31992R3745
24. 12. 92 Official Journal of the European Communities No L 380/33
COMMISSION REGULATION (EEC) No 3745/92 of 23 December 1992 opening a standing invitation to tender in Belgium, Germany, Spain, Greece, France and Italy for the free supply of common wheat flour to Albania
THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas the measures provided for in this Regulation are in accordance with the opinion of the Mangement Committee for Cereals, Having regard to the Treaty establishing the European Economic Community,
HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 1567/92 of 15 June 1992 on a second emergency measure to supply food products to the population of Albania ('), and Article 1 in particular Article 3 thereof, Under the conditions laid down in Regulation (EEC) Having regard to Council Regulation (EEC) No 2727/75 No 1616/92, the Belgian, German, Spanish, French, of 29 October 1975 on the common organization of the Greek and Italian intervention agencies shall open a stan market in cereals (2), as last amended by Regulation (EEC) ding invitation to tender for the supply of 22 000 tonnes No 1738/92 (3), and in particular Article 7 (6) thereof, of common wheat four as set out in Annex I and in accordance with the provisions of this Regulation . Whereas Commission Regulation (EEC) No 1616/92 of Germany shall open a second standing invitation to 24 June 1992 laying down detailed rules applicable to the tender for the intervention on wheat in store at Musselka free supply of food products to the population of Alba naal in the Netherlands . nia ^), as amended by Regulation (EEC) No 2098/92 (*), provides for allocation of the supply of common wheat Article 2 (2) of Regulation (EEC) No 1616/92 notwith flour pursuant to Council Regulation (EEC) No 1567/92 standing, the aforementioned products shall be delivered to be made by invitation to tender ; whereas the invita in the packaging as defined in point 1.3 of Annex I. tions to 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 Article 2 and for the processing, transport and other related costs ; Tenders shall be for the quantity, in metric tonnes, of common wheat or of durum wheat necessary to cover the Whereas tenders may relate to common wheat and durum supply, transport and other costs, up to the delivery stage wheat ; whereas criteria must therefore be laid down to provided for, of the entire lot indicated in the notice of determine which is the most favourable tender ; whereas invitation to tender as provided for in Article 14 (2) of to that end tenders should be compared on the basis of Regulation (EEC) No 1616/92. the value of the quantity of the basic product requested as payment in kind ; The quantity of wheat awarded as payment in kind for the supply shall be made available, at the successful tenderer's Whereas it is necessary to ensure that deadlines for de choice, from the intervention stocks designated for this livery are complied with ; whereas the appropriate pro purpose in the abovementioned notice of invitation to visions should therefore be laid down concerning the tender release of delivery securities in the case of late deliveries ; The tender security shall be set at ECU 15 per tonne. Whereas staggered delivery of lots imposes additional burdens on the recipients and is a hindrance as regards Article 3 other deliveries ; whereas a specific penalty of 1 % of the volume of cereals awarded as payment in kind should be 1 . Where the quantities actually supplied during a imposed, without prejudice to the provisions on security one-week period are found to be less than 50 % of the of Article 8 of Regulation (EEC) No 1616/92 ; quantities to be supplied pursuant to the delivery sched ule laid down in point 2.4 of Annex I, the security Whereas a standing invitation to tender should be opened provided for in Article 8 of Regulation (EEC) No 1616/92 in six Member States for the supply of 22 000 tonnes of shall be forfeit in respect of the quantity not supplied common wheat flour : during the abovementioned period. However, if the operator provides proof that the quantity was delivered during the following week, only 10 % of the security shall (') OJ No L 166, 20. 6. 1992, p. 1 . be forfeit. (2) OJ No L 281 , 1 . 11 . 1975, p. 1 . 0 OJ No L 180, 1 . 7. 1992, p. 1 . (4) OJ No L 170, 25. 6. 1992, p. 18 . 2. The previous paragraph shall apply when the 0 OJ No L 210, 25. 7. 1992, p. 15. operator is responsible for the delay in deliveries.
No L 380/34 Official Journal of the European Communities 24. 12. 92
Article 4 products involved and the Commission of the progress of the supply operation as far as the takeover stage. 1 . The time limit for submission of tenders for the first invitation to tender shall be 11 a.m. on 7 January 1993 Article 8 (Brussels time). For the purposes of booking the expenditure by the Euro 2. The time limit for submission of tenders for the pean Agricultural Guidance and Guarantee Fund following partial invitation to tender shall expire at 11 (EAGGF), the book value of the products concerned shall a. m. each Wednesday (Brussels time). be :
3. The time limit for submission of tenders of the last Common wheat : ECU 52/tonne partial invitation to tender shall expire at 11 a. m . on Durum wheat : ECU 67/tonne. 21 January 1993 (Brussels time).
