31991R2433
10 . 8 . 91 Official Journal of the European Communities No L 222/ 15
COMMISSION REGULATION (EEC) No 2433/91 of 8 August 1991 laying down detailed rules for the supply of pasta as urgent aid for the people of the Soviet Union provided for by Council Regulation (EEC) No 598/91
THE COMMISSION OF THE EUROPEAN COMMUNITIES, Regulation (EEC) No 1676/85 on the value of the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (4), as last Having regard to the Treaty establishing the European amended by Regulation (EEC) No 3237/90 (*) ; Economic Community,
Whereas, the appropriate communications to assure the Having regard to Council Regulation (EEC) No 598/91 of best monitoring of operations until the taking-over by the 5 March 1991 on urgent action for the supply of agricul agency or enterprise charged with the dispatch to the tural products intended for the people of the Soviet destination should be provided for ; Union ('), and in particular Article 5 thereof, Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee fore Having regard to Council Regulation (EEC) No 1676/85 of 11 June 1985 on the value of the unit of account and seen in Article 5 (2) of Regulation (EEC) No 598/91 , the conversion rates to be applied for the purposes of the common agricultural policy (2), as last amended by Regu lation (EEC) No 2205/90 (3), and in particular Article 2 (4) thereof, HAS ADOPTED THIS REGULATION :
Whereas Regulation (EEC) No 598/91 provides for urgent action for the supply of agricultural products intended for Article 1 the people of the Soviet Union ; whereas that country has requested the supply of pasta ; whereas this request should be granted ; 1 . Pursuant to Regulation (EEC) No 598/91 , a proce dure is hereby initiated for invitations to tender for the manufacture of 19 separate lots of pasta, each lot being Whereas, taking into consideration the particular require 500 tonnes, in accordance with the conditions laid down ments of the supply as regards transport and distribution in this Regulation. to the destination, the costs concerning the manufacture of the products should be determined separately, by 2. Each delivery shall comprise : tender, in order to organize subsequently the dispatch of the products to the institutions and organizations benefi (a) the manufacture in the Community of one 500 tonne ciary ; lot of pasta in accordance with point 1 of Annex I.
Whereas it is necessary to determine the conditions for The goods are to be packed and labelled in confor tendering the attribution of the supply 'contract' and the mity with the provisions of Annex I. obligations of the tenderers responsible for the manufac ture of the products ; The manufacture and packaging of the goods covered by the tender has to be accomplished by the date indicated in Annex III ; Whereas pursuant to Article 2 (4) of Regulation (EEC) No 598/91 the goods delivered do not qualify for export (b) the storage, at the manufacturers expense, of goods at refunds and are not subject to monetary compensatory the disposal of the organization designated by the amounts ; Commission until
(c) the undertaking to expedite as far as possible the Whereas, for the purposes of determining the supply costs manufacture of the amounts of goods tendered with a and the securities to be lodged, and in order to avoid view to completing its manufacture and take-over by market distortions as a result of monetary factors, provi dates before those specified above, at the request of sion should be made for the use of the representative the organization designated by the Commission. market rates referred to in Article 3a of Commission Regulation (EEC) No 3152/85 of 11 November 1985 laying down detailed rules for the application of Council 3. The goods referred to in paragraph 2 shall not be delivered under the inward processing arrangements.
(') OJ No L 67, 14. 3. 1991 , p. 19. (2) OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 310, 21 . 11 . 1985, p. 1 . (3) OJ No L 201 , 31 . 7. 1990, p. 9. 0 OJ No L 310, 9. 11 . 1990, p. 18.
