CELEX: 31984R2313
Language: en
Date: 1984-08-03
Title: Commission Regulation (EEC) No 2313/84 of 3 August 1984 on delivery of common wheat as food aid to the Kingdom of Lesotho

9 . 8 . 84                              Official Journal of the European Communities                         No L 213/ 17
                                   COMMISSION REGULATION (EEC) No 2313/84
                                                      of 3 August 1984
                   on delivery of common wheat as food aid to the Kingdom of Lesotho
THE COMMISSION OF THE EUROPEAN                                    aid operations involving cereals and rice (8), as last
COMMUNITIES,                                                      amended by Regulation (EEC) No 3323/81 (9), should
                                                                  be applied as far as possible, particularly in respect of
Having regard to the Treaty establishing the European             the procedure for submission of tenders, since the
Economic Community,                                               manner in which the security is lodged must guarantee
                                                                  that the successful tenderer complies with his obliga­
Having regard to Council Regulation (EEC) No                      tions ;
2727/75 of 29 October 1975 on the common organi­
zation of the market in cereals ('), as last amended by           Whereas, however, the specific provisions concerning
Regulation (EEC) No 1018/84 (2),                                  delivery to destination must be set out ; whereas the
                                                                  successful tenderer must thus bear all risk in the goods
Having regard to Council Regulation (EEC) No                      up to unloading at the stipulated destination ; whereas
2750/75 of 29 October 1975 fixing criteria for the                payment can be made only when proof of delivery to
mobilization of cereals intended as food aid (3), as              the destination is provided ;
amended by Regulation (EEC) No 3331 /82 (4), and in
particular Article 6 thereof,                                     Whereas it must be made clear who is to bear any
                                                                  costs which arise in the event that for reasons of force
Having regard to Council Regulation (EEC) No                       majeure the operation in question is not completed
1992/83 of 11 July 1983 laying down the implement­                within the period stipulated ;
ing rules for 1983 for Regulation (EEC) No 3331 /82
concerning food-aid policy and food-aid manage­                   Whereas the measures provided for in this Regulation
ment fl,
                                                                  are in accordance with the opinion of the Management
                                                                  Committee for Cereals,
Having regard to Council Regulation No 129 of 23
October 1962 on the value of the unit of account and
                                                                  HAS ADOPTED THIS REGULATION :
the exchange rates to be applied for the purposes of
the common agricultural policy (6), as last amended by
                                                                                         Article 1
Regulation (EEC) No 2543/73 f), and in particular
Article 3 thereof,                                                 1 . The intervention agency mentioned in Annex I
Having regard to the opinion of the Monetary                      hereto is hereby required to implement the mobiliza­
Committee,                                                         tion and supply of the product stated in the said
                                                                  Annex as food aid, subject to the provisions of this
Whereas on 16 December 1983 the Commission of                     Regulation.
the European Communities decided to grant, under
Community measures, various quantities of cereals to              2. Supply of the products shall be organized under
certain non-member countries and beneficiary organi­              the tender procedure.
zations ;                                                          3. Annex I shall take the place of a notice of invita­
Whereas, pursuant to Article 3 (3) of Council Regula­              tion to tender. The intervention agency responsible
tion (EEC) No 2750/75, the goods may be purchased                  shall make further publications as necessary.
anywhere on the Community market ;
                                                                                         Article 2
Whereas an invitation to tender should be issued for
supply of the products delivered unloaded at destina­              1 . For the purposes of the invitation to tender, the
tion in view of the final use to be made of the goods              following provisions of Regulation (EEC) No 1974/80
delivered ;                                                       shall apply :
                                                                  — Article 4, except the provisions of paragraphs 3 (e)
Whereas the provisions of Commission Regulation                        and 4 (d) and (e), in respect of submission of
(EEC) No 1974/80 of 22 July 1980 laying down                           tenders,
general implementing rules in respect of certain food­
                                                                  — Article 5 in respect of provision of security,
0   OJ   No L 281 , 1 . 11 . 1975, p. 1 .
                                                                  — Article 6 in respect of opening and reading
0   OJ   No L 107, 19. 4. 1984, p. 1 .
                                                                       tenders,
(J) OJ   No L 281 , 1 . 11 . 1975, p. 89 .                        — Article 8 in respect of comparing tenders.
(4) OJ   No L 352, 14. 12. 1982, p. 1 .
0   OJ   No L 196, 20. 7. 1983, p. 1 .
0   OJ   No 106, 30. 10. 1962, p. 2553/62.                        (*) OJ No L 192, 26. 7. 1980, p. 11 .
O OJ No L 263, 19 . 9 . 1973, p. 1 .                              O OJ No L 334, 21 . 11 . 1981 , p. 27.
