CELEX: 31995R2590
Language: en
Date: 1995-11-06 00:00:00
Title: COMMISSION REGULATION (EC) No 2590/95 of 6 November 1995 on the supply of common wheat as food aid

No L 264/ 16      lENl                Official Journal of the European Communities                               7. 11 . 95
                                    COMMISSION REGULATION (EC) No 2590/95
                                                     of 6 November 1995
                                      on the supply of common wheat as food aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      limits and conditions of supply and the procedure to be
                                                                 followed to determine the resultant costs,
Having regard to the Treaty establishing the European
Community,                                                       HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC) No 3972/86                                      Article 1
of 22 December 1986 on food-aid policy and food-aid
management ('), as last amended by Regulation (EEC) No           A tendering procedure is hereby initiated for the award of
 1930/90 (2), and in particular Article 6 ( 1 ) (c) thereof,     a contract for the supply of common wheat to Bangladesh
                                                                 in accordance with the provisions of Regulation (EEC) No
                                                                 2200 / 87 and with the conditions laid down in Annex I
Whereas Council Regulation (EEC) No 1420/87 of 21                hereto .
May 1987 laying down implementing rules for Regulation           The offer submitted shall be deemed to have been drawn
(EEC) No 3972/86 on food-aid policy and food-aid man­
agement (3) lays down the list of countries and organiz­         up taking account of the charges and constraints resulting
ations eligible for food-aid operations and specifies the        from specific clauses set out in the exchange of letters
general criteria on the transport of food aid beyond the         between the Commission and the recipient, published in
fob stage ;                                                      part in Annex II. In particular, the laydays should be
                                                                 assessed on the basis of an average daily discharge rate of
                                                                 2 400 tonnes in such a way that dispatch to be paid to the
Whereas, by its Decision of 22 October 1992 on the               recipient by the EC will be for the account of the
supply of food aid to Bangladesh, the Commission allo­           successful tenderer.
cated to this country 155 000 tonnes of cereals to be
                                                                 The successful tenderer is deemed to have noted and
supplied free at port of landing — undischarged ;
                                                                 accepted all the general and specific conditions appli­
                                                                 cable . Any other condition or reservation included in his
Whereas it is necessary to provide for the carrying-out of       tender is deemed unwritten .
this measure in accordance with the rules laid down by
Commission Regulation (EEC) No 2200/87 of 8 July                                          Article 2
1987 laying down general rules for the mobilization in
the Community of products to be supplied as Community            This Regulation shall enter into force on the day
food aid (4), as amended by Regulation (EEC) No                  following its publication in the Official Journal of the
790/91 (*) ; whereas it is necessary to specify the time         European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 6 November 1995 .
                                                                           For the Commission
                                                                             Franz FISCHLER
                                                                      Member of the Commission
(') OJ No L 370, 30. 12. 1986, p. 1 .
(2) OJ No L 174, 7. 7. 1990, p. 6.
 3 OJ No L 136, 26. 5. 1987, p. 1 .
(j OJ No L 204, 25. 7. 1987, p. 1 .
(0 OJ No L 81 , 28. 3. 1991 , p. 108.
 ---pagebreak--- 7 . 11 . 95            EN                 Official Journal of the European Communities                                         No L 264/ 17
                                                                 ANNEX I
                                                         LOTS A, B, C, D and E
              1 . Operation Nos (') : 317/95 (A), 1707/94 (B), 1708/94 (C), 1709/94 (D) and 1710/94 (E)
              2. Programme : 1995 and 1994
              3. Recipient (2) : Bangladesh
              4. Representative of the recipient : The Secretary, Ministry of Food, Bangladesh Secretariat, Dhaka,
                   Bangladesh
              5. Place or country of destination (*) : Bangladesh
              6 . Product to be mobilized : common wheat
              7. Characteristics and quality of the goods (3) : see OJ No C 114, 29. 4. 1991 , p. 1 (under I LA ( 1 ) (a))
              8 . Total quantity : 155 000 tonnes
              9. Number of lots : five (A : 35 000 tonnes ; B : 30 000 tonnes ; C : 30 000 tonnes ; D : 30 000 tonnes ; E :
                   30 000 tonnes)
            1 0. Packaging and marking : in bulk
            1 1 . Method of mobilization : the Community market
            12. Stage of supply : free at port of landing — undischarged
            13 . Port of shipment (6) : —
            14. Port of landing specified by the recipient : —
            1 5. Port of landing : Chittagong
