CELEX: 31984R0328
Language: en
Date: 1984-02-08 00:00:00
Title: Commission Regulation (EEC) No 328/84 of 8 February 1984 on delivery of common wheat flour to the Central African Republic as food aid

No L 38 / 12                             Official Journal of the European Communities                              9 . 2 . 84
                                     COMMISSION REGULATION (EEC) No 328/84
                                                        of 8 February 1984
                on delivery of common wheat flour to the Central African Republic as food aid
THE COMMISSION OF THE EUROPEAN                                      Whereas the provisions applicable in this case should,
 COMMUNITIES,                                                       as far as possible, be the same as those of Commission
                                                                    Regulation (EEC) No 1974/80 of 22 July 1980 laying
 Having regard to the Treaty establishing the European              down general implementing rules in respect of certain
 Economic Community,                                                food-aid operations involving cereals and rice (8), as last
                                                                    amended by Regulation (EEC) No 3323/8 1 (9) ;
 Having regard to Council Regulation (EEC) No                       whereas this applies particularly in respect of the
2727/75 of 29 October 1975 on the common organi­                    procedure for submission of tenders, since the manner
zation of the market in cereals ('), as last amended by             in which the security is lodged must guarantee that
Regulation (EEC) No 1451 /82 (2),                                   the contractor complies with his obligations and that,
                                                                    prior to loading, the goods satisfy the requirements
 Having regard ro Council Regulation (EEC) No                       stipulated ;
2750/75 of 29 October 1975 fixing criteria for the
mobilization of cereals intended as food aid (3), as                Whereas, however, the specific provisions concerning
amended by Regulation (EEC) No 3331 /82 (4), and in                 delivery to destination must be set out ; whereas the
particular Article 6 thereof,                                       contractor must thus bear all risk in the goods up to
                                                                    unloading at the stipulated destination ; whereas
Having regard to Council Regulation (EEC) No                        payment can be made only when proof of delivery to
 1992/83 of 11 July 1983 laying down the imple­                     the destination is provided ;
menting rules for 1983 for Regulation (EEC) No
3331 /82 concerning food-aid policy and food-aid                    Whereas it must be made clear who is to bear any
management (*),                                                     costs which arise where, for reasons of force majeure,
                                                                    the operation in question is not completed within the
Having regard to Council Regulation No 129 of 23                    period stipulated ;
October 1962 on the value of the unit of account and
the exchange rates to be applied for the purposes of                Whereas the measures provided for in this Regulation
the common agricultural policy (6), as last amended by              are in accordance with the opinion of the Management
Regulation (EEC) No 2543/73 Q, and in particular                    Committee for Cereals,
Article 3 thereof,
Having regard to the opinion of the Monetary
Committee,                                                          HAS ADOPTED THIS REGULATION :
Whereas on 29 July 1983 the Commission decided to
grant, by way of Community action, 1 000 tonnes of                                           Article 1
cereals to the Central African Republic under the 1983
food-aid programme ;                                                 1.   The intervention agency referred to in Annex I is
                                                                    hereby required to implement the mobilization and
Whereas, pursuant to Article 3 (3) of Regulation (EEC)              supply as food aid of the product stated in the said
No 2750/75, the goods may be purchased anywhere                     Annex, in accordance with the provisions of this
on the Community market ;                                           Regulation .
Whereas consideration should be given to having the                 2. Supply of the product shall be organized by
products delivered to the place of destination, in view             direct-award procedure. The intervention agency desig­
of the final use to be made of them ;                               nated for the purpose shall, after ensuring competition
                                                                    from several tenderers, conclude the contract on the
Whereas, because of the urgency of the matter, a                    basis of the most favourable terms in relation to prices
direct-award procedure should be used ;                             on the market.
(') OJ No   1 281 , 1 . 11 . 1975, p. 1 .
                                                                    3. The intervention agency shall immediately send
(2) OJ No   L 164, 14. 6 . 1982, p. 1 .                             to the Commission a copy of the contract concluded
(3) OJ No   L 281 , 1 . 11 . 1975, p. 89 .                          in accordance with the direct-award procedure.
(") OJ No   L 352, 14. 12. 1982, p. 1 .
(5) OJ No   L 196, 20. 7. 1983, p. 1 .
(6) OJ No   106, 30 . 10 . 1962, p . 2553/62.                       (8) 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--- 9 . 2. 84                             Official Journal of the European Communities                            No L 38 / 13
                          Article 2                             —^ reducing the tenders specifying a Member State
                                                                     with positive monetary compensatory amounts.
