CELEX: 31985R3010
Language: en
Date: 1985-10-29 00:00:00
Title: Commission Regulation (EEC) No 3010/85 of 29 October 1985 on the supply of maize flour to the United Nations High Commissioner for Refugees (UNHCR) as food aid

30 . 10 . 85                              Official Journal of the European Communities                         No L 288/ 19
                                   COMMISSION REGULATION (EEC) No 3010/85
                                                       of 29 October 1985
              on the supply of maize flour to the United Nations High Commissioner for
                                                 Refugees (UNHCR) as food aid
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 457/85                 majeure the operation in question is not completed
of 19 February 1985 laying down the implementing                    within the period stipulated ;
rules for 1984 for Regulation (EEC) No 3331 /82
concerning food-aid policy and food-aid manage­                     Whereas the measures provided for in this Regulation
ment (*),                                                           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
                                                                    hereto is hereby required to implement the mobiliza­
Having regard to the opinion of the Monetary                        tion and supply of the product stated in the said
Committee,                                                          Annex as food aid, subject to the provisions of this
                                                                    Regulation.
Whereas on 6 May 1985 the Commission of the Euro­
pean Communities decided to grant, under Commu­                     2. Supply of the products shall be organized under
nity measures, various quantities of cereals to certain             the tender procedure.
non-member countries and beneficiary organizations ;
                                                                    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,
                                                                    — Article 6 in respect of opening and reading
(') OJ No   L 281 , 1 . 11 . 1975, p. 1 .                                tenders,
0   OJ No   L 107,  19. 4. 1984, p. 1 .
(3) OJ No   L 281 , 1 . 11 . 1975, p. 89.                           — Article 8 in respect of comparing tenders.
(<) OJ No   L 352,  14. 12. 1982, p. 1 .
Is) OJ No L 54, 23. 2. 1985, p. 1 .
I6) OJ No 106, 30. 10. 1962, p. 2553/62.                            («) OJ No L 192, 26. 7. 1980, p. 11 .
0 OJ No L 263, 19 . 9. 1973, p. 1 .                                 0 OJ No L 334, 21 . 11 . 1981 , p. 27.
 ---pagebreak--- No L 288/20                        Official Journal of the European Communities                               30 . 10 . 85
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.
                                                             The successful tenderer shall provide that intervention
                        Article 3
                                                             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.
                                                             4. Where the inspection provided for in the pre­
                        Article 4
                                                             ceding paragraphs reveals that the goods do not satisfy
                                                             the requirements stipulated, they must be refused and
1.    The successful tenderer shall contract as neces­
                                                             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                                Article 6
insurance .
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--- 30 . 10 . 85                        Official Journal of the European Communities                          No L 288/21
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).
                         Article 7
                                                              2. The security referred to in Article 7 (4) shall be
                                                              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
Member State which is responsible for payment. For            If the successful tenderer, for reasons of force majeure,
this purpose this amount shall be converted by using :        has to bear exceptional costs in respect of the delivery
                                                              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
make without delay an initial payment of 80 % of the          Articles 21 and 22 (1 ) and (2) of Regulation (EEC) No
value of the quantity given in the bill of lading, on         1974/80 shall apply in the context of this Regulation.
presentation of a copy of that document, of the attesta­
tion referred to in Article 5 (1 ) and of the fumigation      The intervention agency responsible for payment shall,
certificate, and subject to the provision of a security for   on receipt, send the information referred to in Article
                                                              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 288 /22                  Official Journal of the European Communities                        30 . 10. 85
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 29 October 1985.
                                                                  For the Commission
                                                                   Frans ANDRIESSEN
                                                                      Vice-President
 ---pagebreak--- 30. 10 . 85                             Official Journal of the European Communities                              No L 288/23
                                                             ANNEX I
               1 . Programme : 1985
               2. Recipient : UNHCR (Attention Mr Jambor, Palais des Nations, CH-1211 Genève 10, telex
                    27492)
               3. Place or country of destination : Rwanda
              4. Product to be mobilized : maize flour
               5. Total quantity : 1 000 tonnes (1 695 tonnes of cereals)
              6. Number of lots : two :
                    — A : 500 tonnes
                    — B : 500 tonnes
              7. Intervention agency responsible for conducting the procedure :
                    Bundesanstalt für landwirtschaftliche Marktordnung (BALM), Adickesallee 40, D-6000 Frankfurt/
                   Main (telex 41 1 475)
              8. Method of mobilizing the product : on the Community market
              9. Characteristics of the goods :
                   — maize flour (11.01 E I) for human consumption, of sound merchantable quality, free of odour
                       and pests
                   — moisture content : maximum 13 %
                   — acidity : 0,6 % maximum
            10. Packaging :
                   — new woven-polypropylene bags for food use, weighing not less than 120 g, which have been
                       specially treated against the effects of ultraviolet light
                   — net weight of the bags : 50 kilograms
                   — marking on the bags in letters at least 5 cm high :
                       'FARINE DE MAÏS / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EUROPÉENNE /
                       ACTION DU HCR RWANDA / POUR DISTRIBUTION GRATUITE'
            1 1 . Port of shipment : a Community port
            12. Delivery stage : delivered destination — Kigali (Monsieur le Delegué UNHCR, Quartier
                   Kiyovu, 6 rue des Parcs, Kigali)
            13. Procedure to be applied in order to determine supply costs : tendering
            14. Deadline for the submission of tenders : 12 noon on 12 November 1985
            1 5. Shipment period :
                   — A : 1 to 31 December 1985
                   — B : 1 to 31 January 1986
            16. Security : 12 ECU per tonne
            Notes :        ,
            1 . The successful tenderer shall forward, through the intermediary of the intervention agency, to the
                  recipient on the latter's request and in accordance with his instructions the documents necessary
                  for importation of the goods into the country of destination.
            2. Since the goods may be rebagged, the successful tenderer must provide 2 % of empty bags of the
                -same quality as those containing the goods, with the marking followed by a capital 'R'.
            3. The successful tenderer shall send a copy of the shipping documents to the following address :
                  Commission Delegation in Rwanda, c/o 'Diplomatic Bag', Berlaymont 1 / 123, 200 rue de la Loi,
                  B-1049 Brussels .
 ---pagebreak--- No L 288/24                       Official Journal of the European Communities                               30. 10 . 85
                                                     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
          The quality of the goods delivered is in accordance with that fixed.