CELEX: 31982R2739
Language: en
Date: 1982-10-12 00:00:00
Title: Commission Regulation (EEC) No 2739/82 of 12 October 1982 on delivery of common wheat and maize flour as food aid to the Upper Volta

No L 290 / 12                             Official Journal of the European Communities                            14. 10 . 82
                                   COMMISSION REGULATION (EEC) No 2739/82
                                                        of 12 October 1982
                 on delivery of common wheat and maize flour as food aid to the Upper Volta
THE COMMISSION OF THE EUROPEAN                                      Whereas, however, the specific provisions concerning
COMMUNITIES,                                                        delivery to destination must be set out ; whereas the
                                                                    successful tenderer must thus bear all risk in the goods
Having regard to the Treaty establishing the European               up to unloading at the stipulated destination ; whereas
Economic Community,                                                 payment can be made only when proof of delivery to
 Having regard to Council Regulation (EEC) No                       the destination is provided ;
2727/75 of 29 October 1975 on the common organi­
zation of the market in cereals ('), as last amended by             Whereas it must be made clear who is to bear any
Regulation (EEC) No 1451 /82 (2), and in particular                 costs which arise in the event that for reasons of force
Article 28 thereof,                                                  majeure the operation in question is not completed
                                                                    within the period stipulated ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                   Whereas the British and Italian intervention agencies
tions for the mobilization of cereals as food aid (3), and          should be made responsible for the tendering proce­
in particular Article 6 thereof,                                    dure in question ;
Having regard to Council Regulation No 129 of 23                    Whereas the measures provided for in this Regulation
October 1962 on the value of the unit of account and
                                                                    are in accordance with the opinion of the Management
the exchange rates to be applied for the purposes of                Committee for Cereals,
the common agricultural policy (4), as last amended by
Regulation (EEC) No 2543/73 (5), and in particular
Article 3 thereof,
                                                                    HAS ADOPTED THIS REGULATION :
 Having regard to the opinion of the Monetary
Committee,
                                                                                           Article 1
Whereas on 26 April 1982 the Council of the Euro­
pean Communities declared that by way of Commu­
nity action it proposed to grant Upper Volta 6 000                   1 . The intervention agencies mentioned in Annexes
tonnes of cereals under its 1982 food-aid programme ;               la and lb hereto are hereby required to implement the
                                                                    mobilization and supply of the product stated in the
Whereas pursuant to Article 3 (3) of Council Regula­                said Annexes as food aid, subject to the provisions of
tion (EEC) No 2750/75 the goods may be purchased                    this Regulation .
anywhere on the Community market ;
                                                                    2. Supply of the products shall be organized under
Whereas an invitation to tender should be issued for
                                                                    the tender procedure .
supply of the products delivered unloaded at Banfora
and Ouagadougou via Abidjan, in view of the final use               3.     Annexes la and lb shall take the place of a notice
to be made of the goods delivered ;                                 of invitation to tender. The intervention agency
Whereas the provisions of Commission Regulation
                                                                    responsible shall make further publications as neces­
                                                                    sary.
(EEC) No 1974/80 of 22 July 1980 laying down
general implementing rules in respect of certain food­
aid operations involving cereals and rice (6), as last                                     Article 2
amended by Regulation (EEC) No 3323/ 81 (J), should
be applied as far as possible, particularly in respect of            1.    For the purposes of the invitation to tender, the
the procedure for submission of tenders, since the                  following provisions of Regulation (EEC) No 1974/80
manner in which the security is lodged must guarantee               shall apply :
that the successful tenderer complies with his obliga­
tions ;                                                             — Article 4, except the provisions of paragraph 3 (e)
                                                                         and paragraph 4 (d) and (e), in respect of submis­
0)  OJ  No L 281 , 1 . 11 . 1975, p . 1 .                                sion of tenders,
(2) OJ  No L 164, 14. 6. 1982, p. 1 .                               — Article 5 in respect of provision of security,
(3) OJ  No L 281 , 1 . 11 . 1975, p . 89 .
(*) OJ  No  106, 30 . 10 . 1962, p . 2553 /62.                      — Article 6 in respect of opening and reading
(*) OJ  No L 263 , 19 . 9 . 1973 , p . 1 .                               tenders,
(6) OJ  No L 192, 26 . 7. 1980 , p . 11 .
O   OJ  No L 334, 21 . 11 . 1981 , p . 27.                          — Article 8 in respect of comparing tenders.