1.       A tender shall be valid only if it indicates :
                                                                2. The monetary compensatory amount shall, where
(a) the number of this Regulation ;                             appropriate, be converted into the currency of the
                                                                Member State in which the tendering procedure is
(b) the name and address of the tenderer ;                      opened by using :
(c) a single port of shipment selected from the                 — where the currencies in question are maintained
      Community ports accessible to sea-going vessels ;              within a maximum spread at any one time of
                                                                     2,25 % , the conversion rate resulting from their
(d) the amount of the tender, expressed per tonne of                 central rate,
      product in the currency of the Member State where
      the intervention agency referred to in Article 1 is       — in other cases, the relationship between the two
      situated . That amount shall include the cost of               currencies concerned established by using the
      unloading and warehousing at the final destination             latest statement of their spot exchange rates made
      specified in Annex I ;                                         immediately prior to the closing date for the
                                                                     submission of tenders as published in the 'C' series
(e) separately, the cost of sea and land transport to the            of the Official Journal of the European Commu­
    ^ final destination ;                                             nities.
(f) the Member State in which the tenderer, in the
      event of his being awarded the contract, undertakes                                 Article 4
      to complete the customs export formalities.
                                                                 1 . The contractor shall contract as necessary for
 2.      In addition, the tender must be accompanied by          carriage of the goods to the final destination and shall
 an undertaking on the part of the tenderer that, in the         bear all the costs involved, including those of un­
 event of his being awarded the contract, he will :              loading and warehousing at the destination. He shall
                                                                 take out suitable insurance .
(a) fulfil his obligations as laid down in this Regula­
      tion ;
                                                                 2. The contractor shall bear all the risks relating to
 (b) lodge the security specified in Annex I. The secu­          the goods, in particular of loss or deterioration to
      rity shall be furnished, at the option of the              which the goods are subject, until they have effectively
      tenderer, in cash or in the form of a guarantee            been unloaded and delivered to the final destination .
      given by a credit establishment which satisfies the
      criteria laid down by the Member State in which            3.     The contractor shall communicate as soon as
      the intervention agency is situated ;                      possible to the recipient's representative the date of
                                                                 loading, the means of transport used to consign the
 (c) apply as soon as possible for an export licence as          goods to the final destination and the probable date of
       laid down in Article 6 of Commission Regulation           arrival. He shall immediately send this information to
      (EEC) No 2042/75 (■);                                      the intervention agency responsible for payment,
                                                                 which shall forward it without delay to the Commis­
 (d) transport the goods by sea in vessels listed in the         sion .
       larger classes in recognized classification registers,
       not more than 15 years old, and attested by a             The contractor shall advise the recipient's representa­
       competent body as meeting hygiene requirements.           tive, at least three days in advance, of the probable date
                                                                 of arrival of the goods at the final destination .
                            Article 3
                                                                                           Article 5
  1.      For the purpose of comparing tenders, each
  tender shall be corrected by the monetary compensa­             1 . The intervention agency of the country of ship­
  tory amount, if any, applicable on the closing date for         ment shall arrange for a check at the port before
  the submission of tenders to exports from the Member            loading on the quantity, quality and packaging of the
  State specified in the tender in accordance with Article        goods. Following inspection an attestation shall be
  2 ( 1 ) (f).                                                    issued by the intervention agency. The costs relating
                                                                  thereto shall be borne by the contractor.
  The correction shall be made by :
                                                                  2. Samples intended for analysis shall be taken and
  — increasing the tenders specifying a Member State              the inspection shall be carried out in accordance with
       with negative monetary compensatory amounts,               the trade practices in force in the country of shipment.
                                                                  The contractor and the recipient's representative shall
  (') OJ No L 213 , 11 . 8 . 1975, p. 5.                          be invited to take part in the operation .
 ---pagebreak--- No L 38 / 14                        Official Journal of the European Communities                                 9 . 2 . 84
Two sealed samples shall be kept by the intervention                                     Article 8
agency until issue of the taking-over certificate or until
issue of the certificate referred to in Article 6 (2).         1 . The security referred to in Article 2 shall be
                                                              released immediately :
3 . If the inspection referred to in paragraph 1 gives
                                                              — in respect of quantities not delivered on account of
rise to a dispute, the intervention agency shall arrange
                                                                   force majeure,
for a second inspection by a different body, the
findings of which shall be final . The costs relating         — in respect of the quantities delivered in accordance
thereto shall be borne by the losing party.                         with this Regulation and on presentation of the
                                                                    original of the taking-over certificate or a certified
4. Where the inspection provided for in the pre­                    true copy thereof or, if this is not available, the
ceding paragraphs reveals that the goods do not satisfy             certificate referred to in Article 6 (2).
the requirements stipulated, they must be refused and
replaced. Where some quantities are missing the               2.      The security referred to in Article 7 (4) shall be
contractor must make up the cargo.                            released immediately when the contractor furnishes
                                                              proof in accordance with Article 6 that at least 80 %
                                                              of the quantity provided for has been delivered in
                          Article 6                           conformity with the conditions laid down in this
                                                              Regulation.
