CELEX: 31984R0281
Language: en
Date: 1984-02-01 00:00:00
Title: Commission Regulation (EEC) No 281/84 of 1 February 1984 on the supply of various consignments of cereals and rice to the United Nations High Commissioner for Refugees (UNHCR) as food aid

No L 32/ 16                             Official Journal of the European Communities                                3 . 2 . 84
                                      COMMISSION REGULATION (EEC) No 281 /84
                                                        of 1 February 1984
                on the supply of various consignments of cereals and rice to the United Nations
                               High Commissioner for Refugees (UNHCR) as food aid
 THE COMMISSION OF THE EUROPEAN                                      Whereas the provisions of Commission Regulation
 COMMUNITIES,                                                        (EEC) No 1974/80 of 22 July 1980 laying down
  Having regard to the Treaty establishing the European              general implementing rules in respect of certain food­
 Economic Community,                                                 aid operations involving cereals and rice (10), as last
                                                                     amended by Regulation (EEC) No 3323/81 ("), should
 Having regard to Council Regulation (EEC) No                        be applied as far as possible, particularly in respect of
 2727/75 of 29 October 1975 on the common organi­                    the procedure for submission of tenders, since the
 zation of the market in cereals ('), as last amended by             manner in which the security is lodged must guarantee
 Regulation ( EEC) No 1451 /82 (2),                                  that the successful tenderer complies with his obliga­
 Having regard to Council Regulation (EEC) No                        tions ;
  1418 /76 of 21 June 1976 on the common organization
 of the market in rice (3), as last amended by Regulation            Whereas, however, the specific provisions concerning
                                                                     delivery to destination must be set out ; whereas the
 (EEC) No 1 74/84 (4), and in particular Article 25
 thereof,                                                            successful tenderer 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
 2750/75 of 29 October 1975 fixing criteria for the                  the destination is provided ;
 mobilization of cereals intended as food aid 0, as
 amended by Regulation (EEC) No 3331 /82 (6), 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
                                                                     majeure the operation in question is not completed
 Having regard to Council Regulation (EEC) No                       within the period stipulated ;
 1992/83 of 11 July 1983 laying down the implement­
 ing rules for 1983 for Regulation (EEC) No 3331 /82                Whereas the measures provided for in this Regulation
 concerning food-aid policy and food-aid manage­                    are in accordance with the opinion of the Management
 ment Q,                                                            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 (8), as last amended by                                      Article 1
 Regulation (EEC) No 2543/73 (9), and in particular
Article 3 thereof,                                                   1 . The intervention agencies mentioned in the
                                                                    Annexes hereto are hereby required to implement the
 Having regard to the opinion of the Monetary                       mobilization and supply of the products stated in the
Committee,
                                                                    said Annexes as food aid, subject to the provisions of
Whereas, on 29 July 1983, the Commission of the                     this Regulation .
 European Communities decided to grant, under a
Community measure, 2 335 tonnes of cereals to                       2.     Supply of the products shall be organized under
UNHCR under the food-aid programme for 1983 ;                       the tender procedure.
Whereas pursuant to Article 3 (3) of Council Regula­                3 . The Annexes shall take the place of a notice of
tion (EEC) No 2750/75 the goods may be purchased                    invitation to tender. The intervention agency respon­
anywhere on the Community market ;                                  sible shall make further publications as necessary.
Whereas an invitation to tender should be issued for
                                                                                            Article 2
supply of the products delivered unloaded at destina­
tion in view of the final use to be made of the goods                1.    For the purposes of the invitation to tender, the
delivered ;                                                         following provisions of Regulation (EEC) No 1974/80
                                                                    shall apply :
(') OJ  No  L 281 , 1 . 11 . 1975, p. 1 .                           — Article 4, except the provisions of paragraph 3 (e)
(2) OJ  No  L 164, 14. 6 . 1982, p. 1 .                                  and paragraph 4 (d) and (e), in respect of submis­
O   OJ  No  L 166, 25. 6. 1976, p. 1 .
(") OJ  No  L 21 , 26 . 1 . 1984, p. 1 .                                 sion of tenders,
O   OJ  No  L 281 , 1 . 11 . 1975 , p. 89 .                         — Article 5 in respect of provision of security,
(*) OJ  No  L 352, 14 . 12. 1982, p. 1 .
