CELEX: 31983R3406
Language: en
Date: 1983-11-30 00:00:00
Title: Commission Regulation (EEC) No 3406/83 of 30 November 1983 on delivery of common wheat as food aid to the Kingdom of Lesotho

No L 337/28                             Official Journal of the European Communities                              2. 12. 83
                                  COMMISSION REGULATION (EEC) No 3406/83
                                                     of 30 November 1983
                  on delivery of common wheat as food aid to the Kingdom of Lesotho
THE COMMISSION OF THE EUROPEAN                                      whereas the provisions of Commission Regulation
 COMMUNITIES,                                                      (EEC) No 1974/80 of 22 July 1980 laying down
                                                                   general implementing rules in respect of certain food­
 Having regard to the Treaty establishing the European             aid operations involving cereals and rice (8), as last
 Economic Community,                                               amended by Regulation (EEC) No 3323/81 (9), should
                                                                   be applied as far as possible, particularly in respect of
                                                                   the procedure for submission of tenders, since the
 Having regard to Council Regulation (EEC) No
                                                                   manner in which the security is lodged must guarantee
2727/75 of 29 October 1975 on the common organi­
                                                                   that the successful tenderer complies with his obliga­
zation of the market in cereals ('), as last amended by            tions ;
Regulation (EEC) No 1451 /82 (2),
                                                                   Whereas, however, the specific provisions concerning
 Having regard to Council Regulation (EEC) No                      delivery to destination must be set out ; whereas the
2750/75 of 29 October 1975 fixing criteria for the
                                                                   successful tenderer must thus bear all risk in the goods
mobilization of cereals intended as food aid (3), as
                                                                   up to unloading at the stipulated destination ; whereas
amended by Regulation (EEC) No 3331 /82 (4), and in                payment can be made only when proof of delivery to
particular Article 6 thereof,                                      the destination is provided ;
 Having regard to Council Regulation (EEC) No                      Whereas it must be made clear who is to bear any
 1992/83 of 11 July 1983 laying down the implemen­                 costs which arise in the event for reasons of force
ting rules for 1983 for Regulation (EEC) No 3331 /82                majeure the operations in question is not completed
concerning food-aid policy and food-aid manage­                    within the period stipulated ;
ment o,
                                                                   Whereas the German intervention agency should be
 Having regard to Council Regulation No 129 of 23                  made responsible for the tendering procedure in ques­
October 1962 on the value of the unit of account and
                                                                   tion ;
the exchange rates to be applied for the purposes of
the common agricultural policy (6), as last amended by
Regulation (EEC) No 2543/73 Q, and in particular                   Whereas the measures provided for in this Regulation
Article 3 thereof,                                                 are in accordance with the opinion of the Management
                                                                   Committee for Cereals,
Having regard to the opinion of the Monetary
Committee,
                                                                   HAS ADOPTED THIS REGULATION :
Whereas on 29 July 1983 the Commission of the
European Communities decided to grant by way of
Community action 6 000 tonnes of cereals to Lesotho
under the 1983 food-aid programme ;                                                        Article 1
Whereas pursuant to Article 3 (2) of Council Regula­               1 . The intervention agency mentioned in Annex I
tion (EEC) No 2750/75 intervention products may be                 hereto is hereby required to implement the mobiliza­
utilized ;                                                         tion and supply of the product stated in the said
                                                                   Annex as food aid, subject to the provisions of this
Whereas an invitation to tender should be issued for               Regulation .
supply of the products delivered unloaded at Maseru
via Durban , in view of the final use to be made of the            2. Supply of the products shall be organized by
goods delivered ;                                                  tendering procedure.
                                                                   3.     Annex I shall take the place of a notice of invita­
(') OJ No  L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No  L 164, 14. 6 . 1982, p. 1 .                             tion to tender. The intervention agency responsible
0   OJ No  L 281 , 1 . 11 . 1975, p. 89 .                          shall make further publications as necessary.
o   OJ No  L 352, 14. 12. 1982, p. 1 .
0   OJ No  L 196, 20 . 7 . 1983, p. 1 .
(6) OJ No  106, 30 . 10 . 1962, p. 2553/62.                        (8) OJ No L 192, 26. 7. 1980, p. 11 .