1 . A taking-over certificate shall be issued by the
recipient immediately following unloading at the final
                                                                                         Article 9
destination. The certificate shall state the place and
date of taking over. It shall give a description of the
goods taken over in the form given in Annex II and            If the contractor has to bear exceptional costs in
any comments by the recipient.                                respect of the delivery made under this Regulation
                                                              which cannot be covered by insurance, he may receive
2. Where the taking-over certificate is not issued for        compensation therefor on production of supporting
reasons other than a dispute about the goods, proof of        documents and with the prior agreement of the
                                                               Commission .
delivery may be provided by means of a certificate of
the form given in Annex II endorsed by the Commu­
nity representative in the country of destination .                                     Article 10
                          Article 7                            Except in case of force majeure the contractor shall
                                                               bear all the financial consequences of the non-delivery
                                                               of the goods under the conditions laid laid down in
 1 . Payment to the contractor shall be made by the
intervention agency of the Member State in which the
                                                               this Regulation if the recipient had made delivery
                                                               possible under such conditions.
customs export formalities are completed.
                                                              The costs resulting from the non-delivery of the goods
2. The amount to be paid shall be that of the tender           following a case of force majeure shall be borne by the
plus, where appropriate, the costs referred to in Article      intervention agency responsible for payment.
9 . It shall be paid in the currency of the Member State
which is responsible for payment. For this purpose
this amount shall be converted by using the method                                      Article 11
indicated in Article 3 (2).
                                                               Articles 21 and 22 ( 1 ) and (2) of Regulation (EEC) No
3 . The amount referred to in paragraph 2 shall be              1974/80 shall apply in the context of this Regulation .
paid to the contractor on presentation of the original
of the taking-over certificate or a certified copy             The intervention agency responsible for payment shall,
thereof, or, if this is not available, of the certificate      on receipt, forward the information referred to in
 referred to in Article 6 (2).                                 Article 4 (3) to the Commission .
4. The intervention agency is hereby authorized to             The intervention agency in the country of shipment
 make without delay an initial payment to the                  shall send the Commission, without delay, the results
 contractor of 80 % of the value of the quantity given         of the inspection referred to in Article 5.
 in the bill of lading, on presentation of a copy of that
 document and the attestation referred to in Article 5
( 1 ), and subject to the provision of a security for an                                Article 12
 amount equal to the initial payment.
                                                               This Regulation shall enter into force on the day
The said security shall be lodged in accordance with            following its publication in the Official Journal of the
 Article 2 (2) (b).                                             European Communities.
 ---pagebreak--- 9 . 2. 84                    Official Journal of the European Communities                        No L 38 / 15
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States .
          Done at Brussels, 8 February 1984.
                                                                 For the Commission
                                                                   Poul DALSAGER
                                                             Member of the Commission
 ---pagebreak--- No L 38716                          Official Journal of the European Communities                                  9 . 2. 84
                                                         ANNEX I
             1 . Programme : 1983
            2. Recipient : Central African Republic
            3. Place or country of destination : Bangui
            4. Product to be mobilized : common wheat flour
             5. Total quantity : 730 tonnes (1 000 tonnes of cereals)
             6 . Number of lots : one
             7. Intervention agency responsible for conducting the procedure :
                 Azienda di Stato per gli interventi sui mercati agricoli (AIMA), via Palestre 81 , I-Roma (telex
                 613 003)
             8. Method of mobilizing the product : the Community market
             9. Characteristics of the goods :
                 — flour of fair and sound merchantable quality, free from abnormal smell and pests
                 — moisture : 14 % maximum
                 — protein content : 1 0,5 % minimum (N x 6,25 on dry matter)
                 — ash content : 0,62 % maximum referred to dry matter
           10 . Packaging :
                 — in new bags :
                     composite sacks jute/polypropylene of a minimum weight of 335 grams
                 — net weight of the bags : 50 kilograms
                 — marking on the bags in letters at least 5 cm high :
                     'FARINE DE FROMENT / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EURO­
                     PÉENNE À LA RÉPUBLIQUE CENTRAFRICAINE'
           1 1 . Port of shipment : a Community port
           1 2. Delivery stage :
                 delivered destination — Bangui — stores of the SICPAD in Bangui — via Douala
           13. Procedure to be applied in order to determine supply costs : mutual agreement
           14. Shipment period : 15 February to 15 March 1984
           1 5. Security : 1 2 ECU per tonne
           Note :
           Since the goods may be rebagged, the co-contractor must provide 2 % of empty bags of the same
           quality as those containing the goods, with the marking followed by a capital 'R'.
 ---pagebreak--- 9 . 2 . 84                         Official Journal of the European Communities                                  No L 38 / 17
                                                       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 in Annex I to Regulation (EEC)
           No 328 / 84 .