0   OJ  No  L 196, 20 . 7 . 1983 , p. 1 .
(8) OJ  No  106, 30 . 10 . 1962, p . 2553/62.                       (10) OJ No L 192, 26. 7. 1980, p. 11 .
n Oj No L 263, 19 . 9 . 1973, p. 1 .                                (") OJ No L 334, 21 . 11 . 1981 , p . 27 .
 ---pagebreak--- 3 . 2 . 84                           Official Journal of the European Communities                             No L 32/ 17
— Article 6 in respect of opening and reading                  housing at the destination . He shall take out suitable
     tenders ,                                                 insurance .
— if any, Article 8 in respect of comparing tenders.
                                                               2.    The successful tenderer shall bear all the risks
2.       The tender shall indicate the amount of the           relating to the goods, in particular of loss or deteriora­
tender expressed per tonne of product, in the currency         tion to which the goods are subject, until they have
of the Member State where the tendering procedure is           effectively been unloaded and delivered to the final
                                                               destination .
taking place. The tender must include the cost of
fumigation, unloading and warehousing at the final
destination .                                                  3.    The successful tenderer shall communicate as
                                                               soon as possible to the recipient's representative the
The tender shall state separately the amount of cost in        date of loading, the means of transport used to consign
respect of sea and land transport to the stipulated final      the goods to the final destination, and the probable
destination .                                                  date of arrival . He shall immediately send this infor­
                                                               mation to the intervention agency responsible for
The tender shall indicate the Member State in which            payment, which shall forward it without delay to the
                                                               Commission .
the tenderer, in the event of his being declared
successful, undertakes to complete the customs export
formalities .                                                  The tenderer shall advise the recipient's representative,
                                                               at least three days in advance, of the probable date of
3.     ' The tenderer shall carry out his obligations          arrival of the goods at the final destination .
pursuant to this Regulation and the undertakings
referred to in Article 4 (4) of Regulation (EEC) No
 1974/80, with the exception of subparagraphs (d) and                                   A rticle 5
(e) thereof.
                                                                1 . The intervention agency of the country of ship­
4. The tenderer shall undertake to ship in vessels
                                                               ment shall arrange for a check at the port before
listed in the larger classes in recognized classification      loading on the quantity, quality and packaging of the
registers, not more than 15 years old, and attested by a       goods. Following inspection an attestation shall be
competent body as meeting hygiene requirements.                issued by the intervention agency. The costs relating
                                                               thereto shall be borne by the successful tenderer.
                           Article 3
                                                               The successful tenderer shall provide that intervention
                                                               agency with a certificate from the organization which
 1.      Without prejudice to paragraphs 2 and 3, the          undertook fumigation, showing that that operation has
contract shall be awarded within 48 hours to the
                                                               been carried out.
tenderer who has submitted the most favourable
tender.
                                                               2. Samples intended for analysis shall be taken and
2.       Where the most favourable tender is submitted         the inspection shall be carried out in accordance with
by more than one tenderer, the intervention agency             the trade practices in force in the country of shipment.
shall award the contract to one of those tenderers by          The successful tenderer and the recipient's representa­
drawing lots.                                                  tive shall be invited to take part in the operation .
3.       If the tenders do not appear to be in line with       Two sealed samples shall be kept by the intervention
the prices normally prevailing on the market, the              agency until issue by the recipient of the taking-over
intervention agency may, with the agreement of the             certificate or until issue of the certificate referred to in
Commission, decide not to award the contract.                  Article 6 (2).
4. The intervention agency shall communicate the               3 . If the inspection referred to in paragraph 1 gives
results of the tendering procedure to all the tenderers        rise to a dispute, the intervention agency shall arrange
by letter or telex sent not later than the first working       for a second inspection by a service different from that
day following the award decision .                             mentioned in paragraph 1 , the findings of which shall
                                                               be final . The costs relating thereto shall be borne by
                                                               the losing party.
                           Article 4
                                                               4. Where the inspection provided for in the pre­
1.       The successful tenderer shall contract as neces­      ceding paragraphs reveals that the goods do not satisfy
sary, at his own expense, for carriage of the goods to         the requirements stipulated, they must be refused and
the     final  destination and shall  bear all   the costs     replaced . Where some quantities are missing the
involved, including those of unloading and ware­               successful tenderer must make up the cargo .