0   OJ No  L 263, 19 . 9 . 1973, p. 1 .                            0 OJ No L 334, 21 . 11 . 1981 , p. 27.
 ---pagebreak--- 2. 12. 83                          Official Journal of the European Communities                            No L 337/29
                        Article 2                                                     Article 4
 1 . Without prejudice to the specific provisions of         1 . The intervention agency of the country of ship­
this Regulation the provisions of Articles 4, 5, 6 and 7     ment shall arrange for a check at the port before
of Regulation (EEC) No 1974/80 shall apply to the            loading on the quantity, quality and packaging of the
tendering procedure.                                         goods. Following inspection an attestation shall be
                                                             issued by the intervention agency. The costs relating
                                                             thereto shall be borne by the successful tenderer.
2.    The tender must include the cost of fumigation,
unloading and warehousing at the final destination           The successful tenderer shall provide that intervention
stated in Annex I.
                                                             agency with a certificate from the organization which
                                                             undertook fumigation, showing that that operation has
Tenders shall state separately the amount of cost in         been carried out.
respect of sea and land transport to the stipulated final
destination .                                                2. Samples intended for analysis shall be taken and
                                                             the inspection shall be carried out in accordance with
Tenders shall indicate the Member State in which the         the trade practices in force in the country of shipment.
tenderer, in the event of his being declared successful,     The successful tenderer and the recipient's representa­
undertakes to complete the customs export formalities.       tive shall be invited to take part in the operation.
                                                             Two sealed samples shall be kept by the intervention
3 . The tenderer shall carry out his obligations             agency until issue by the recipient of the taking-over
pursuant to this Regulation and the undertakings             certificate or until issue of the certificate referred to in
referred to in Article 4 (4) of Regulation (EEC) No          Article 5 (2).
1974/80 .
                                                             3. If the inspection referred to in paragraph 1 gives
4. The tenderer shall undertake to ship in vessels           rise to a dispute, the intervention agency shall arrange
listed in the larger classes in recognized classification    for a second inspection by a service different from that
registers, not more than 1 5 years old, and attested by a    mentioned in paragraph 1 , the findings of which shall
competent body as meeting hygiene requirements.              be final. The costs relating thereto shall be borne by
                                                             the losing party.
                        Article 3                            4. Where the inspection provided for in the prece­
                                                             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 5
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
tion to which the goods are subject, until they have         over and give a description of the goods taken over in
effectively been unloaded and delivered to the final         the form given in Annex II and any comments by the
destination .                                                recipient.
3.    The successful tenderer shall communicate as           2. Where the taking-over certificate is not issued for
soon as possible to the recipient's representative the       reasons other than a dispute about the goods, proof of
date of loading, the means of transport used to consign      delivery may be provided by means of a certificate of
the goods to the final destination, and the probable         the form given in Annex II endorsed by the Commu­
date of arrival. He shall immediately send this infor­       nity representative in the country of destination.
mation to the intervention agency responsible for
payment, which shall forward it without delay to the
Commission .                                                                          Article 6
The tenderer shall advise the recipient's representative,    1 . Payment to the successful tenderer shall be made
at least three days in advance, of the probable date of      by the intervention agency of the Member State which
arrival of the goods at the final destination.               held the intervention products.
 ---pagebreak--- No L 337/30                           Official Journal of the European Communities                             2. 12. 83
2. The amount to be paid shall be that of the tender                appropriate, the certificate referred to in Article
plus, where appropriate, the costs referred to in Article            5(2).
8 . It shall be paid in the currency of the Member State
which is responsible for payment. For this purpose              2.    The security referred to in Article 6(4) shall be
this amount shall be converted by using :                       released immediately when the successful tenderer
                                                                furnishes the proof in accordance with Article 5 that at
— where the currencies in question are maintained               least 80 % of the quantity provided for has been deli­
     within a maximum spread at any one -time of                vered in conformity with the conditions laid down in
      2,25 % , the conversion rate resulting from their         this Regulation.
     central rate,
— in other cases, the relationship between the two                                      Article 8
     currencies concerned established by using the
     latest statement of their sport exchange rates made        If the successful tenderer, has to bear exceptional costs
     immediately prior to the closing date for the              in respect of the delivery made under this Regulation
     submission of tenders as published in the 'C' series       which cannot be covered by insurance, he may receive
     of the Official Journal of the European Commu­             compensation therefor on production of supporting
      nities.                                                   documents and with the prior agreement of the
                                                                Commission .