Article 9 4. Notwithstanding Article 14 of Commission Regula tion (EEC) No 1616/92, the intervention agency When scrutinizing tenders, the Commission departments concerned shall publish an invitation to tender at least shall determine the value of the quantities of basic three days before the date laid down for the first partial products requested as payment in kind on the basis of the invitation to tender. intervention price applicable in the month of the last day for submission of tenders. The tender offering the lowest value for the quantity of the basic product requested as Article 5 payment in kind shall be selected.
Tenders shall be submitted to the intervention agency Article 10 concerned. The intervention agencies concerned shall forward the tenders to the Commission in accordance The Member States concerned shall take all appropriate with the schedule specified in Annex II. measures to ensure that no refund or monetary compen satory amount is applied within the framework of the Article 6 supply, in particular by specifying this on the export licence. A specimen of the takeover certificate referred to in Article 9 (3) of Regulation (EEC) No 1616/92 is given in Article 11 Annex III hereto . 1 . The Member States concerned shall adopt all ad The certificate shall be issued after the goods have been ditional provisions necessary for implementation of this taken over. Regulation .
2. The Member States concerned shall send to the Article 7 Commission all information on the carrying out of the supply, in particular relating to the award of the contract, delivery times and the actual date of takeover by the Alba 1 . The successful tenderer shall undertake to provide nian authorities . the Albanian authorities with the documents required for the purposes of the supply which shall be specified in the invitation to tender issued by the intervention agency Article 12 concerned. This Regulation shall enter into force on the day of its 2. The successful tenderer shall regularly inform the publication in the Official Journal of the European Albanian authorities, the intervention agency holding the Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 23 December 1992.
For the Commission Ray MAC SHARRY Member of the Commission
24. 12. 92 Official Journal of the European Communities No L 380/35
ANNEX I
1 . Common wheat flour 1.1 . Number of lots : Lot No 1 : 5 500 tonnes to be delivered to Durres, Lot No 2 : 5 500 tonnes to be delivered to Preveza, Lot No 3 : 5 500 tonnes to be delivered to Durres, Lot No 4 : 5 500 tonnes to be delivered to Preveza . 1.2. Characteristics and quality of the goods ( l): OJ No C 114, 29. 4. 1991 (point II.B.I (a)). 1.3. Packaging : New jute/polyproplylene mix bags (2). Content 50 kg net-weight. Sacks shall be placed on disposable pallets of appropriate dimensions and each pallet shall be covered with polyetylene netting. 1.4. Marking : European flag : OJ No C 114, 29 . 4. 1991 (Annexes I and II).
Inscriptions in Albanian : 'European Community' (in letters at least 5 cm high) ; 'Common wheat flour' (in letters at least 2,5 cm high). 2. Conditons of supply 2.1 . Mobilization of the product : domestic market of the Member State concerned. 2.2. Mode of transport : by sea (riggeld-up vessel) or, for Greece only, by land. 2.3. Stage of delivery : free at port of destination . 2.4. Deadlines for delivery : ( 1 ) Lot No 1 : 29/30 January 1993, (2) Lot No 2 : 29/30 January 1993, (3) Lot No 3 : 26/27 February 1993, (4) Lot No 4 : 26/27 February 1993. An individual lot must be delivered as a single consignment at the port of destination. If this require ment is not met the intervention agency of the Member State concerned shall impose a penalty of 1 % of the quantity awared as payment in kind. If no tender is accepted on 7 January 1993 all the above dates are deferred by seven days. This shall also supply if there is no acceptance on 14 January 1993. 2.5. At the tender's initiative and on his own responsibility delivery may be brought forward if an earlier schedule for unloading and removal is possible.
(') The successful tenderer shall submit to the authorities referred to in point 2.3 a certificate issued by an official authority certifying that, for the product to be supplied, the standards relating to radioactivity in the Member State concerned have not been exceeded. (2) 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 . (Point II.B.2.d), as amended by OJ No C 135 of 26. 5. 1992, p. 20.
No L 380/36 24. 12. 92 Official Journal of the European Communities
ANNEX II
Standing invitation to tender for the free supply of the common wheat flour to Albania
N h f th 1 Quantity of common wheat Quantity of durum wheat Tenderer'sNo as referred to in• , , , f A I required aspaymentm kin<» requirednIn kind point 1.1 of Annex I (tonnes) (tonnes)
12 3 4
1
2
3
4 etc .
ANNEX III
Delivery by sea
TAKEOVER CERTIFICATE
I, the undersigned : (name, first name, business name)
acting on behalf of the Albanian Government, hereby certify that the following goods have been taken over :
— Name of vessel :
— Place and date of takeover :
— Nature of goods :
— Tonnage taken over :
Remarks/reservations