 ---pagebreak---  No L 32/ 18                          Official Journal of the European Communities                                 3 . 2. 84
                           Article 6                             — the successful tenderer in respect of quantities not
                                                                       delivered on account of force majeure,
 1 . A taking-over certificate shall be issued by the
 recipient immediately following unloading at the final
                                                                 — the successful tenderer in respect of the quantities
 destination . It shall state the place and date of taking
                                                                       delivered in accordance with this Regulation and
                                                                       on presentation of the original of the taking-over
 over and give a description of the goods taken over in                certificate or a certified true copy thereof or,
 the form given in Annex II and any comments by the
                                                                       where appropriate, the certificate referred to in
 recipient.                                                            Article 6 (2).
 2. Where the taking-over certificate is not issued for
 reasons other than a dispute about the goods, proof of          2.      The security referred to in Article 7 (4) shall be
 delivery may be provided by means of a certificate of           released immediately when the successful tenderer
 the form given in Annex II endorsed by the Commu­               furnishes the proof in accordance with Article 6 that at
 nity representative in the country of destination .             least 80 % of the quantity provided for has been
                                                                 delivered in conformity with the conditions laid down
                                                                 in this Regulation .
                           Article 7
 1 . Payment to the successful tenderer shall be made
                                                                                            Article 9
by the intervention agency of the Member State in
which the customs export formalities are completed.
                                                                 If the successful tenderer, for reasons of force majeure,
 2. The amount to be paid shall be that of the tender           has to bear exceptional costs in respect of the delivery
 plus, where appropriate, the costs referred to in              made under this Regulation which cannot be covered
Article 9. It shall be paid in the currency of the              by insurance, he may receive compensation therefor
Member State which is responsible • for payment. For            on production of supporting documents and with the
this purpose this amount shall be converted by using :          prior agreement of the Commission .
— where the currencies in question are maintained
     within a maximum spread at any one time of
     2,25 % , the conversion rate resulting from their                                      Article 10
     central rate,
— in other cases, the relationship between the two              Except in case of force majeure the successful tenderer
     currencies concerned established by using the              shall bear all the financial consequences of the non­
     latest statement of their spot exchange rates made         delivery of the goods under the conditions laid down
     immediately prior to the closing date for the              in this Regulation if the recipient had made delivery
     submission of tenders as published in the 'C' series       possible under such conditions.
     of the Official Journal of the European Commu­
     nities.                                                    The costs resulting from the non-delivery of the goods
                                                                following a case of force majeure shall be borne by the
3. The amount referred to in paragraph 2 shall be               intervention agency responsible for payment.
paid to the successful tenderer on presentation of the
original of the taking-over certificate or a certified
copy thereof or, if this is not available, of the certifi­                                  Article 11
cate referred to in Article 6 (2).
4. The intervention agency is hereby authorized to              Articles 21 and 22 ( 1 ) and (2) of Regulation (EEC) No
make without delay an initial payment of 80 % of the            1974/80 shall apply in the context of this Regulation .
value of the quantity given in the bill of lading, on
presentation of a copy of that document, of the attesta­        The intervention agency responsible for payment shall,
tion referred to in Article 5 ( 1 ) and of the fumigation       on receipt, send the information referred to in Article
certificate, and subject to the provision of a security for     4 (3) to the Commission .
an amount equal to the initial payment.
The said security shall be provided as laid down in             The intervention agency in the country of shipment
Article 5 (2) of Regulation (EEC) No 1974/80 .
                                                                shall send the Commission , without delay, the results
                                                                of the inspection referred to in Article 5.
                          Article 8
                                                                                           Article 12
1 . The security referred to in Article 2 shall be
immediately released to :
                                                                This Regulation shall enter into force on the day
— every tenderer whose tender was not successful or             following its publication in the Official Journal of the
    w;is not accepted ,                                         I. ii robed n Co m m u n itics.
 ---pagebreak--- 3 . 2. 84                    Official Journal of the European Communities                        No L 32/ 19
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States .
          Done at Brussels, 1 February 1984.