 ---pagebreak--- 14 . 10 . 82                        Official Journal of the European Communities                            No L 290 / 13
2.     The tender shall indicate the amount of the            tion to which the goods are subject, until they have
tender expressed per tonne of product, in the currency        effectively been unloaded and delivered to the final
of the Member State where the tendering procedure is          destination .
taking place. The tender must include the cost of
fumigation, unloading and warehousing at the final            3.     The successful tenderer shall communicate as
destination stated in the Annexes la and lb.                  soon as possible to the recipient's representative the
                                                              date of loading, the means of transport used to consign
The tender shall state separately the amount of cost in       the goods to the final destination, and the probable
respect of sea and land transport to the stipulated final     date of arrival. He shall immediately send this infor­
destination .                                                 mation to the intervention agency responsible for
                                                              payment, which shall forward it without delay to the
The tender shall indicate the Member State in which           Commission .
the tenderer, in the event of his being declared
successful, undertakes to complete the customs export         The tenderer shall advise the recipient's representative,
formalities .                                                 at least three days in advance, of the probable date of
                                                              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 subparagraphs (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 a certificate from the organization which
                                                               undertook fumigation, showing that that operation has
 1.    Without prejudice to paragraphs 2 and 3, the            been carried out.
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 prece­
                         Article 4                             ding 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 .
                                                                1 . A taking-over certificate shall be issued by the
 2.    The successful tenderer shall bear all the risks         recipient immediately following unloading at the final
 relating to the goods, in particular of loss or deteriora­     destination . It shall state the place and date of taking
 ---pagebreak--- No L 290/ 14                         Official Journal of the European Communities                              14 . 10 . 82
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, where
nity representative in the country of destination .                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 this purpose             If the successful tenderer, for reasons of force majeure,
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).
                                                                                        A rticle 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 ( I ) 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 :                                      Eu ropea n Com m u n ities.
 ---pagebreak--- 14 . 10 . 82                     Official Journal of the European Communities                     No L 290/ 15
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels , 12 October 1982.
                                                                    For the Commission
                                                                      Poul DALSAGER
                                                                Member of the Commission
 ---pagebreak--- No L 290 / 16                         Official Journal of the European Communities                              14 . 10 . 82
                                                           ANNEX la
               1 . Programme : 1982
              2. Recipient : Upper Volta
               3 . Place or country of destination : Upper Volta
              4 . Products to be mobilized : common wheat
               5 . Total quantity : 4 000 tonnes
               6 . Number of lots : one
               7. Intervention agency responsible for conducting the procedure :
                    Intervention Board for Agricultural Produce, Fountain House, 2 West Mall, Reading RGl 7QW,
                    Berks, UK (telex 848 302)
               8 . Method of mobilizing the product : the Community market
               9 . Characteristics of the goods :
                    the common wheat must be of fair and sound merchantable quality and correspond at least to
                    the minimum bread-making quality required for intervention (moisture : maximum 14-5%)
             10. Packaging :
                    — in bags (')
                    — quality of the bags : new jute sacks, 600 g
                    — net weight of the bags : 50 kg
                    — marking on the bags in letters at least 5 cm high :
                        'FROMENT / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EUROPÉENNE À LA
                        RÉPUBLIQUE DE HAUTE-VOLTA'
             11 . Port of shipment : a Community port
             1 2. Delivery stage : delivered destination — Grands Moulins Voltai'ques (GMV), Banfora, BP 64,
                    telex 8212 UV, via Abidjan
             13 . Procedure to be applied in order to determine supply costs : tendering
             14 . Deadline for the submission of tenders : 12 noon on 27 October 1982
             15 . Shipment period : 10 to 30 November 1982
             16 . Security : 6 ECU per tonne
             (') 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'.
 ---pagebreak--- 14 . 10 . 82                         Official Journal of the European Communities                                 No L 290/ 17
                                                          A NNEX lb
               1 . Programme : 1982
               2. Recipient : Upper Volta
               3 . Place or country of destination : Upper Volta
               4 . Product to be mobilized : maize flour
               5 . Total quantity : 1 180 tonnes (2 000 tonnes of cereals)
               6 . Number of lots : one
               7. Intervention agency responsible for conducting the procedure :
                   AIMA — Azienda di Stato per gli Interventi sui Mercati Agricoli, via Palestro 81 , I-Roma (telex
                   613 003
               8 . Method of mobilizing the product : on the Community market
               9 . Characteristics of the goods :
                   — maize flour (1 1.01 E I) for human consumption, of sound merchantable quality, free of odour
                      and pests
                   — moisture content : maximum 1 3 %
                   — acidity : 0-6 % maximum
             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 of the bags (in letters at least 5 cm high) :
                      'FARINE DE MAÏS / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EUROPÉENNE À
                      LA RÉPUBLIQUE DE HAUTE-VOLTA'
             1 1 . Port of shipment : a Community port
             12. Delivery stage : delivered destination — Centre national de Stockage et d Approvisionnement
                   de Ouagadougou (CNSAO) — BP 1032, Ouagadougou via Abidjan
             1 3. Procedure to be applied in order to determine supply costs : tendering
             14 . Deadline for the submission of tenders : 12 noon on 26 October 1982
             15. Shipment period : 10 to 30 November 1982
             16 . Security : 12 ECU per tonne
             (') 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'.
 ---pagebreak--- No L 290 / 18                      Official Journal of the European Communities                                  14 . 10 . 82
                                                       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 :                                                      i
                in bulk :
                in bags :
            — Number of bags :                                                            at              kg net
                marking :
                number of marked empty bags :
            — Place of taking over :
            — Date of taking over :
            This quality of the goods delivered is in accordance with that fixed.