31993R1124
No L 114/ 18 8 . 5. 93 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 1124/93 of 7 May 1993 opening a standing invitation to tender for the supply to Lithuania of 24 000 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 breadof 7 August 1992 on an emergency measure to supply food products to the populations of Estonia, Latvia and making rye held by the said agency. Lithuania ('),
Article 2 Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the 1 . The invitation to tender shall cover 24 000 tonnes of 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 24 000 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 1 570/77 (*), as last amended by Regulation (EEC) No 606/92 (6), lays 1 . Tenders may relate only to the entire lot of 24 000 down in particular quality criteria for bread-making rye tonnes specified in the notice of invitation to tender accepted for intervention ; provided for in Article 14 of Regulation (EEC) No 2388/92 in accordance with the delivery specifications in Annex IV hereto . Whereas a standing invitation to tender should be opened for the supply of an instalment of bread-making rye held 2. Notwithstanding Article 1 1 (3) of Regulation (EEC) by the German intervention agency ; No 2388/92 when delivery delays occur, for each day of 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 ; whereas, the percentage forfeit shall amount to 0,1 % for each day therefore, an amount should be deducted from the of delay. performance 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, 13 May 1993 . 0 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 M OJ No L 65, 11 . 3. 1992, p. 25. / 11 a.m., Brussels time, 3 June on 1993.
8 . 5. 93 Official Journal of the European Communities No L 114/ 19
3. Notwithstanding Article 14 of Commission for supply purposes as specified in the notice of invitation Regulation (EEC) No 2388/92, the intervention agency to tender drawn up by the German intervention agency. concerned shall publish an invitation to tender at least 2. The successful tenderer shall regularly inform the three days before the date laid down for the first partial invitation to tender. Lithuanian authorities, the intervention agency holding the products involved and the Commission of the progress of the supply operation as far as the takeover Article 5 stage. Tenders must be submitted to the German intervention Article 8 agency. The German intervention agency shall forward tenders to The Member States concerned shall take all appropriate the Commission in accordance with the model in Annex measures to ensure that no refund is applied within the II hereto. framework of the supply, in particular by specifying this on the export licence. Article 6 Article 9 The taking-over certificate referred to in Article 9 (3) of For the purposes of entering EAGGF expenditure in the Regulation (EEC) No 2388/92 shall take the form shown in Annex III. accounts, the book value of the product referred to in Article 1 is hereby fixed at ECU 51 per tonne. Certificates shall be issued after unloading of the goods. Article 10 Article 7 This Regulation shall enter into force on the day of its 1 . The successful tenderer shall undertake to provide publication in the Official Journal of the European the Lithuanian authorities with the documents required Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 May 1993.
For the Commission Ren6 STEICHEN Member of the Commission
No L 114/20 Official Journal of the European Communities 8 . 5. 93
ANNEX I
(tonnes)
Place of storage Quantity
Niedersachsen/ Bremen 24 000
ANNEX II
Standing invitation to tender for the supply to Lithuania of 24 000 tonnes of bread-making rye held by the German intervention agency
T . Supply cost Tenderer Quantity (tonnes) applied for number (ECU/tonne)
1 2 3
1
2
3
4
etc .
8 . 5. 93 Official Journal of the European Communities No L 114/21
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 24 000 tonnes which, at the successful tenderer's choice, may be : — either one shipment of 24 000 tonnes : to arrive between 2 and 4 June 1993, — or a maximum of two shipments : — 12 000 tonnes : to arrive between 2 and 4 June 1993, — 12 000 tonnes : to arrive between 9 and 11 June 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.