 ---pagebreak---  No L 213/ 18                       Official Journal of the European Communities                                  9. 8 . 84
 2.    The tender shall indicate the amount of the             effectively been unloaded and delivered to the final
 tender expressed per tonne of product, in the currency       destination.
 of the Member State where the tendering procedure is
 taking place. The tender must include the cost of            3.     The successful tenderer shall communicate as
 fumigation, unloading and warehousing at the final           soon as possible to the recipient's representative the
 destination stated in Annex I.                               date of loading, the means of transport used to consign
                                                              the goods to the final destination, and the probable
 The tender shall state separately the amount of cost in      date of arrival. He shall immediately send this infor­
 respect of sea and land transport to the stipulated final    mation to the intervention agency responsible for
 destination.                                                 payment, which shall forward it without delay to the
                                                              Commission .
 The tender shall indicate the Member State in which
 the tenderer, in the event of his being declared             The tenderer shall advise the recipient's representative,
 successful, undertakes to complete the customs export        at least three days in advance, of the probable date of
 formalities.
                                                              arrival of the goods at the final destination.
 3 . The tenderer shall carry out his obligations
 pursuant to this Regulation and the undertakings
 referred to in Article 4 (4) of Regulation (EEC) No                                   Article 5
 1974/80, with the exception of points (d) and (e)
 thereof.                                                     1 . The intervention agency of the country of ship­
                                                              ment shall arrange for a check at the port, before
4. The tenderer shall undertake to ship in vessels            loading, on the quantity, quality and packaging of the
 listed in the larger classes in recognized classification    goods. Following inspection -an attestation shall be
 registers, not more than 15 years old and attested by a      issued by the intervention agency. The costs relating
competent body as meeting hygiene requirements.               thereto shall be borne by the successful tenderer.
                         Article 3
                                                              The successful tenderer shall provide that intervention
                                                              agency with the certificate showing that the fumiga­
                                                              tion has been carried out.
 1.    Without prejudice to paragraphs 2 and 3, the
contract shall be awarded within 48 hours to the                                                 »
tenderer who has submitted the most favourable                2. Samples intended for analysis shall be taken and
tender.                                                       the inspection shall be carried out in accordance with
                                                              the trade practices in force in the country of shipment.
2.     Where the most favourable tender is submitted          The successful tenderer and the recipient's representa­
by more than one tenderer, the intervention agency            tive shall be invited to take part in the operation.
shall award the contract to one of those tenderers by
drawing lots.                                                 Two sealed samples shall be kept by the intervention
                                                              agency until issue by the recipient of the taking-over
3. If the tenders do not appear to be in line with            certificate or until issue of the certificate referred to in
the prices normally prevailing on the market, the             Article 6 (2).
intervention agency may, with the agreement of the
Commission, decide not to award the contract.                 3.     If the inspection referred to in paragraph 1 gives
                                                              rise to a dispute, the intervention agency shall arrange
4. The intervention agency shall communicate the              for a second inspection by a service different from that
results of the tendering procedure to all the tenderers       mentioned in paragraph 1 , the findings of which shall
by letter or telex sent not later than the first working      be final. The costs relating thereto shall be borne by
day following the award decision.                             the losing party.
                         Article 4
                                                              4. Where the inspection provided for in the pre­
                                                              ceding paragraphs reveals that the goods do not satisfy
 1.    The successful tenderer shall contract as neces­
                                                              the requirements stipulated, they must be refused and
                                                              replaced. Where some quantities are missing the
sary, at his own expense, for carriage of the goods to        successful tenderer must make up the cargo.
the final destination and shall bear all the costs
involved, including those of unloading and ware­
housing at the destination. He shall take out suitable
insurance.                                                                             Article 6
2.     The successful tenderer shall bear all the risks       1 . A taking-over certificate shall be issued by the
relating to the goods, in particular of loss or deteriora­    recipient immediately following unloading at the final
tion to which the goods are subject, until they have          destination. It shall state the place and date of taking
 ---pagebreak--- 9 . 8 . 84                          Official Journal of the European Communities                          No L 213/ 19
over and give a description of the goods taken over in        — every tenderer whose tender was not successful or
the form given in Annex II and any comments by the                 was not accepted,
recipient.                                                    — the successful tenderer in respect of quantities not
                                                                   delivered on account of force majeure,
2. Where the taking-over certificate is not issued for        — the successful tenderer in respect of the quantities
reasons other than a dispute about the goods, proof of             delivered in accordance with this Regulation and
delivery may be provided by means of a certificate of              on presentation of the original of the taking-over
the form given in Annex II endorsed by the Commu­                  certificate or a certified true copy thereof or,
nity representative in the country of destination.                 where appropriate, the certificate referred to in
                                                                   Article 6 (2).
                                                              2. The security referred to in Article 7 (4) shall be
                         Article 7
                                                              released immediately when the successful tenderer
                                                              furnishes the proof in accordance with Article 6 that at
1 . Payment to the successful tenderer shall be made          least 80 % of the quantity provided for has been
by the intervention agency of the Member State in             delivered in conformity with the conditions laid down
which the customs export formalities are completed.            in this Regulation.