            16. Address of the warehouse and, if appropriate, port of landing : —
            1 7. Period for making the goods available at the port of shipment where the supply is awarded at
                  the port of shipment stage : 4 — 17. 12. 1995 (A); 25. 12. i995 — 7. 1 . 1996 (B) ; 15 — 28 . 1 . 1996
                  (C); 5 — 18 . 2. 1996 (D) ; 26. 2 — 10 . 3 . 1996 (E)
            18 . Deadline for the supply Q : 1 — 14. 1 . 1996 (A) ; 22. 1 — 4. 2. 1996 (B) ; 12 — 25. 2. 1996 (C) ; 4 —
                   17. 3. 1996 (D); 25. 3 — 7 . 4. 1996 (E)
            1 9. Procedure for determining the costs of supply : tendering
            20. Date of expiry of the period allowed for submission of tenders : 12 noon on 21 . 1 1 . 1995 (Brussels
                  time)
            21 . In the case of a second invitation to tender :
                  (a) deadline for the submission of tenders : 12 noon on 5. 12. 1995 (Brussels time)
                  (b) period for making the goods available at the port of shipment where the supply is awarded at the
                       port of shipment stage : 18 — 31 . 12. 1995 (A) ; 8 — 21 . 1 . 1996 (B) ; 29. 1 — 11.2. 1996 (C) ; 19. 2
                       — 3 . 3 . 1996 (D); 11 — 24. 3 . 1996 E)
                  (c) deadline for the supply 0 : 15 — 28 . 1 . 1996 (A) ; 5 — 18 . 2. 1996 (B) ; 26. 2 — 10 . 3. 1996 (C) ; 18
                       — 31 . 3. 1996 (D); 8 — 21 . 4. 1996 (E)
            22. Amount of the tendering security : ECU 5 per tonne
            23. Amount of the delivery security : 10 % of the amount of the tender in ecus
            24. Address for submission of tenders and tendering securities (') : Bureau de 1 aide alimentaire, a
                  l'attention de Monsieur T. Vestergaard, bâtiment Loi 130, bureau 7/46, 200 rue de la Loi/Wetstraat,
                  B- 1 049 Bruxelles/Brussel (telex AGREC 22037 B ; telefax (32 2) 296 20 05 / 295 01 32 / 296 10 97)
            25. Refund payable on request by the successful tenderer (4) : refund applicable on 17. 11 . 1995, fixed
                  by Commission Regulation (EC) No 2513/95 (OJ No L 258, 28 . 10 . 1995, p. 17)
 ---pagebreak--- No L 264/ 18        EN                  Official Journal of the European Communities                                          7. 11 . 95
           Notes :
           (') The operation number should be mentioned in all correspondence.
           (2) The successful tenderer shall contact the recipient as soon as possible to establish which consignment
               documents are required.
           (3) The successful tenderer shall deliver to the beneficiary a certificate from an official entity certifying that
               for the product to be delivered the standards applicable, relative to nuclear radiation , in the Member State
               concerned , have not been exceeded. The radioactivity certificate must indicate the caesium-134 and - 137
               and iodine- 131 levels .
           (4) Commission Regulation (EEC) No 2330/87 (OJ No L 210, 1 . 8. 1987, p. 56), as last amended by Regula­
               tion (EEC) No 2226/89 (OJ No L 214, 25. 7. 1989, p. 10), is applicable as regards the export refund. The
               date referred to in Article 2 of the said Regulation is that referred to in point 25 of this Annex.
               The amount of the refund shall be converted into national currency by applying the agricultural conver­
               sion rate applicable on the day of completion of the customs export formalities. The provisions of Articles
               13 to 17 of Commission Regulation (EEC) No 1068/93 (OJ No L 108 , 1 . 5. 1993, p. 106), as last amended
               by Regulation (EC) No 1053/95 (OJ No L 107, 12. 5. 1995, p. 4), shall not apply to this amount.
           (5) Commission delegation to be contacted by the successful tenderer : OJ No C 1 14, 29. 4. 1991 , p. 33 .
           (6) Notwithstanding Article 7 (3) (d) of Regulation (EEC) No 2200/87, the tender may indicate two ports of
               shipment not necessarily belonging to the same port area.
           F) See Annex II point 4, second paragraph .
 ---pagebreak--- 7. 11 . 95         I EN                   Official Journal of the European Communities                                     No L 264/ 19
                                                               ANNEX II
           The recipient shall unload the 1 55 000 tonnes of wheat as per the following conditions.
           1 . Type of vessels to be fixed
               It is envisaged that five vessels (self-trimming bulk carriers) will be fixed. The vessels must have at least
               four hatches. Vessels to be geared and each crane/derrick to serve one or two hatches. The vessels must be
               capable of entering the Chittagong outer anchorage and, after necessary lighterage, be able to shift and
               berth at Chittagong jetties. To this end vessels should have a maximum length of 610 feet.
               Charterers/shipowners must ensure that all certificated officers carry with them on board the original
               valid certificate of competency and that all vessels are manned strictly according to the STCW Conven­
               tion 1978, failing which any delay to the vessel will be on owner's account.
           2. Discharging facilities
               Vessels will furnish at the discharge port, free of expenses to the recipient, winches and/or cranes and the
               power to drive them, gins and falls in good working condition and will also supply sufficient lights for
               night work, as on board, on deck and in the holds, if required. Vessels will provide winchmen at load and
               discharge ports at their own expense.