No L 222/ 16 Official Journal of the European Communities 10 . 8 . 91
Article 2 Article 5 / 1 . Tenders shall be sent by written telecommunication 1 . On the basis of the tenders received : to the following address : — the delivery shall be awarded to the tenderer whose Commission of the European Communities, tender quotes the lowest amounts, DG VI-H-2, Bilateral matters, — or, where necessary, no award shall be made, in parti 200, rue de la Loi, cular where the tenders submitted exceed the prices Loi 130 6/77, normally obtaining on the market, B-1040 Brussels ; (telex : 22037 AGREC B ; fax : 32 2 235 93 06) Where several tenders specify the same amount adjusted according to paragraph 2, lots shall be drawn to determine 2. Tenders must be lodged in their entirety before the tender to be accepted. 12.00 noon (Brussels time) on 19 August 1991 . 2. For the comparison of the tenders, the accession Article 3 compensatory amounts shall be deducted.
3 . Within five working days following the closing date 1 . Each tender shall refer to one lot of 500 tonnes (net for submission of tenders, the Commission shall inform weight of goods). all tenderers by written telecommunication of the 2. Tenders shall be valid only if they indicate the outcome of the tendering procedure. Where an award is made the successful tenderer shall be informed thereof following : immediately by written telecommunication. (a) the precise reference to the invitation to tender ; (b) the name and address and in particular telex/telefax numbers of the tenderer established in the Commu Article 6 nity ; The tendering security provided for in Article 3 (2) (g) (c) the number of the lots tendered for and the net weight shall be released without delay : tendered ; (d) the amount in ecus per tonne of goods offered ; — if a tender is not accepted or if no award is made, — for the successful tenderer when proof is provided of (e) the exact address of the place of manufacture and packaging ; the lodging of delivery security in accordance with Article 7. (f) the exact address of the storehouse at which the goods are to be placed at disposal in conformity with Article 1 (2) (b); tenders should indicate only one storage Article 7 facility. Tenders shall be accompanied by : Within five working days of being notified that he has been awarded the delivery contract, the successful (g) proof that the tenderer has lodged the tendering secu tenderer shall provide the organization indicated in rity referred to in Article 4 before the expiry of the Article 8 with proof that a delivery security amounting to deadline for submission of tenders. This proof shall be ECU 50 000 has been lodged for each lot. furnished by means of a document issued by the guarantor. This delivery security shall be constituted in the form of 3. A tender which contains conditions other than those sureties issued by a credit institution approved by a laid down by this Regulation shall not be valid. Member State. It must be provided for a period of at least four months. The proof shall be furnished by means of a 4. No tender may be changed or withdrawn. document issued by the guarantor.
The delivery security shall be released in conformity with Article 4 Article 10 (4).
1 . The tendering security shall be fixed at ECU 15 per tonne of goods. Article 8
2. The tendering security shall take the form of sureties 1 . Before the date specified in Annex III for the lot in favour of the Commission issued by a credit institution concerned, the successful tenderer shall present a demand approved by a Member State. for payment for the supply to the organization designated by the Member State in which the storehouse of supply The tendering security must be provided for a period of at referred to in Article 3 (2) (f) is situated, accompanied by least one month. the following :
The tendering security can be released solely at the initi (a) proof of lodgement of a payment security in the form ative of the Commission. It shall be released or payable in of sureties in favour of the forementioned organization conformity with Article 6. issued by a credit institution approved by a Member
10 . 8 . 91 Official Journal of the European Communities No L 222/ 17
