No L 137/36 Official Journal of the European Communities 1. 6. 94 COMMISSION REGULATION (EC) No 1251/94 of 31 May 1994 laying down detailed rules for the free supply of beef, butter and flour pursuant to Council Regulation (EEC) No 598/91 on action for the supply of agricultural products to the people of the USSR THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 598/91 of 5 March 1991, on an action for the supply of agricultural products to the people of the. ex-USSR ('), and in parti- cular Article § thereof, Having regard to Council Regulation (EEC) No 3813/92 of 28 December 1992 on the unit of account and the conversion rate to be applied for the purposes of the common agricultural policy (¥, as amended by Regulation (EC) No 3528/93 (°) and in particular Article 6 (2) thereof, Whereas Regulation (EEC) No 598/91 provides for the free supply of agricultural products to the people of the USSR ; whereas the delivery costs of these products are to be paid by the Community; whereas, with a view to implementing that measure, detailed rules of application should be laid down for the beef, milk products and cereal sectors ; Whereas, due to production faults, one part of the goods furnished to certain populations of the goods furnished to certain populations of the former Soviet Union turned out to be unfit for human consumption ; whereas it is there- fore appropriate to provide for a new supply for the benefit of the people of Armenia, Azerbaidjan, Georgia, Turkmenistan and Uzbekistan and to adopt all of the measures and detailed rules necessary for its implementa- tion ; Whereas, it is important to be able to utilize the full amount intended to replace the goods in each republic; whereas the transport costs represent an important part of this amount and the definitive quantities to be trans- ported cannot therefore be determined until after the transport costs have been ascertained ; Whereas, in view of the size and location of the Commu- nity intervention stocks, it is appropriate to release approximately 3 800 tonnes of boneless beef stored in Ireland and approximately 3 000 tonnes of butter stored in Spain for the purpose of this measure; whereas the quantity of wheat necessary for the production of approxi- mately 5 000 tonnes of flour has already been mobilized ; () OJ No L’67, 14. 3. 1991, p. 19. () OJ No L 387, 31. 12. 1992, p. 1. () OJ No L 320, 22. 12. 1993, p. 32. Whereas, in view of the present difficulties in these repu- blics and the sepcific problems of forwarding aid to these regions, it is appropriate to organize the supply of the abovementioned products as a single action, for which the invitation to tender shall determine a single award ; Whereas, in the light of experience and the manifest diffi- culties previously encountered with the execution of operations of the same type, it is appropriate to provide that the award of the supply should not be determined systematically and uniquely on the basis of the lowest monetary offer, but may also take into consideration other fundamental elements proposed for the execution of the supply presenting guarantees, in particular, for the proper conservation and hygienic condition of the products and for the terms of their transport to the destination laid down ; whereas, for this purpose the offers must include all information necessary to evaluate the execution of the supply on the proposed terms ; Whereas, it is appropriate to fix the additional terms and conditional necessary to ensure the proper execution of the operations and to define the obligations of the tenderer ; Whereas, products held by intervention agencies and intended for export are subject to the provisions of Commission Regulation (EEC) No 3002/92 (%), as last amended by Regulation (EEC) No 1938/93 (%) ; whereas, furthermore, proof that the products concerned have been taken over by the authorities of Georgia, Armenia, Azer- baidjan, Turkmenistan and Uzebekistan is to be provided by way of a special certificate ; Whereas, in order to minimize the transport costs, the goods should be removed from cold stores which are close to each other, and a minimum quantity to be removed from each cold store should be laid down; Whereas, in application of Article 2 (4) of Regulation (EEC) No 598/91 no export refund shall be granted in respect of the exported products which are the subject of the supply; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee provided for in Article 5 (2) of Council Regulation (EEC) No 598/91, () OJ No L 301, 17. 10. 1992, p. 17. () OJ No L 176, 20. 7. 1993, p. 12.