31992R2631

No L 265/8 11 . 9 . 92 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2631/92 of 10 September 1992 opening a standing invitation to tender in Germany, France and Italy for the free supply of common wheat flour and pasta to the victims of the conflict in what was formerly Yugoslavia (Ljubljana, Zagreb and Split)

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 German, French and Italian intervention of 29 October 1975 on the common organization of the agencies shall open a standing invitation to tender for the market in cereals (2), as last amended by Regulation (EEC) supply of 10 836 tonnes of common wheat flour and 858 No 1738/92 (3), and in particular Article 7 (6) thereof, tonnes of 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 the conflict in what was formerly Yugoslavia (4) provides Annex I. 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 stocks as payment in kind for these supplies, and for the Tenders shall be for the quantity, in metric tonnes, of 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 Whereas tenders may relate to common wheat and durum to tender provided for in Article 15 (2) of Regulation wheat ; whereas criteria must therefore be laid down to (EEC) No 2344/92. determine which is the most favourable tender ; whereas to that end tenders should be compared on the basis of The quantity of wheat awarded as payment in kind for the the value of the quantity of the basic product requested as supply shall be made available, at the successful tenderer's payment in kind ; choice, from the intervention stocks designated for this purpose in the abovementioned invitation to tender. Whereas it is necessary to ensure that deadlines for de­ The tender security shall be set at ECU 15 per tonne. livery are complied with ; whereas the appropriate provi­ sions should therefore be laid down concerning the release of delivery securities in the case of late deliveries ; Article 3

Whereas a standing invitation to tender should be opened 1 . Where the quantities actually supplied during a in three Member States for the supply of 10 836 tonnes of one-week period are found to be less than 50 % of the common wheat flour and 858 tonnes of pasta to be deli­ quantities to be supplied pursuant to the delivery vered to the representatives of the United Nations High schedule laid down in point 3.5 of Annex I, the security Commissioner for Refugees in Ljubljana, Zagreb and provided for in Article 8 of Regulation (EEC) No 2344/92 Split ; 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 1 0 % of the security shall O OJ No L 281 , 1 . 11 . 1975, p. 1 . be forfeit. Such deliveries shall not be included in the (3) OJ No L 180, 1 . 7. 1992, p. 1 . M OJ No L 227, 11 . 8 . 1992, p. 18. deliveries scheduled for the following week.

11 . 9 . 92 Official Journal of the European Communities No L 265/9

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 pean Agricultural Guidance and Guarantee Fund partial invitation to tender shall be 1 1 a.m. on (EAGGF), the book value of the products concerned shall 16 September 1992 (Brussels time). 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 1 1 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 The Member States concerned shall take all appropriate Tenders shall be submitted to the intervention agency 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.

Article7¶

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

No L 265/ 10 Official Journal of the European Communities 11 . 9 . 92

ANNEX I

1 . Common wheat flour 1.1 . Number of lots : 1 lot of 10 836 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.2^0) 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 858 tonnes. 2.2. Characteristics and quality of the goods : OJ No C 114, 29 . 4. 1991 (point ILC.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 : Ljubljana : Slovenia Red Cross, on behalf of the United Nations High Commissioner for Refugees (UNHCR) Warehouse : Smartinska Street 33, Ljubljana Tel. (38) (61 ) 31 25 76 Mr Ivan Hyala Zagreb : UNHCR (United Nations High Commissioner for Refugees) c/o Grafika Zagrebacka 194 41000 Zagreb Agent : Mr Kim Madsen Customs clearance : Intereuropa, Valesajam, Avenija Dubrovnik 2 Agent : Mrs Koka Split : UNHCR (United Nations High Commissioner for Refugees) c/o Adriachem, 58212 Kastel Sucurac, Split Agent : Mr Boi Lan Van Chou Customs clearance : Intereuorpa, Valesajam , Avenija Dubrovnik 2 Agent : Mrs Koka

(') 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.

11 . 9 . 92 No L 265/ 11 Official Journal of the European Communities

3.5. Destinations, quantities and deadlines for supply : (tonnes) Destination Ljubljana Zagreb Split Common wheat Common wheat Common wheat Delivery dates Pasta Pasta Pasta flour flour flour

29. 9. 1 992 13 156 40 140 40 140 30. 9.1992 40 140 40 140 1.10.1992 50 140 50 140 2. 10 . 1992 200 140 5.10.1992 200 160 6. 10 . 1992 200 160 7.10.1992 200 160 8.10.1992 13 156 200 160 9 . 10 . 1992 200 160 12.10.1992 1 20 100 19.10.1992 40 20 40 20 20. 10 . 1992 40 20 40 20 21.10.1992 50 20 50 20 22.10.1992 13 156 23. 10 . 1992 120 100 26.10.1992 120 120 27.10.1992 120 120 28.10.1992 120 120 29. 10. 1992 120 120 30.10.1992 120 120 2.11.1992 120 100 3.11.1992 120 100 4.11.1992 120 100 5. 11.1992 13 156 100 100 6.11.1992 100 100 9. 11.1992 100 100 10.11.1992 100 100 11.11.1992 100 100 12.11.1992 100 100 16.11.1992 40 20 40 20 17.11.1992 40 20 40 20 18.11.1992 50 20 50 20 19. 11.1992 120 100

No L 265/ 12 Official Journal of the European Communities 11 . 9 . 92

(tonnes) Destination Ljubljana Zagreb Split Common wheat Common wheat Common wheat Delivery dates Pasta Pasta Pasta flour ' flour flour

20.11.1992 13 156 120 100

23.11.1992 120 100

24.11.1992 120 100

25.11.1992 120 100

26. 11.1992 120 100

27.11.1992 120 100

30.11.1992 120 100

1.12.1992 120 100

2.12.1992 100 100 —1 " » 3.12.1992 100 100

4.12.1992 13 156 100 100

7.12.1992 100 100

8 . 12. 1992 100 100

9. 12. 1992 100 100

78 936 390 5 220 390 4 680

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.

11 . 9. 92 Official Journal of the European Communities No L 265/ 13

ANNEX II

Standing invitation to tender for the free supply of common wheat flour and pasta to the victims of the conflict in what was formerly Yugoslavia

(Regulation (EEC) No 2631 /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

No L 265/ 14 Official Journal of the European Communities 11 . 9 . 92

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.