State, provided for a period of at least two months. was made available in accordance with his obligations and The proof shall be furnished by means of a document will obtain release of the payment security on foot of this issued by the guarantor ; certification. Similarly, the organization responsible for payment shall, after consultation with the Commission, (b) certification made by the organization referred to in make appropriate measures as regards the destination of Article 9, on completion of the checks carried out ; the goods. (c) certification that the products were available by the 3. The payment security shall be released for quantities production deadline referred to in Annex III. Payment for which the tenderer's obligations have been fulfilled. shall be made for the quantity of product (net weight) referred to in the certificate. The quantities supplied shall be deemed satisfactory where the net weight is not less than by more than 1 % 2. The payment security provided for in paragraph 1 of the intended quantity. shall be 110 % of the amount of the offer for the relevant lot. 4. The supply security foreseen in Article 5 shall be released on provision of proof of the establishment of the payment security in accordance with Article 8. Article 9 5. Securities shall be released at once in the case of The manufacture and packaging of the goods shall be the force majeure. subject of a control to be carried out by the organization designated by the Member State within which lies the Article 11 place of manufacture and packaging. The conversion rates to be used for payment of tenders For this purpose the successful tenderer shall inform this and for tendering and delivery securities shall be the organization and the Commission of the places and representative market rates referred to in Article 3a of period of manufacture and of packaging of the goods, at Regulation (EEC) No 3152/85, valid on the final date for least five days in advance as well as the address of the submission of tenders. storehouse mentioned in Article 3 (2) (f) at which goods are kept at disposal. Article 12
Following controls, the organization shall provide a certi 1 . The Commission shall communicate to the organ ficate based on the model in Annex II to this Regulation, izations mentioned in Articles 8 and 9 the name of the establishing that the products had been manufactured successful tenderer and all other necessary information for according to the terms of this Regulation. carrying out delivery. Article 10 2. The organizations referred to in paragraph 1 shall communicate to the Commission all information con 1 . The payment security referred to in Article 8 (1 ) cerning the carrying out of the delivery, in particular the results of the checks and the conditions of take-over of shall be released without delay when the successful tenderer presents the take-over certificate in accordance the goods. with the model in Annex II and provided by the body indicated by the Commission. Article 13 2. If the product is not taken over by the date indicated This Regulation shall enter into force on the day in Annex III, the successful tenderer shall ask the organ following its publication in the Official Journal of the ization responsible for payment to certify that the product European Communities.-
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 8 August 1991 .
For the Commission Jean DONDELINGER Member of the Commission
No L 222/ 18 Official Journal of the European Communities 10 . 8 . 91
ANNEX I
1 . Characteristics of goods to be delivered as urgent aid Pasta made from durum wheat semolina with an ash content less than or equal to 1,1 % and a protein content not less than 10 % , falling within CN codes 1902 19, 1902 20 or 1902 30. For control purposes a tolerance of 3 % of common wheat in the totality of wheat used is permissible. 2. Additional requirements concerning packaging and labelling (a) the goods must be packaged in packs of minimum 500 grams net weight and maximum 1 kilogram net weight ; (b) the goods in packets shall be packed in cartons conforming to the usual standards for exporta tion and the cartons assembled on pallets ; (c) every single package shall be labelled ' IlOMOmb EC CCCP 598/91 ' as well as the designa tion 'Food aid of the Community to Soviet Union — Commission Regulation (EEC) No 2433/91 ' in one of the official languages of the Member States of the manufacture of the goods. This last designation is also appended in block letters in indelible lettering on the cartons in which goods are packaged.
10. 8 . 91 Official Journal of the European Communities No L 222/19
CERTIFICATE OF TAKE OVER
The undersigned :
(surname, name, organization)
acting for for the account of certify that the goods described below, delivered pursuant to Commission Regulation (EEC) No 2433/91 have been taken over : by : — Place and date of taking over :
— Type of goods :
— Tonnage, (net) weight taken over :
— Packaging :
Observations :
Signature :
Date :
No L 222/20 Official Journal of the European Communities 10 . 8 . 91
ANNEX III
Final date for manufacture Final date for goods to be stored Final date for the introduction Lot numbers as mentioned in Article 1 (2), for disposal as mentioned in of the demand for payment as point 1 Article 1 (2), point 2 mentioned in Article 8 (1 )
1 ' 2 3 16. 9.1991 30 . 9.1991 20 . 9 . 1991 4 5 IIII 6 - 'll
7 ' I
8 liI 9 llI 10 30.9.1991 15. 10 . 1991 4. 10 . 1991 \ 11 III 12 IIl 13 < 'l
14 ' 15 ll\ 16 7. 10 . 1991 22. 10 . 1991 11.10 . 1991 17 18 Il 19 , \