31992R3599

15. 12. 92 Official Journal of the European Communities No L 366/5

COMMISSION REGULATION (EEC) No 3599/92 of 11 December 1992 on the supply of white sugar as urgent aid for the people of Albania pursuant to Council Regulation (EEC) No 3106/92

THE COMMISSION OF THE EUROPEAN COMMUNITIES, HAS ADOPTED THIS REGULATION :

Having regard to the Treaty establishing the European Article 1 Economic Community,

1 . A tendering procedure is hereby initiated for the Having regard to Council Regulation (EEC) No 3106/92 award of contracts for the supply pursuant to Regulation of 26 October 1992 on urgent action for the supply of (EEC) No 3106/92 of two lots of 5 000 tonnes of white C agricultural products to the people of Albania ('), and in sugar in accordance with the conditions laid down in this particular Article 5 thereof, Regulation .

2. The supply of each of the two lots shall include : Having regard to Council Regulation (EEC) No 1676/85 of 11 June 1985 on the value of the unit of account and (a) the mobilization of white C sugar produced in the the conversion rates to be applied for the purposes of the Community within the meaning of the sixth subpara­ common agricultural policy (2), as last amended by Regu­ graph of point (c) of Article 24 ( la) of Council Regula­ lation (EEC) No 2205/90 (3), and in particular Article 5 (3) tion (EEC) No 1785/81 (6). thereof, The sugar to be supplied must satisfy the quality and characteristic requirements laid down in Annex I. The Whereas Regulation (EEC) No 3106/92 provides for product must be packed and labelled in accordance urgent action for the free supply of agricultural products with the instructions in that Annex ; intended for the people of Albania ; whereas the Albanian authorities have also requested the supply of white sugar ; (b) transport to the port of Durres at the expense of the whereas this request should be granted ; whereas pursuant successful tenderer, by 7 February 1993 at the latest. to Article 2 of that Regulation suppliers are to be chosen Delivery shall include unloading and placement at the by tendering procedure ; entry of the storehouse at destination.

Whereas it is necessary to determine the conditions for Where the last subparagraph of Article 2 (2) applies, participating in the tendering procedure for the award of transport must be effected by 14 February 1993 at the latest. supply contracts and the obligations of the successful tenderers : Tenderers shall take out at their own expense the appro­ priate insurance to cover the goods up to the delivery Whereas, as regards the securities to be lodged by stage fixed. suppliers, Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products (4), as last amended by Regulation (EEC) Article 2 No 3745/89 0, should apply ; 1 . Tenders shall be transmitted by written telecommu­ nication to the intervention agency of the Member State Whereas the goods delivered do not qualify for export in which the goods are packed and stored prior to ship­ refunds and are not subject to compensatory amounts ; ment .

Whereas the appropriate communications to ensure the 2. Tenders must be lodged in their entirety before optimal monitoring of operations until the taking over at 12.00 noon (Brussels time) on 7 January 1993. destination should be provided for, Where no award is made under Article 5 (1 ), tenders must (») OJ No L 312, 29. 10. 1992, p. 2. be lodged for a second submission before 12.00 noon (2) OJ No L 164, 24. 6. 1985, p. 1 . (Brussels time) on 14 January 1993. (3) OJ No L 201 , 31 . 7. 1990, p. 9. (4) OJ No L 205, 3. 8 . 1985, p. 5. (4 OJ No L 364, 14. 12. 1989, p. 54. (<) OJ No L 177, 1 . 7. 1981 , p. 4.

No L 366/6 15 . 12. 92 Official Journal of the European Communities

Article3¶

1 . On the basis of the tenders received : 1 . Tenders shall be valid only if they :

(a) indicate the precise reference to this Regulation ; — the delivery shall be awarded to the tenderers) whose tenders) quote the lowest amounts ; in the event of equal quotes, awards will be made by drawing lots, (b) indicate the name and address and in particular the telex/telefax number of a tenderer established in the — or, where necessary, no award shall be made, in par­ Community ; ticular where the tenders submitted exceed the prices normally obtaining on the market. (c) cover an entire lot (net weight);

(d) indicate the total amount of the tender, expressed in 2. Within seven working days following the closing ecus per tonne of goods. In addition, the amount shall date for submission of tenders, the Commission shall be broken down to show separately the price offered inform each Member State of the tenders which have for the manufacture and packaging of the goods, and been accepted and of the awards which have not been the transport and other costs (including insurance) made . from the storehouse to the delivery stage referred to at Article 1 (2) (b) ; 3. Within 10 working days following the closing date for submission of tenders, the agency referred to in (e) indicate, for transport by sea, the port of shipment in Article 2 ( 1 ) shall inform all tenderers by written telecom­ the Community ; munication of the outcome of the tendering procedure. Where an award is made, the successful tenderer shall be (f) indicate the exact address of the packaging plant and informed thereof immediately by written telecommunica­ storehouse at which the goods are kept prior to tion . dispatch ;

(g) are accompanied by proof that the tenderer has lodged a tendering security of ECU 20 per tonne in the name Article 6 of the intervention agency in accordance with Title III of Regulation (EEC) No 2220/85. This proof shall be furnished by means of a document issued by the The tendering security provided for in Article 3 ( 1 ) (g) guarantor. shall be released without delay :

— if a tender is not accepted or if no award is made, 2. A tender which is not presented in accordance with this Article or which contains conditions other than those to the successful tenderer when proof is provided of laid down in this Regulation shall not be valid. the lodging of the delivery security in accordance with Article 7 . 3. No tender may be changed or withdrawn .

