CELEX: 31984R3503
Language: en
Date: 1984-12-12 00:00:00
Title: Commission Regulation (EEC) No 3503/84 of 12 December 1984 on the supply of maize to the United Nations high commissioner for refugees (UNHCR) as food aid

14 . 12 . 84                             Official Journal of the European Communities                         No L 327/49
                                    COMMISSION REGULATION (EEC) No 3503/84
                                                     of 12 December 1984
               on the supply of maize to the United Nations High Commissioner for Refugees
                                                     (UNHCR) as food aid
THE COMMISSION OF THE EUROPEAN                                     amended by Regulation (EEC) No 3323/81 (9), should
COMMUNITIES,                                                       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                   Whereas, however, the specific provisions concerning
zation of the market in cereals ('), as last amended by            delivery to destination must be set out ; whereas the
Regulation (EEC) No 1018/84 (2),                                   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                Whereas it must be made clear who is to bear any
particular Article 6 thereof,                                      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
1278/84 of 7 May 1984 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 (5),                                                          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
the exchange rates to be applied for the purposes of               HAS ADOPTED THIS REGULATION :
the common agricultural policy (6), as last amended by
Regulation (EEC) No 2543/73 (7), and in particular                                         Article 1
Article 3 thereof,
                                                                    1 . The intervention agency mentioned in Annexes
Having regard to the opinion of the Monetary                       la, lb and Ic hereto is hereby required to implement
Committee,                                                         the mobilization and supply of the product stated in
Whereas on 30 May 1984 the Commission of the                       the said Annexes as food aid, subject to the provisions
European Communities decided to grant, under                       of this Regulation.
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 ;
Whereas, pursuant to Article 3 (3) of Council Regula­              3.     Annexes la, lb and Ic shall take the place of a
tion (EEC) No 2750/75, the goods may be purchased                  notice of invitation to tender. The intervention agency
anywhere on the Community market ;                                 responsible shall make further publications as neces­
                                                                   sary.
Whereas an invitation to tender should be issued for
supply of the products delivered unloaded at destina­                                      Article 2
tion in view of the final use to be made of the goods
delivered ;                                                        1 . For the purposes of the invitation to tender, the
Whereas the provisions of Commission Regulation                    following provisions of Regulation (EEC) No 1974/80
(EEC) No 1974/80 of 22 July 1980 laying down                       shall apply :
general implementing rules in respect of certain food              — Article 4, except the provisions of paragraphs 3 (e)
aid operations involving cereals and rice (8), as last                  and 4 (d) and (e), in respect of submission of
                                                                        tenders,
(') OJ  No   L 281 , 1 . 11 . 1975, p. 1 .                         — Article 5 in respect of provision of security,
(2) OJ  No   L 107, 19. 4. 1984, p. 1 .                            — Article 6 in respect of opening and reading
0   OJ  No   L 281 , 1 . 11 . 1975, p. 89.                              tenders,
0   OJ  No   L 352, 14. 12. 1982, p. 1 .
(5) OJ  No   L 124, 11 . 5. 1984, p. 1 .                           — Article 8 in respect of comparing tenders.
(6) OJ  No   106, 30 . 10 . 1962, p. 2553/ 62.
f)  OJ  No   L 263, 19 . 9 . 1973, p. 1 .
(8) OJ  No   L 192, 26 . 7 . 1980 , p. 11 .                        n OJ No L 334, 21 . 11 . 1981 , p. 27 .
 ---pagebreak--- No L 327/ 50                        Official Journal of the European Communities                                14. 12 . 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 Annexes la, lb and Ic                   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
                                                                                         Article 5
referred to in Article 4 (4) of Regulation (EEC) No
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.
                         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--- 14 . 12. 84                          Official Journal of the European Communities                         No L 327/ 51
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
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
an amount equal to the initial payment.                        4 (3) to the Commission .
                                                               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 327/52                  Official Journal of the European Communities                        14. 12. 84
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States .
          Done at Brussels, 12 December 1984.
