31992R2798
No L 282/ 10 Official Journal of the European Communities 26 . 9 . 92
COMMISSION REGULATION (EEC) No 2798 /92 of 25 September 1992 opening a standing invitation to tender in Belgium, Germany, France, Greece and Italy for the free supply of common wheat flour and pasta to the victims of the conflict in what was formerly Yugoslavia (Zagreb)
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 Article 1 cultural products to the victims of the conflict in what was formerly Yugoslavia ('), Under the conditions laid down in Regulation (EEC) No 2344/92, the Belgian, German, French, Greek and Italian intervention agencies shall open a standing invita Having regard to Council Regulation (EEC) No 2727/75 tion to tender for the supply of 24 190 tonnes of common of 29 October 1975 on the common organization of the wheat flour and 1 950 tonnes of pasta, as set out in Annex market in cereals (2), as last amended by Regulation (EEC) I and in accordance with the provisions of this Regula No 1738/92 (3), and in particular Article 7 (6) thereof, tion .
Article 2 (2) of Regulation (EEC) No 2344/92 notwith Whereas Commission Regulation (EEC) No 2344/92 of standing, the aforementioned products shall be delivered 10 August 1992 laying down detailed rules applicable to in the packaging as defined in points 1.3 and 2.3 of the free supply of agricultural products to the victims 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 Article 2 made by invitation to tender ; whereas the invitations to tender for the free supply of processed products cover the Tenders shall be for the quantity, in metric tonnes, of quantities of basic products to be taken from intervention common wheat or of durum wheat necessary to cover the stocks as payment in kind for these supplies, and for the supply, transport and other costs, up to the delivery stage processing, transport and other related costs ; provided for, of the entire lot indicated in the notice of invitation to tender provided for in Article 1 5 (2) of Regu lation (EEC) No 2344/92. Whereas tenders may relate to common wheat and durum wheat ; whereas criteria must therefore be laid down to The quantity of wheat awarded as payment in kind for the determine which is the most favourable tender ; whereas supply shall be made available, at the successful tenderer's to that end tenders should be compared on the basis of choice, from the intervention stocks designated for this the value of the quantity of the basic product requested as purpose in the abovementioned notice of invitation to payment in kind ; 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 Article 3 sions should therefore be laid down concerning the 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 quantities to be supplied pursuant to the delivery in five Member States for the supply of 24 190 tonnes of Schedule laid down in point 3.5 of Annex I, the security common wheat flour and 1 950 tonnes of pasta to be deli provided for in Article 8 of Regulation (EEC) No 2344/92 vered to Zagreb ; 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 0 OJ No L 281 , t . 11 . 1975, p. 1 . be forfeit. Such deliveries shall not be included in the (3) OJ No L 180, 1 . 7. 1992, p. 1 . 0 OJ No L 227, 11 . 8 . 1992, p. 18 . deliveries scheduled for the following week.
26 . 9 . 92 Official Journal of the European Communities No L 282/ 11
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 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 11 a.m. on (EAGGF), the book value of the products concerned shall 30 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 21 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 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, 25 September 1992.
For the Commission Ray MAC SHARRY Member of the Commission
No L 282/ 12 Official Journal of the European Communities 26. 9 . 92
ANNEX I
1 . Common wheat flour
1.1 . Number of lots : one lot of 24 190 tonnes
1 .2. Characteristics and quality of the goods (') : OJ No C 114, 29 . 4. 1991 (point II.B.1 (a))
1 .3. Packaging : (a) 12 100 tonnes packed in new jute/polypropylene mix bags ; content 25 or 50 kg net-weight. Sacks shall be placed on disposable pallets of appropriate dimensions and each pallet shall be covered with polyethylene netting. (b) 12 090 tonnes packed in 1 kg white paper sachets suitable for the storage of foodstuffs. The paper must be of a minimum weight of 80 g/m2. If glue is used in making up or sealing the outer packa ging, it must be water-resistant These sachets shall be packed in outer packaging to a maximum weight of 25 kg. This outer packa ging shall be of cardboard or shrink-wrapped polyethylene film of sufficient strength to survive transportation over long distances and under difficult conditions. The outer packaging shall be placed on disposable pallets of appropriate dimensions and each pallet shall be covered with polye thylene netting. 1 .4 Marking : — European flag : OJ No C 114, 29 . 4. 1991 (Annexes I and II). — Bags of 25 or 50 kg net-weight : Inscriptions in Serbo-Croat : 'European Community' (in letters at least 5 cm high) ; 'Humanitarian Aid — Common wheat flour' (in letters at least 2,5 cm high) — 1 kg sachets : Inscriptions in Serbo-Croat : 'European Community' (in letters at least 1 cm high) ; 'Humanitarian Aid — Common wheat flour' (in letters at least 0,5 cm high)
2. Pasta 2.1 . Number of lots : one lot of 1 950 tonnes 2.2. Characteristics and quality of the goods : OJ No C 114, 29 . 4. 1991 (point II.C.l (a))
2.3. Packaging : OJ No C 114, 29 . 4. 1991 (point II.C.2) The cartons must be placed on disposable pallets measuring 110 x 80 cm 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 Community' ; 'Humanitarian Aid — Pasta' (in letters at least 1 cm high on packs 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 : fashwarehouse : Pavillion 7 Zagrebadei Valesajam, avenue Dubrovnik, 41000 Zagreb
(') 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 Member State concerned .
26. 9. 92 Official Journal of the European Communities No L 282/ 13
3.4. Authorities responsible for the takeover : Fulvio Paolini, ECHO Zagreb Hotel I Remetinecka 106 41000 Zagreb 3.5. Delivery schedule : Deliveries shall start on 9 October 1992. However, for flour in sachets of 1 kg and for pasta deliveries start on 26 October 1992. The quantities to be delivered each working day until delivery of the total quantity is achieved are fixed at 360 tonnes for flour and at 40 tonnes for pasta 3.6. Where a tender is not accepted on 30 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., deli veries may be made earlier than provided for in point 3.5.
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 (Zagreb)
(tonnes) Tenderer's Quantity of common wheat Quantity of durum wheat number required as payment in kind required as payment in kind
1 1
2 I
3 I
4 I
5 \
No L 282/ 14 Official Journal of the European Communities 26. 9 . 92
ANNEX III
Take-over 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 take-over :
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.