31993R0307
12. 2. 93 Official Journal of the European Communities No L 36/21
COMMISSION REGULATION (EEC) No 307/93 of 11 February 1993 opening a standing invitation to tender for the supply to Albania of 30 000 tonnes of bread-making common wheat held in die Rouen region by the French 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 694/92, Having regard to Council Regulation (EEC) No 3860/91 the French intervention agency shall open a standing of 23 December 1991 on an emergency measure for the invitation to tender for the supply to Albania of bread making common wheat held in the Rouen region by the free supply of certain agricultural products to Albania ('), said agency.
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the Article 2 market in cereals (2), as last amended by Regulation (EEC) No 1738 (3), and in particular Article 7 (6) thereof, The invitation to tender shall cover 30 000 tonnes of bread-making common wheat in bulk to be supplied from the port of Caen-Blainville or Rouen, cif (ex-ship), Whereas Commission Regulation (EEC) No 694/92 (4) to the Albanian port of Durres. provides that contracts for the supply of cereals under Regulation (EEC) No 3860/91 are to be allocated by invitation to tender ; Article 3
Whereas Commission Regulation (EEC) No 1 570/77 Q, 1 . Tenders may relate only to the entire lot of 30 000 as last amended by Regulation (EEC) No 606/92 (6), lays tonnes specified in the notice of invitation to tender down in particular quality criteria for bread-making provided for in Article 13 of Regulation (EEC) No 694/92, common wheat accepted for intervention ; in accordance with the delivery specifications in Annex III 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 common No 694/92 when delivery delays occur, for each day of wheat held by the French intervention agency ; delay 0,05 % of the security specified in Article 8 of that Regulation shall be forfeit in respect of the quantities delivered late. If such delays exceed a period of five days, Whereas experience has shown the need to be sure that the percentage forfeit shall amount to 0,1 % for each day the scheduling of deliveries is respected ; that therefore an of delay. amount should be deducted from the performance guarantee in certain cases of delayed deliveries ; 3. The part of the security, referred , to in Article 8 of Regulation (EEC) No 694/92, 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 694/92 ; apply where delivery delay is attribuable 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 362, 31 . 12. 1991 , p. 85. 11a. m., Brussels time, on 18 February 1 993. (2) OJ No L 281 , 1 . 11 . 1975, p. 1 . (3) OJ No L 180, 1 . 7. 1992, p. 1 . 2. The time limit for the submission of tenders in 0 OJ No L 74, 20. 3. 1992, p. 39. 0 OJ No L 174, 14. 7. 1977, p. 18 . response to the second and last partial invitation to tender fo OJ No L 65, 11 . 3. 1992, p. 25. shall be 11 a.m., Brussels time, on 4 March 1993 .
No L 36/22 12. 2 . 93 Official Journal of the European Communities
3. Notwithstanding Article 13 of Commission 2. The successful tenderer shall regularly inform the Regulation (EEC) No 694/92 the intervention agency Albanian authorities, the intervention agency holding the concerned shall publish, at least three days before the date products involved and the Commission of the progress of laid down for the first partial invitation to tender, a notice the supply operation as far as the take-over stage. of invitation .
Article 5 Article 8 Tenders must be submitted to the French intervention The Member States concerned shall take all appropriate agency. measures to ensure that no refund is applied within the The French 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. I hereto.
Article 6 Article 9 The taking-over certificate referred to in Article 9 (3) of Regulation (EEC) No 694/92 shall take the form shown For the purposes of entering EAGGF expenditure in the in Annex II . 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 Albanian 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 French intervention agency. Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 11 February 1993.
For the Commission Rene STEICHEN Member of the Commission
12. 2. 93 Official Journal of the European Communities No L 36/23
ANNEX I
Standing invitation to tender for the supply to Albania of 30 000 tonnes of bread-making common wheat held in the Rouen region by the French intervention agency
Tenderer Supply cost number Quantity (tonnes) applied for (ECU/tonne) 1 2 3
1
2
3
4
etc .
/
12. 2. 93 No L 36/24 Official Journal of the European Communities
ANNEX II
SUPPLY BY SEA
TAKING-OVER CERTIFICATE
I, the undersigned : (name, first name, business name) acting on behalf of the Albanian 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 III
Delivery specifications
Delivery in bulk, cif (ex-ship) to the Albanian port of Durres. One lot of 30 000 tonnes in three shipments : — 10 000 tonnes : arrival date between 1 and 3 March 1993, — 10 000 tonnes : arrival date between 11 and 13 March 1993, — 10 000 tonnes : arrival date between 21 and 23 March 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 ECU 2 per tonne. The deliveries may take place before the dates 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 Durres. If no bid has been accepted on 18 February 1993, the above dates should be postponed by seven days. The same should apply if no bid has been accepted on 25 February 1993.