                                                                 For the Commission
                                                                   Poul DALSAGER
                                                             Member of the Commission
 ---pagebreak--- 14 . 12 . 84                            Official Journal of the European Communities                                  No L 327/53
                                                              ANNEX la
                1 . Programme : 1984
               2 . Recipient : UNHCR
               3 . Place or country of destination : Uganda
               4 . Product to be mobilized : maize
               5 . Total quantity : 500 tonnes
               6 . Number of lots : one in two parts
                    — part 1 : 250 tonnes
                    — part 2 : 250 tonnes
               7. Intervention agency responsible for conducting the procedure :
                    Office national interprofessionnel des céréales (ONIC), 21 , avenue Bosquet, F-75007 Paris (telex
                    OFIBLE 200 490 F)
               8 . Method of mobilizing the product : the Community market
               9 . Characteristics of the goods :
                    (a) maize for human consumption, of sound merchantable quality, free of odour and pests
                    (b) moisture content : 15%
                    (c) total percentage of matter other than basic cereals of unimpaired quality : 5 % , of which :
                        — percentage of broken grains : 2 % ('broken grains' means pieces of grain or grains which
                             pass through a sieve with a circular mesh 4,5 mm in diameter)
                        — percentage of grain impurities : 2 % ('grain impurities' means grains of other cereals,
                            grains damaged by pests and grains of abnormal coloration, the latter being grains which
                             have acquired, through heating, a darkish brown colour on a fairly substantial part of the
                             tegument and of the kernel and are not damaged grains)
                        — percentage of sprouted grains : 0,5 %
                        — percentage of miscellaneous impurities : 0,5 % ('miscellaneous impurities' consist of weed
                             seeds, damaged grains, extraneous matter, husks, dead insects and fragments of insects)
             10 . Packaging :
                    — in new bags :
                        — jute sacks of a minimum weight of 600 g, or
                        — polypropylene sacks of a minimum weight of 120 g
                    — net weight of the bags 50 kg
                    — marking on the bags in letters at least 5 cm high :
                        ' MAIZE / GIFT OF THE EUROPEAN ECONOMIC COMMUNITY / UNHCR
                        PROGRAMME FOR UGANDA / FOR FREE DISTRIBUTION / KAMPALA VIA
                        MOMBASA'
             1 1 . Port of shipment : a Community port
             12. Delivery stage :
                    delivered destination — UNHCR, Second floor, Crusador House, 3 Portal Avenue, Kampala via
                    Mombasa
             1 3 . Procedure to be applied in order to determine supply costs : tendering
             14 . Deadline for the submission of tenders : 12 noon on 3 January 1985
             15 . Shipment period :
                    — part 1 : 20 January to 20 February 1985
                    — part 2 : 25 February to 25 March 1985
             16 . Security : 6 ECU per tonne
             Notes :
             1 . 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'.
             2 . The successful tenderer shall send a copy of the shipping documents to the following address :
                   Commission Delegation in Uganda, c/o ' Diplomatic Bag', Berlaymont 1 / 123, 200 rue de la Loi,
                   B-1049 Brussels .
 ---pagebreak--- No L 327/ 54                           Official Journal of the European Communities                                    14 . 12 . 84
                                                            ANNEX lb
              1 . Programme : 1984
              2. Recipient : UNHCR
              3 . Place or country of destination : Zaire
              4 . Product to be mobilized : maize
              5 . Total quantity : 492 tonnes
              6 . Number of lots : one
              7. Intervention agency responsible for conducting the procedure :
                   Office national interprofessionnel des cereales (ONIC), 21 , avenue Bosquet, F-75007 Paris (telex
                   OFIBLE 200 490 F)
              8 . Method of mobilizing the product : the Community market
              9. Characteristics of the goods :
                   (a) maize for human consumption, of sound merchantable quality, free of odour and pests
                   (b) moisture content : 1 5 %
                   (c) total percentage of matter other than basic cereals of unimpaired quality : 5 % , of which :
                        — percentage of broken grains : 2 % ('broken grains' means pieces of grain or grains which
                            pass through a sieve with a circular mesh 4,5 mm in diameter)
                        —>, percentage of grain impurities : 2% ('grain impurities' means grains of other cereals,
                            grains damaged by pests and grains of abnormal coloration, the latter being grains which
                            have acquired, through heating, a darkish brown colour on a fairly substantial part of the
                            tegument and of the kernel and are not damaged grains)
                        — percentage of sprouted grains : 0,5 %
                        — percentage of miscellaneous impurities : 0,5 % ('miscellaneous impurities' consist of weed
                            seeds, damaged grains, extraneous matter, husks, dead insects and fragments of insects)
            10 . Packaging :
                   — in new bags :
                        — jute sacks of a minimum weight of 600 g, or
                        — polypropylene sacks of a minimum weight of 120 g
                   — net weight of the bags 50 kg
                   — marking on the bags in letters at least 5 cm high :
                        'MAÏS / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EUROPÉENNE / PROGRAMME
                        DE L'UNHCR EN FAVEUR DES RÉFUGIÉS AU ZAÏRE / DISTRIBUTION GRATUITE /
                        LUBUMBASHI VIA DAR-ES-SALAAM'
            11 . Port of shipment : a Community port
            12. Delivery stage :
                    delivered destination — Lubumbashi Batiment, Centre ave Mama Yemo, Lubumbashi via Dar­
                    es-Salaam
             13 . Procedure to be applied in order to determine supply costs : tendering
             14. Deadline for the submission of tenders : 12 noon on 3 January 1985
             15 . Shipment period : 20 January to 20 February 1985
             16 . Security : 6 ECU per tonne
             Notes :
             1 . 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'.
