31993R0262
6. 2. 93 Official Journal of the European Communities No L 30/33
COMMISSION REGULATION (EEC) No 262193 of 5 February 1993 opening a standing invitation to tender for the supply to Lithuania of 25 000 tonnes of bread-making rye held by the German intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES, HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing the European Article 1 Economic Community, On the terms laid down in Regulation (EEC) No 2388/92, the German intervention agency shall open a standing Having regard to Council Regulation (EEC) No 2335/92 invitation to tender for the supply to Lithuania of bread of 7 August 1991 on an emergency measure to supply making rye held by the said agency. food products to the populations of Estonia, Latvia and Lithuania ('), Article 2 Having regard to Council Regulation (EEC) No 2727/75 1 . The invitation to tender shall cover 25 000 tonnes of of 29 October 1975 on the common organization of the market in cereals (2), as last amended by Regulation (EEC) bread-making rye in bulk to be supplied cif (ex-ship), to No 1738/92 (3), and in particular Article 7 (6) thereof, the Lithuanian port of Klaipeda.
2. The regions in which the 25 000 tonnes of bread Whereas Commission Regulation (EEC) No 2388/92 (4), making rye are stored are stated in Annex I to this provides that contracts for the supply of cereals under Regulation. Regulation (EEC) No 2335/92 are to be allocated by invitation to tender ; Article 3 Whereas Commission Regulation (EEC) No 1570/77 (*), 1 . Tenders may relate only to the entire lot of 25 000 as last amended by Regulation (EEC) No 606/92 (% lays tonnes specified in the notice of invitation to tender down in particular quality criteria for bread-making rye provided for in Article 13 of Regulation (EEC) No accepted for intervention ; 2388/92 in accordance with the delivery specifications in Annex IV hereto. Whereas a standing invitation to tender should be opened 2. Notwithstanding Article 11 (3) of Regulation (EEC) for the supply of an instalment of bread-making rye held No 2388/92 when delivery delays occur, for each day of by the German intervention agency ; delay 0,05 % of the security specified in Article 8 of that Regulation shall be forfeit in respect of the quantities Whereas experience has shown the need to be sure that delivered late. If such delays exceed a period of five days, the scheduling of deliveries is respected ; that therefore an the percentage forfeit shall amount to 0,1 % for each day amount should be deducted from the performance of delay. guarantee in certain cases of delayed deliveries ; 3. The part of the security, referred to in Article 8 of Regulation (EEC) No 2388/92, corresponding to any Whereas staggered delivery of lots imposes additional additional costs incurred by the Community, pursuant to burdens on the recipients and is a hindrance as regards Article 9 (2) of that Regulation or to the corresponding other deliveries ; whereas a specific penalty of ECU 2 per Articles relating to the other sectors, shall also be forfeit. tonne should be imposed, without prejudice to the provisions on security of Article 8 of Regulation (EEC) 4. The provisions of the preceding paragraphs shall No 2388/92 ; apply where delivery delay is attributable to the operator
Whereas the measures provided for in this Regulation are Article 4 in accordance with the opinion of the Management Committee for Cereals, 1 . The time limit for the submission of tenders in response to the first partial invitation to tender shall be (') OJ No L 227, 11 . 8 . 1992, p. 2. 11 a. m., Brussels time, on 11 February 1993. 2) OJ No L 281 , 1 . 11 . 1975, p. 1 . 0 OJ No L 180, 1 . 7. 1992, p. 1 . 2. The time limit for the submission of tenders in (4) OJ No L 233, 15. 8 . 1992, p. 6. (0 OJ No L 174, 14. 7. 1977, p. 18 . response to the last partial invitation to tender shall be ¥) OJ No L 65, 11 . 3. 1992, p. 25. 11 a. m., Brussels time, on 25 February 1993.
No L 30/34 Official Journal of the European Communities 6 . 2. 93
3 . Notwithstanding Article 14 of Commission 2. The successful tenderer shall regularly inform the Regulation (EEC) No 2388/92, the intervention agency Latvian authorities, the intervention agency holding the concerned shall publish an invitation to tender at least products involved and the Commission of the progress of three days before the date laid down for the first partial the supply operation as far as the takeover stage. invitation to tender.
Article 5 Article 8 Tenders must be submitted to the German intervention The Member States concerned shall take all appropriate agency. measures to ensure that no refund is applied within the The German intervention agency shall forward tenders to framework of the supply, in particular by specifying this the Commission in accordance with the model in Annex on the export licence. II hereto .
Article 6 Article 9 The taking-over certificate referred to in Article 9 (3) of Regulation (EEC) No 2388/92 shall take the form shown For the purposes of entering EAGGF expenditure in the in Annex III . accounts, the book value of the product referred to in Article 1 is hereby fixed at ECU 52 per tonne. Certificates shall be issued after unloading of the goods.
Article 7 Article 10 1 . The successful tenderer shall undertake to provide the Latvian authorities with the documents required for This Regulation shall enter into force on the day of its supply purposes as specified in the notice of invitation to publication in the Official Journal of the European tender drawn up by the German intervention agency. Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 5 February 1993 .
For the Commission Rene STEICHEN Member of the Commission
6 . 2. 93 Official Journal of the European Communities No L 30/35
ANNEX I
(tonnes)
Place of storage Quantity
Schleswig-Holstein/Hamburg 25 000
ANNEX II
Standing invitation to tender for the supply to Lithuania of 25 000 tonnes of bread-making rye held by the German intervention agency
Supply cost Tenderer number Quantity (tonnes) applied for (ECU/tonne) 1 2 3
1
2
3
4
etc .
No L 30/36 Official Journal of the European Communities 6 . 2. 93
ANNEX III
SUPPLY BY SEA
TAKING-OVER CERTIFICATE
I, the undersigned : (surname and first name, or business name) acting on behalf of the Lithuanian Government, hereby certify that the goods mentioned below have been taken over :
— Name of vessel :
— Place and date of taking-over :
— Product :
— Tonnage taken over :
Remarks or reservations :
ANNEX IV
Delivery specifications
Delivery in bulk, cif (ex-ship) to the Lithuanian port of Klaipeda. One lot of 25 000 tonnes which, at the successful tenderer's choice, may be : — either one shipment of 25 000 tonnes : to arrive between 1 and 3 April 1993, — or a maximum of two shipments : — 12 500 tonnes : to arrive between 1 and 3 April 1993, — 12 500 tonnes : to arrive between 8 and 10 April 1993. An individual lot must be delivered as a single consignment at the port of destination. If this requirement is not met the intervention agency of the Member State concerned shall impose a penalty of ECU 2 per tonne. The deliveries may take place before the date laid down on the initiative of the successful tenderer and under his responsibility if the necessary conditions are met for unloading and removal in the port of Klaipeda.