                                                                 For the Commission
                                                                   Poul DALSAGER
                                                             Member of the Commission
 ---pagebreak--- No L 32/20                           Official Journal of the European Communities                                 3 . 2. 84
                                                          ANNEX la
             1 . Programme : 1983
             2. Recipient : UNHCR — Uganda
             3 . Place or country of destination : Kampala
             4. Product to be mobilized : common wheat flour
             5. Total quantity : 500 tonnes (685 tonnes of common wheat)
             6 . Number of lots : two
                 Lot I : 250 tonnes
                 Lot 2 : 250 tonnes
             7. Intervention agency responsible for conducting the procedure : OBEA, rue de Treves 82,
                 B-1040 Bruxelles (telex 24 076)
             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 : 10,5 % minimum (N x 6,25 on dry matter)
                 — ash content : 0,62 % maximum referred to dry matter
           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) :
                     'WHEAT FLOUR / GIFT OF THE EUROPEAN ECONOMIC COMMUNITY TO UNHCR
                     / PROGRAMME OF ASSISTANCE IN UGANDA / KAMPALA'
           1 1 . Port of shipment : a Community port
           12. Delivery stage : delivered destination — Stores of UNHCR in Kampala via Mombasa (The
                 Representative, UNHCR, PO box 3813, Kampala, Uganda)
           1 3. Procedure to be applied in order to determine supply costs : tendering
           1 4. Deadline for the submission of tenders : 1 2 noon on 1 4 February 1984
           1 5. Shipment period :
                 Lot 1 : 1 to 31 March 1984
                 Lot 2:1 to 30 June 1984
           16 . Security : 12 ECU per tonne
           Notes :
           1 . The successful tenderer shall forward, through the intermediary of the intervention agency, to the
                recipient on the latter's request and in accordance with his instructions the documents necessary
                for importation of the goods into the country of destination.
           2. Since the goods may be rebagged, the successful tenderer must provide 2 % of empty bags of the
                same quality as those containing the goods, with the marking followed by a capital 'R'.
 ---pagebreak--- 3 . 2 . 84                          Official Journal of the European Communities                                  No L 32/ 21
                                                          ANNEX lb
             1 . Programme : 1983
             2. Recipient : UNHCR — Uganda
             3 . Place or country of destination : Kampala
             4. Product to be mobilized : maize flour
             5. Total quantity : 500 tonnes (850 tonnes of cereals)
             6 . Number of lots : two
                 Lot 1 : 250 tonnes
                 Lot 2 : 250 tonnes
             7. Intervention agency responsible for conducting the procedure :
                 Bundesanstalt für landwirtschaftliche Marktordnung (BALM), Adickeallee 40, D-6000 Frankfurt/
                 Main (telex 411 475)
             8 . Method of mobilizing the product : on the Community market
             9. Characteristics of the goods :
                 — maize flour ( 11.01 E I) for human consumption, of sound merchantable quality, free of odour
                     and pests
                 — moisture content : maximum 13 %
                 — acidity : 0,6 % maximum
           10 . Packaging :
                 — 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 :
                     'MAIZE FLOUR / GIFT OF THE EUROPEAN ECONOMIC COMMUNITY TO UNHCR /
                     PROGRAMME OF ASSISTANCE IN UGANDA / KAMPALA'
           1 1 . Port of shipment : a Community port
           12. Delivery stage : delivered destination — Stores of UNHCR in Kampala via Mombasa (The
                 Representative, UNHCR, PO box 3813, Kampala, Uganda)
           13 . Procedure to be applied in order to determine supply costs : tendering
           14. Deadline for the submission of tenders : 12 noon on 14 February 1984
           15. Shipment period :
                 Lot 1 : 1 to 31 March 1984
                 Lot 2:1 to 30 June 1984
           16. Security : 12 ECU per tonne
           Notes :
           1 . The successful tenderer shall forward, through the intermediary of the intervention agency, to the
                recipient on the latter's request and in accordance with his instructions the documents necessary
                for importation of the goods into the country of destination .
           2. Since the goods may be rebagged, the successful tenderer must provide 2 % of empty bags of the
                same quality as those containing the goods, with the marking followed by a capital 'R'.