3 . The amount referred to in paragraph 2 shall be
paid to the successful tenderer on presentation of the                                  Article 9
original of the taking-over certificate or a certified
copy thereof, or, if this is not available, of the certifi­     Except in case of force majeure the successful tenderer
cate referred to in Article 5 (2).                              shall bear all the financial consequences of the non­
                                                                delivery of the goods under the conditions laid down
4.      The intervention agency is hereby authorized to         in this Regulation if the recipient had made delivery
make without delay an initial payment of 80 % of the            possible under such conditions.
value of the quantity given in the bill of lading, on
presentation of a copy of that document, of the attesta­        The costs resulting from the non-delivery of the goods
tion referred to in Article 4(1 ) and of the fumigation         following a case of force majeure shall be borne by the
certificate, and subject to the provision of a security for     intervention agency responsible for payment.
an amount equal to the initial payment.
                                                                                       Article 10
The said security shall be provided as laid down in
Article 5 (2) of Regulation (EEC) No 1974/80.                   Articles 21 and 22 (1 ) and (2) of Regulation (EEC) No
                                                                1974/80 shall apply in the context of this Regulation.
                           Article 7                            The intervention agency responsible for payment shall,
                                                                on receipt, send the information referred to in Article
1 . The security referred to in Article 2 shall be              3 (3) to the Commission.
immediately released to :
— every tenderer whose tender was not successful or             The intervention agency in the country of shipment
     was not accepted,                                          shall send the Commission, without delay, the results
                                                                of the inspection referred to in Article 4.
— the successful tenderer in respect of quantities not
     delivered on account of force majeure,                                            Article 11
— the successful tenderer in respect of the quantities
     delivered in accordance with this Regulation and           This Regulation shall enter into force on the day
     on presentation of the original of the taking-over         following its publication in the Official Journal of the
     certificate or a certified true copy thereof or, where     European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 30 November 1983.
                                                                           For the Commission
                                                                             Poul DALSAGER
                                                                      Member of the Commission
 ---pagebreak--- 2. 12. 83                          Official Journal of the European Communities                             No L 337/31
                                                        ANNEX I
            1 . Programme : 1983
            2. Recipient : Kingdom of Lesotho
            3 . Place or country of destination : Lesotho
            4. Product to be mobilized : common wheat
            5. Total quantity : 6 000 tonnes
            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 : intervention
            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
                (humidity : 14 %)
          10 . Packaging : in bulk
          1 1 . Port of shipment : a Community port
          12. Delivery stage : delivered destination — Food Management Unit, Railway Siding 4457, Maseru
                via Durban
          13. Procedure to be applied in order to determine supply costs : tendering
          14 . Deadline for the submission of tenders : 12 noon on 13 December 1983
          16. Shipment period : 1 to 31 January 1984
          17. Security : 6 ECU per tonne
          Note :
          The successful tenderer shall send a copy of the shipping documents to the following address :
          Commission Delegation in Lesotho, c/o 'Diplomatic Bag', Berlaymont 1 / 123, rue de la Loi, 200,
          B-1049 Brussels .
 ---pagebreak--- No L 337/32                       Official Journal of the European Communities                               2. 12. 83
                                                     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 :
          This quality of the goods delivered is in accordance with that fixed in the invitation to tender.
 ---pagebreak--- 2. 12. 83                     Official Journal of the European Communities                       No L 337/33
 BILAG III — ANHANG III — ΠΑΡΑΡΤΗΜΑ III — ANNEX III — ANNEXE III — ALLEGA TO III — BIJLAGE III
   Partiets nummer     Mængde (t)                 Lagerindehaverens navn og adresse         Lagerplads
  Nummer der Partie     Menge (t)                Name und Adresse des Lagerhalters     Ort der Lagerhaltung
  Αριθμός παρτίδων       Τόνοι                 Όνομα και διεύθυνση εναποθηκευτού       Τόπος αποθηκεύσεως
    Number of lot       Tonnage                            Address of store            Town at which stored
   Numéro du lot        Tonnage                      Nom et adresse du stockeur          Lieu de stockage
 Numero della partita Tonnellaggio                 Nome e indirizzo del detentore    Luogo di accantonamento
 Nummer van de partij Hoeveelheid (t)            Naam en adres van de depothouder    Adres van de opslagplaats
            1            6 000              L.W. Cretschmar GmbH und Co . KG
                                            Franziusstraße 2
                                            Postfach 9 109                          Nr. 051 112
                                            4000 Düsseldorf 1                       Moenchen