31992R2633
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) No 2344/92, the Greek and Italian intervention agencies Having regard to Council Regulation (EEC) No 2727/75 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) pasta, as set out in Annex I and in accordance with the No 1738/92 (3), and in particular Article 7 (6) thereof, 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 one-week period are found to be less than 50 % of the Whereas a standing invitation to tender should be opened 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 provided for in Article 8 of Regulation (EEC) No 2344/92 vered to the representatives of the United Nations High shall be forfeit in respect of the quantity not supplied Commissioner for Refugees in Podgorica and Skopje ; 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 . be forfeit. Such deliveries shall not be included in s the 0 OJ No L 180, 1 . 7. 1992, p. 1 . b) 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 265/23
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 8 Article 4 For the purposes of booking the expenditure by the Euro 1 . The time limit for submission of tenders for the first pean Agricultural Guidance and Guarantee Fund partial invitation to tender shall be 11 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 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.
Article5¶
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 licence. tenders to the Commission in accordance with the 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 265/24 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 .
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.
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
(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
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.