 ---pagebreak--- No L 32/22                           Official Journal of the European Communities                                 3 . 2. 84
                                                          ANNEX Ic
             1 . Programme : 1983
             2. Recipient : UNHCR — Zaire
             3 . Place or country of destination : Aru via Mombasa
             4 . Product to be mobilized : maize flour
             5. Total quantity : 300 tonnes (510 tonnes of cereals)
             6 . Number of lots : one
             7. Intervention agency responsible for conducting the procedure :
                 Bundesanstalt für landwirtschaftliche Marktordnung (BALM), Adickesallee 40, D-6000 Frankfurt/
                 Main, (telex 411 475)
             8 . Method of mobilizing the product : on the Community market
             9 . Characteristics of the goods :
                 — maize flour ( 11.01 E I) for human consumption, of sound merchantable quality, free of odour
                     and pests
                 — moisture content : maximum 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 on the bags (in letters at least 5 cm high) :
                     'FARINE DE MAÏS / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EUROPÉENNE / À
                     DISTRIBUER GRATUITEMENT / ACTION HUMANITAIRE DE L'UNHCR POUR
                     RÉFUGIÉS AU ZAÏRE / ARU VIA MOMBASA'
           1 1 . Port of shipment : a Community port
           1 2. Delivery stage : delivered destination — Stores of UNHCR in Aru via Mombasa (M. le Délégué
                 regional, UNHCR, BP 7248, Kinshasa, Zaire)
           1 3 . Procedure to be applied in order to determine supply costs : tendering
           14. Deadline for the submission of tenders : 12 noon on 14 February 1984
           15 . Shipment period : 1 to 31 March 1984
           16 . Security : 1 2 ECU per tonne
           Notes :
           1 . The successful tenderer shall forward, through the intermediary of the intervention agency, to the
                recipient on the latter's request and in accordance with his instructions the documents necessary
                for importation of the goods into the country of destination.
           2. Since the goods may be rebagged, the successful tenderer must provide 2 % of empty bags of the
                same quality as those containing the goods, with the marking followed by a capital 'R\
 ---pagebreak--- 3 . 2. 84                            Official Journal of the European Communities                                 No L 32/23
                                                          ANNEX Id
             1 . Programmes : 1983
             2. Recipient : UNHCR — Central African Republic
            3. Place or country of destination : Bangui via Douala
            4. Product to be mobilized : fully milled long grain rice
            5 . Total quantity : 100 tonnes (290 tonnes of cereals)
            6. Number of lots : one
            7. Intervention agency responsible for conducting the procedure :
                  Ente nazionale Risi, piazza Pio XI, 1 , I-Milano (telex 334 032)
            8 . Method of mobilizing the product : the Community market
            9 . Characteristics of the goods :
                 — rice of fair and sound merchantable quality, free from abnormal smell and pests
                 — moisture : 1 5 %
                 — broken rice : 5 % maximum
                 —r  chalky grains : 5 % maximum
                 —   grains striated with red : 3 % maximum
                 —   spotted grains : 1,5% maximum
                 —   stained grains : 1 % maximum
                 —   yellow grains : 0,050 % maximum
                 —   amber grains : 0,20 % 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 on the bags in letters at least 5 cm high :
                     'RIZ / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EUROPÉENNE / PROGRAMME
                     DE L'UNHCR EN FAVEUR DES RÉFUGIÉS EN RÉPUBLIQUE CENTRAFRICAINE /
                     DISTRIBUTION GRATUITE / BANGUI VIA DOUALA'
          1 1 . Port of shipment : a Community port
          1 2. Delivery stage : delivered destination — Stores of UNHCR in Bangui via Douala (Le Chef de la
                 Sous-délégation du HCR à Bangui, c/o PNUD, BP 872, Bangui, République Centrafricaine)
          13 . Procedure to be applied in order to determine supply costs : tendering
          14. Deadline for the submission of tenders : 12 noon on 13 February 3984
          15. Shipment period : 1 to 31 March 1984
          1 6 . Security : 1 2 ECU per tonne
          Notes :
          1 . The successful tenderer shall forward, through the intermediary of the intervention agency, to the
                recipient on the latter's request and in accordance with his instructions the documents necessary
                for importation of the goods into the country of destination.
          2. Since the goods may be rebagged, the successful tenderer must provide 2 % of empty bags of the
                same quality as those containing the goods, with the marking followed by a capital 'R'.
 ---pagebreak--- No L 32/ 24                         Official Journal of the European Communities                               3 . 2. 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 in the invitation to tender.