Article 7 Article 4 Within five working days of being notified of the award of the delivery contract, the successful tenderer shall The competent agencies referred to in Article 2 shall provide the agency indicated in Article 2 with proof that a transmit to the Commission, by written telecommunica­ delivery security amounting to 10 % of the tender tion (telefax 2963305), not later than 24 hours following amount, in accordance with Title III of Regulation (EEC) the closing date fixed for the submission of tenders for No 2220/85, has been lodged in its name. The proof shall each of the two lots, the following information : be furnished by means of a document issued by the guarantor. (a) the number of tenders submitted within the deadline referred to in Article 2 and in accordance with Article 3 ; Article 8 (b) separately and clearly for each tender :

1 . The successful tenderer shall present the application — the total ecu price offered, and the breakdown for payment of the delivery to the intervention agency provided for in Article 3 ( 1 ) (d), referred to in Article 2. — the places of packing and storage prior to dispatch, The application shall be accompanied by : — the business name of the tenderer established in the Community. — the export certificate referred to in Article 12,

15 . 12. 92 No L 366/7 Official Journal of the European Communities

— the customs declarations of exportation, 2. Proof of fulfilment of the obligations relating to the supply shall be given to the agency concerned by pre­ — the transport documents, senting the documents referred to in Article 8 .

— the T 5s, if necessary, 3 . In the event of particular difficulties, the Commis­ — the original of the take-over certificate drawn up in sion shall take the appropriate measures. accordance with the specimen in Annex II and issued by the beneficiary or his representative (Agro Export, Ministry of External Trade, Tirana). Article 11

Where the certificate is not issued by the beneficiary, the 1 . Except in cases of force majeure, the successful Commission shall designate the agency competent to tenderer shall bear all risks which the goods may incur, in issue the certificate in accordance with the specimen particular loss or deterioration as far as the supply stage referred to above . laid down .

2. The payment shall be made for the quantity of 2. In cases of force majeure, the successful tenderer goods (net weight) recorded at the take-over and shall be freed from all or part of his obligations. In such confirmed in the document of conformity provided for in cases, the competent agency responsible for payment shall Article 9 (2). take the appropriate measures after consulting the Commission .

Article 9 Article 12 1 . The goods shall be inspected by the intervention agency of the Member State in which packing and storage Without prejudice to Article 3 (1 ) of Regulation (EEC) are carried out before the consignment indicated by the No 2630/81 (') box 20 (special conditions) of licence ap­ successful tenderer in his offer. The inspection shall plications and export licences for C sugar shall indicate : concern the quantity, the quality, packaging and labelling 'Urgent aid — Regulation (EEC) No 3599/92. Export of the supply. refunds and monetary compensatory amounts are not applicable'. Following inspection, the agency shall issue a certificate of conformity. Article 13 2. An inspection of conformity of the supply as regards quantity, quality, packaging and labelling shall be carried The conversion rates to be used for payment of tenders out in the country of destination by an agency or a and for the tendering and delivery securities shall be the control firm designated by the agency mentioned in para­ agricultural conversion rates in force on the closing date graph 1 in agreement with the successful tenderer. A for submission of tenders. certificate of conformity shall be issued following the inspection and transmitted directly to the intervention agency. Article 14 3. The agencies or control firms responsible for the 1 . Member States shall communicate to the Commis­ inspections shall take separate representative samples, to be retained for the Commission, before loading in the sion all information concerning the carrying out of a de­ Community as well as at the place of destination. livery, in particular the results of the inspections referred to in Article 9, actual delivery schedules and any incidents occurring during delivery. 4. The costs relating to the inspections as well as the cost of samples shall be borne by the successful tenderer. 2. The Commission shall communicate in good time to the competent agencies of the Member States all the information necessary to facilitate the proper execution of Article 10 deliveries .

1 . For the purposes of releasing the delivery security, the primary requirement within the meaning of Article 15 Article 20 of Regulation (EEC) No 2220/85 shall be completion of the delivery in accordance with the condi­ tions laid down . This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities. The quantity delivered shall be considered satisfactory where the net weight when taken over by the beneficiary is not more than 1 % less than the quantity awarded. (') OJ No L 258, 11 . 9. 1981 , p. 16.

No L 366/8 Official Journal of the European Communities 15. 12. 92

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 11 December 1992.

For the Commission Ray MAC SHARRY Member of the Commission

ANNEX I

1 . Characteristics and quality of the goods : white sugar of category 2 standard quality (Council Regula­ tion (EEC) No 793/72 (OJ No L 94, 21 . 4. 1972, p. 1 .)) meeting the requirements set out in Article 3 (3) of Commission Regulation (EEC) No 2103/77 (OJ No L 246, 27. 9 . 1977, p. 12.). The rule provided at the second indent of Article 18 (2) (a) of Regulation (EEC) No 2103/77 is binding for determination of the sugar category.

2. Packaging and marking : new jute bags, with inner polythene bag at least 0.05 mm thick, minimum weight of jute and polythene 420 g, net capacity 50 kilograms. Marking : the European flag (see OJ No C 114, 29 . 4. 1991 , p. 1 , Annexes I and II).

3. Since the goods may be rebagged, the successful tenderer must provide 2 % of empty bags of the same quality as those containing the goods, with the marking followed by a capital 'R\

15. 12. 92 Official Journal of the European Communities No L 366/9

ANNEX II

TAKE-OVER CERTIFICATE

I, the undersigned :

(surname, name, business name)

acting for for the account of

hereby certify that the goods described below, delivered pursuant to Commission Regulation (EEC) No 3599/92 have been taken over :

— Date and place of take-over :

— Type of goods :

— Tonnage (net) weight taken over :

— Packaging :

Observations :

Signature :

Date :