           3 . Vessels ETA information
               Master to wireless/cable nominees of the recipient, namely Movements Chittagong — telex 642237 CMS
               C BJ — (simultaneously informing Bengalship Chittagong — ftelex 66277 BSC BJ — and Movestore
               Dhaka — telex 642230 CMS BJ) for orders regarding discharge 10 days prior to their arrival at the
               discharge port, i.e. Chittagong, and state ETA and draft. Orders for discharging will be transmitted to the
               vessel within five days of the receipt of master's request.
               Master to give following notice to the recipient's nominees, i.e. Movements Chittagong, Bengalship Chit­
               tagong and Movestore Dhaka :
               (a) upon sailing from load port vessels must state :
                      (i) quantity loaded ;
                     (ii) arrival draft ;
                    (iii) TPI (tonnes per inch).
               (b) 10 days ETA Chittagong port,
                    five days ETA Chittagong port,
                    72 hours, 48 hours and 24 hours ETA Chittagong port.
           4. Discharging rate and discharging port time counting
               The cargo is to be discharged by the recipient free of risk and expense to the vessel at the rate of 2 400
               tonnes at Chittagong per weather working day of 24 consecutive hours. Time from 12 noon on Thursday
               or 5 p.m. on a day preceding a holiday until 9 a.m. on Saturday or next working day not to count as
               laytime even if used. The rate of discharge is based on four or more workable hatches. If, however, the
               number of workable hatches is less than the specified minimum, the discharging rate will be reduced
               proportionately.
               Notice of readiness is to be tendered and accepted after vessel arrives at the Chittagong outer anchorage
               and laytime to commence 24 hours after NOR tendered during office hours, whether the vessel is in
               berth or not. However, in case a time period for the supply has been fixed by the Commission, laytime
               shall not commence before the first day of the said period. At discharge port, cost of shifting from ancho­
               rage to anchorage, anchorage to berth and berth to berth on owner's/charterer's account and time used for
               such shifting not to count as laytime.
 ---pagebreak--- No L 264/20      EN                    Official Journal of the European Communities                                       7. 11 . 95
              Although stevedores appointed by recipients, all discharging operations to be carried out under masters
              direction/approval. All necessary trimming will be at owner's time and expense.
              At Chittagong anchorage, if a lighter vessel is required to cast off from the mother ship, due to heavy
              swell and/or bad wheather, all time lost will not count as laytime. The time will stop counting from the
              time the lighter vessel casts off and will start counting again from the time the lighter ship is re-tied
              alongside the mother ship.
          5 . Lighterage at discharge port
              All necessary lighterage at Chittagong outer anchorage will be carried out by the recipients at their own
              cost and time. For vessels unable to enter the Chittagong outer anchorage, due to excessive draft, light­
              erage may be carried out at Kutubdia anchorage by the charterers/owners at their expense and such light­
              erage to be treated as transhipment and lighters engaged to be discharged on identical terms as the
              mother vessel, and time used for lighterage at Kutubdia not to count as laytime. Collision damage, if any,
              during lighterage to be settled directly between the owners of the mother and the lighter vessels (notwith­
              standing whether engaged by owners/charterers for Kutubdia lighterage, or by the recipients for outer
              anchorage lighterage). In case of unsafe anchorage at Chittagong outer anchorage, any lighterage at
              Kutubdia is for recipients account.
              Master of the vessel(s) at all times to extend full cooperation to the recipients and/or their nominees/
              agents/stevedores/lighterage contractors in order to expedite discharge. Lighter vessels to supply suitable
              fenders to avoid damage .
          6. Demurrage/Despatch
              Should the vessel(s) not be discharged at the rate herein stipulated, demurrage shall be paid by the reci­
              pient at the rate stipulated in the charter party, subject to a maximum of US$ 8 000 per day or part
              thereof.
              For working time saved at the port of discharge, despatch money shall be paid to the recipient at the rate
              of 50 % of the rate of demurrage stipulated in the charter party, subject to a maximum of US$ 4 000 per
              day saved .
              Demurrage of despatch at the discharge port, if any, at the amounts specified above, shall be paid, as the
              case may be, by the recipient to the Commission or by the Commission to the recipient. Afterwards
              settlement of despatch/demurrage, if any, between the successful tenderer and the Commission will take
              place.
              Laytime at port of discharge to be non-reversible.
          7 . Miscellaneous
              Overtime expenses, if any, on account of port and customs personnel will be for the account of the party
              (owner/their agents or receiver/their agents) ordering the same, but if ordered by the Port Authorities, to
              be on the receiver's/owner's account on 50 : 50 basis. Overtime expenses for vessel's crew always to be on
              the owner's account.
              At the port of discharge opening/closing of hatches on all occasions to be for owner's account and time
              not to count as laytime. First opening and last closing of hatches at port of discharge to be done by
              vessel's crew .
              Whatever the respective destination of the goods found damaged, they must be disposed of/destroyed as
              per port rules prior to sailing out of the vessels.
              Dock worker management board's levy or any similar levy is for owner's account.
              In the case where some extra costs requested by the owner/charterer are to be pre-financed by the reci­
              pient, they may be directly paid by the Commission on the recipient's behalf to the successful tenderer.