2.      The amount to be paid shall be that of the tender                              Article 9
plus, where appropriate, the costs referred to in
Article 9. It shall be paid in the currency of the             If the successful tenderer, for reasons of force majeure,
Member State which is responsible for payment. For             has to bear exceptional costs in respect of the delivery
this purpose this amount shall be converted by using :         made under this Regulation which cannot be covered
— where the currencies in question are maintained              by insurance, he may receive compensation therefor
     within a maximum spread at any one time of                on production of supporting documents and with the
      2,25 % , the conversion rate resulting from their        prior agreement of the Commission.
      central rate,
— in other cases, the relationship between the two                                     Article 10
      currencies concerned established by using the
      latest statement of their spot exchange rates made       Except in case of force majeure the successful tenderer
      immediately prior to the closing date for the            shall bear all the financial consequences of the non­
      submission of tenders as published in the 'C' series     delivery of the goods under the conditions laid down
      of the Official Journal of the European Commu­           in this Regulation if the recipient had made delivery
      nities.                                                  possible under such conditions.
 3.     The amount referred to in paragraph 2 shall be         The costs resulting from the non-delivery of the goods
 paid to the successful tenderer on presentation of the        following a case of force majeure shall be borne by the
 original of the taking-over certificate or a certified        intervention agency responsible for payment.
 copy thereof, or, if this is not available, of the certifi­
 cate referred to in Article 6 (2).
                                                                                       Article 11
 4. The intervention agency is hereby authorized to            Articles 21 and 22 (1 ) and (2) of Regulation (EEC) No
 make without delay an initial payment of 80 % of the           1974/80 shall apply in the context of this Regulation.
 value of the quantity given in the bill of lading, on
 presentation of a copy of that document, of the attesta­      The intervention agency responsible for payment shall,
 tion referred to in Article 5 (1 ) and of the fumigation
                                                               on receipt, send the information referred to in Article
 certificate, and subject to the provision of a security for
                                                               4 (3) to the Commission.
 an amount equal to the initial payment.
                                                               The intervention agency in the country of shipment
 The said security shall be provided as laid down in            shall send the Commission, without delay, the results
 Article 5 (2) of Regulation (EEC) No 1974/80.                  of the inspection referred to in Article 5.
                                                                                       Article 12
                          Article 8
                                                                This Regulation shall enter into force on the day
 1.     The security referred to in Article 2- shall be         following its publication in the Official Journal of the
 immediately released to :                                      European Communities.
 ---pagebreak--- No L 213/20                  Official Journal of the European Communities                        9. 8 . 84
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 3 August 1984.
                                                                 For the Commission
                                                                   Poul DALSAGER
                                                             Member of the Commission
 ---pagebreak--- 9. 8 . 84                          Official Journal of the European Communities'                            No L 213/21
           /                                            ANNEX I
            1 . Programme : 1 983
            2. Recipient : Kingdom of Lesotho
            3. Place or country of destination : Lesotho
            4. Product to be mobilized : common wheat
            5 . Total quantity : 1 000 tonnes
            6 . Number of lots : one
            7. Intervention agency responsible for conducting the procedure :
                Bundesanstalt für landwirtschaftliche Marktordnung (BALM), Adickesallee 40, D-6000 Frankfurt/
                Main (telex 411 475)
            8 . Method of mobilizing the product : the Community market
            9. Characteristics of the goods : the common wheat must be of fair and sound merchantable
                quality and correspond at least to the minimum bread-making quality required for intervention
                (humidity : 14%)
          10. Packaging : in bulk
          1 1 . Port of shipment : a Community port
          1 2. Delivery stage : delivered destination — Food Management Unit, Railway Siding 4457, Maseru
                via Durban
          13. Procedure to be applied in order to determine supply costs : tendering
          14. Deadline for the submission of tenders : 12 noon on 22 August 1984
          1 5. Shipment period : 1 5 September to 1 5 October 1 984
          1 6. Security : 6 ECU per tonne
          Note :
          The successful tenderer shall send a copy of the shipping documents to the following address :
          Commission Delegation in Lesotho, c/o 'Diplomatic Bag', Berlaymont 1 / 123, rue de la Loi, 200,
          B-1049 Brussels.
 ---pagebreak--- No L 213/22                      Official Journal of the European Communities                                9 . 8 . 84
                                                     ANNEX II
                                          TAKING-OVER CERTIFICATE
          Recipient : .
          I the undersigned : .
                                                                             (Name, forename, business name)
          acting on behalf of .
          certify that delivery has been taken of the goods listed below :
          — Cereals or products :
          — Net tonnage accepted :
          — Packaging :
              in bulk : .
              in bags :
          — Number of bags :                                                        , at .            kg net
              marking :
              number of marked empty bags :
          — Place of taking over :
          — Date of taking over :
          This quality of the goods delivered is in accordance with that fixed in the invitation to tender.