             2. The successful tenderer shall send a copy of the shipping documents to the following address :
                  Commission Delegation in Zaire, c/o 'Diplomatic Bag', Berlaymont 1 / 123, 200 rue de la Loi,
                  B-1049 Brussels .
 ---pagebreak--- 14 . 12 . 84                           Official Journal of the European Communities                                  No L 327/55
                                                             ANNEX Ic
               1 . Programme : 1984
               2. Recipient : UNHCR
               3 . Place or country of destination : Zambia
               4 . Product to be mobilized : maize
               5 . Total quantity : 500 tonnes
               6 . Number of lots : one
               7 . Intervention agency responsible for conducting the procedure :
                   Office national interprofessionnel des céréales (ONIC), 21 , avenue Bosquet, F-75007 Paris (telex
                   OFIBLE 200 490 F)
               8 . Method of mobilizing the product : the Community market
               9 . Characteristics of the goods :
                   (a) maize for human consumption, of sound merchantable quality, free of odour and pests
                   (b) moisture content : 15 %
                   (c) total percentage of matter other than basic cereals of unimpaired quality : 5 % , of which :
                       — percentage of broken grains : 2 % ('broken grains' means pieces of grain or grains which
                            pass through a sieve with a circular mesh 4,5 mm in diameter)
                       — percentage of grain impurities : 2 % ('grain impurities' means grains of other cereals,
                           grains damaged by pests and grains of abnormal coloration, the latter being grains which
                            have acquired, through heating, a darkish brown colour on a fairly substantial part of the
                            tegument and of the kernel and are not damaged grains)
                       — percentage of sprouted grains : 0,5 %
                       — percentage of miscellaneous impurities : 0,5 % ('miscellaneous impurities' consist of weed
                            seeds, damaged grains, extraneous matter, husks, dead insects and fragments of insects)
             10 . Packaging :
                   — in new bags :
                       — jute sacks of a minimum weight of 600 g, or
                       — polypropylene sacks of a minimum weight of 120 g
                   — net weight of the bags 50 kg
                   — marking on the bags in letters at least 5 cm high :
                       'MAIZE / GIFT OF THE EUROPEAN ECONOMIC COMMUNITY / UNHCR
                       PROGRAMME FOR ZAMBIA / FOR FREE DISTRIBUTION / LUSAKA VIA DAR-ES
                       SALAAM '
             11 . Port of shipment : a Community port
             1 2. Delivery stage :                                                               '
                   delivered destination — Renault House, Great North Road, Lusaka via Dar-es-Salaam
             13 . Procedure to be applied in order to determine supply costs : tendering
             14. Deadline for the submission of tenders : 12 noon on 3 January 1985
             15 . Shipment period : 20 January to 20 February 1985
             16 . Security : 6 ECU per tonne
             Notes :
             1 . 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'.
             2. The successful tenderer shall send a copy of the shipping documents to the following address :
                  Commission Delegation in Zambia, c/o 'Diplomatic Bag', Berlaymont 1 / 123, 200 rue de la Loi,
                  B-1049 Brussels .
 ---pagebreak--- No L 327/ 56                      Official Journal of the European Communities                                 14 . 12 . 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
            The quality of the goods delivered is in accordance with that fixed.