CELEX: 31984R1608
Language: en
Date: 1984-06-06 00:00:00
Title: Commission Regulation (EEC) No 1608/84 of 6 June 1984 on delivery of maize to the Republic of Mali as food aid

No L 152/50                             Official Journal of the European Communities                               8 . 6. 84
                                     COMMISSION REGULATION (EEC) No 1608/84
                                                         of 6 June 1984
                                on delivery of maize to the Republic of Mali 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 1451 /82 (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
 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 (*),
                                                                   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 30 May 1984 the Commission of the                       Regulation.
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,
(') OJ  No  L 281 , 1 . 11 . 1975, p. 1 .
                                                                   — Article 6 in respect of opening and reading
                                                                        tenders,
0   OJ  No  L 164, 14. 6. 1982, p. 1 .
0   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 .
O   OJ  No  L 124, 11 . 5. 1984, p. 1 .
(«) 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 .                           O OJ No L 334, 21 . 11 . 1981 , p. 27.
 ---pagebreak--- 8 . 6. 84                          Official Journal of the European Communities                           No L 152/51
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                                      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 1 5 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
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--- No L 152/52                          Official Journal of the European Communities                               8 . 6. 84
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 1 1
 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--- 8 . 6. 84                     Official Journal of the European Communities                      No L 152/53
          This Regulation "shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 6 June 1984.
                                                                  For the Commission
                                                                    Poul DALSAGER
                                                              Member of the Commission
 ---pagebreak--- No L 152/54                          Official Journal of the European Communities                                   8 . 6. 84
                                                           ANNEX I
             1 . Programme : 1984
             2. Recipient : Republic of Mali
             3. Place or country of destination : Republic of Mali
             4. Product to be mobilized : maize
             5. Total quantity : 1 5 000 tonnes
             6. Number of lots :
                  one in two parts (part 1 : 7 500 tonnes for Gao / part 2 : 7 500 tonnes for Tombouctou)
             7. Intervention agency responsible for conducting the procedure :
                  Office national interprofessionnel des céréales (ONIC), 21 , avenue Bosquet, F-75007 Paris (telex
                  OFIBLE 270 807 F)
             8. Method of mobilizing die 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
                     — composite sacks jute/polypropylene of a minimum weight of 335 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 À LA
                     RÉPUBLIQUE DU MALI'
          11 . Port of shipment : a Community port
          12. Delivery stage :
                 delivered destination — Centre de stockage de 1 OPAM :
                 — part 1 : 7 500 tonnes Gao, via Lomé
                 — part 2 : 7 500 tonnes Tombouctou, via Lomé
          1 3. Procedure to be applied in order to determine supply costs : tendering
          14. Deadline for die submission of tenders : 12 noon on 19 June 1984
          15. Shipment period : 1 to 31 July 1984
          1 6. 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 Mali, c/o "Diplomatic Bag', Berlaymont 1 / 123, 200 rue de la Loi,
                B-1049 Brussels.
 ---pagebreak--- 8 . 6. 84                        Official Journal of the European Communities                              No L 152/55
                                                     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.