agricultural Guidance and Guarantee Fund
                                                                 (EAGGF), the book value of the products concerned shall
                         Article 4                               be :
1.    The time limit for submission of tenders for the first     Common wheat : ECU 52/tonne
invitation to tender shall be 3 p. m. on 26 May 1993             Durum wheat : ECU 65/tonne .
(Brussels time).
2.    The time limit for submission of tenders for the                                     Article 9
following partial invitation to tender shall expire at 3         When scrutinizing tenders, the Commission departments
p. m. each Wednesday (Brussels time).                            shall determine the value of the quantities of basic
3.    The time limit for submission of tenders of the last       products requested as payment in kind on the basis of the
partial invitation to tender shall expire at 3 p. m. on          intervention price applicable in the month of the last day
9 June 1993 (Brussels time).                                     for submission of tenders. The tender offering the lowest
                                                                 value for the quantity of the basic product requested as
4. Notwithstanding Article 14 of Commission Regula­              payment in kind shall be selected.
tion (EEC) No 1616/92, the intervention agency
concerned shall publish an invitation to tender at least                                  Article 10
three days before the date laid down for the first partial
invitation to tender.                                            The Member States concerned shall take all appropriate
                                                                 measures to ensure that no refund is applied within the
                         Article 5                               framework of the supply, in particular by specifying this
                                                                 on the export licence.
Tenders shall be submitted to the intervention agency
concerned. The intervention agencies concerned shall                                      Article 1 1
forward the tenders to the Commission in accordance
with the schedule specified in Annex II.                         1 . The Member States concerned shall adopt all ad­
                                                                 ditional provisions necessary for implementation of this
                         Article 6                               Regulation.
                                                                 2.    The Member States concerned shall send to the
A specimen of the takeover certificate referred to in
Article 9 (3) of Regulation (EEC) No 1616/92 is given in         Commission all information on the carrying out of the
Annex III hereto.                                                supply, in particular relating to the award of the contract,
                                                                 delivery times and the actual date of takeover by the Alba­
The certificate shall be issued after the goods have been        nian authorities.
taken over.
                                                                                          Article 12
                         Article 7
                                                                 Successful tenderers may take over the goods made avai­
1 . The successful tenderer shall undertake to provide           lable as payment in kind only once the intervention
the Albanian authorities with the documents required for         agency concerned is in possession of all the supporting
the purposes of the supply which shall be specified in the       documents showing that the delivery has been satisfacto­
invitation to tender issued by the intervention agency           rily carried out.
concerned.
                                                                                          Article 13
2. The successful tenderer shall regularly inform the
Albanian authorities, the intervention agency holding the       This Regulation shall enter into force on the day of its
products involved and the Commission of the progress of          publication in the Official Journal of the European
the supply operation as far as the takeover stage.               Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 18 May 1993.
                                                                           For the Commission
                                                                             Rene STEICHEN
                                                                      Member of the Commission
 ---pagebreak--- No L 123/ 12                                Official Journal of the European Communities                                                     19 . 5. 93
                                                                      ANNEX I
             1.    Common wheat flour — Albania
             1.1 . Number of lots :
                   Lot No 1 : 10 000 tonnes to be delivered to Durres (in bags — slung)
                   Lot No 2 : 5 000 tonnes to be delivered to Preveza (Greece) (in bags — slung)
             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 (d))(2)
            1.4. Marking :
                   (a) European flag : OJ No C 114, 29. 4. 1991 (Annex I)
                   (b) and inscriptions in Albanian
                       •COMMON WHEAT FLOUR / EUROPEAN COMMUNITY*
            2.     Conditions of supply
            2.1 . Mobilization of the product : domestic market of the Community
            2.2. Method of transport : by sea (rigged-up vessel);
            2.3. Stage of delivery : free at port of destination ;
            2.4. Deadlines for delivery :
                   Lot No 1 : 30 June 1993.
                   Lot No 2 : 30 June 1993 (3).
                   If no tender is accepted on 27 May 1993 all the above dates are deferred by seven days. This shall also
                   apply if there is no acceptance on 3 June 1993.
            2.5. The wheat shall be delivered by sea in regular instalments in line with a timetable to be agreed with the
                   Albanian authorities. The final date for completion of deliveries shall be 30 June 1993.
           (') The successul tenderer shall submit to the beneficiary a certificate issued by an official authority certifying that, for the
                product to be supplied, the standards relating to radioactivity levels have been complied with in the Member State con­
                cerned. The radioactivity certificate must specify the caesium- 134 and - 137 and iodine-131 contents.
           (2) With a view to possible re-bagging, the successful tenderer shall supply 2 % of empty bags of the same quality as those
                containing the goods, bearing me inscription followed by a capital R\ (Point II.B.2^d), amended by OJ No C 1 35, 26. 5.
                1992, p. 20).
           (3) In agreement with the Greek authorities, in particular the National Foundation for the Reception and Resettlement of
                Repatriated Greeks (NFRRRG).
 ---pagebreak--- 19 . 5 . 93                            Official Journal of the European Communities                                          No L 123/ 13
                                                              ANNEX II
               Standing invitation to tender for the free supply of the common wheat flour to Albania
                                                    (Regulation (EEC) No 1215/93)
                                        KT   ,     ? .    .        Quantity of common wheat       Quantity of durum wheat
                   Tenderer's
                      No
                                         Preferred    to in
                                         as referred to in
                                                                       requiredin askindpayment     requiredin askindpayment
                                       point 1.1 of Annex I                   (tQnnes)                     (tonnes)
                       12                                                         3                            4
                       1
                       2
                       3
                       4
                      etc .
                                                              ANNEX III
                                                             Delivery by sea
                                                     TAKEOVER CERTIFICATE
            I, the undersigned :
                                                                (name, first name, business name)
            acting on behalf of the Albanian Government, hereby certify that the following goods have been taken over :
                Name of vessel / registration numbers of heavy goods vehicles : .
                Place and date of takeover : .
                Nature of goods :
                Tonnage taken over : .
            Remarks/reservations