CELEX: 31994R0068
Language: en
Date: 1994-01-15 00:00:00
Title: Commission Regulation (EC) No 68/94 of 14 January 1994 on the supply of common wheat to the People's Republic of Bangladesh as food aid

15. 1 . 94                           Official Journal of the European Communities                               No L 12/ 13
                                      COMMISSION REGULATION (EC) No 68/94
                                                       of 14 January 1994
                  on the supply of common wheat to the People's Republic of Bangladesh as food
                                                               aid
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       submission of tenders ; whereas, in order to avoid republi­
                                                                    cation of the notice of invitation to tender, a third dead­
 Having regard to the Treaty establishing the European             line for submission of tenders should be opened,
 Community,
 Having regard to Council Regulation (EEC) No 3972/86               HAS ADOPTED THIS REGULATION :
 of 22 December 1986 on food-aid policy and food-aid
 management ('), as last amended by Regulation (EEC) No
  1930/90 (2), and in particular Article 6 ( 1 ) (c) thereof,                                Article 1
                                                                   A tendering procedure is hereby initiated for the award of
 Whereas Council Regulation (EEC) No 1420/87 of 21                 a contract for the supply of common wheat to Bangladesh
 May 1987 laying down implementing rules for Regulation            in accordance with the provisions of Regulation (EEC) No
 (EEC) No 3972/86 on food-aid policy and food-aid man­             2200/87 and with the conditions laid down in Annex I
 agement (3) lays down the list of countries and organiz­          hereto .
 ations eligible for food-aid operations and specifies the
 general criteria on the transport of food aid beyond the          The offer submitted shall be deemed to have been drawn
 fob stage ;                                                       up taking account of the charges and constraints resulting
                                                                   from specific clauses set out in the exchange of letters
 Whereas, by its Decision of 22 October 1992 on the                between the Commission and the recipient, published in
 supply of food aid to Bangladesh, the Commission allo­            part in Annex II. In particular, the laydays should be
 cated to this country 70 000 tonnes of cereals to be              assessed on the basis of an average daily discharge rate of
 supplied free at port of landing — undischarged ;                 2 400 tonnes in such a way that dispatch to be paid to the
                                                                   recipient by the EC will be for the account of the
                                                                   successful tenderer.
Whereas it is necessary to provide for the carrying-out of
 this measure in accordance with the rules laid down by
                                                                   The successful tenderer is deemed to have noted and
 Commission Regulation (EEC) No 2200/87 of 8 July
 1987 laying down general rules for the mobilization in            accepted all the general and specific conditions appli­
 the Community of products to be supplied as Community             cable. Any other condition or reservation included in his
                                                                   tender is deemed unwritten .
 food aid (4), as amended by Regulation (EEC) No
790/91 0 ; whereas it is necessary to specify the time
limits and conditions of supply and the procedure to be                                     Article 2
followed to determine the resultant costs ;
                                                                   This Regulation shall enter into force on the day
Whereas, notably for logistical reasons, certain supplies          following its publication in the Official Journal of the
are not awarded within the first and second deadlines for          European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 14 January 1994.
                                                                            For the Commission
                                                                               Rene STEICHEN
                                                                         Member of the Commission
(') OJ No L 370, 30. 12. 1986, p. 1 .
I2) OJ No L 174, 7. 7. 1990, p. 6.
0 OJ No L 136, 26. 5. 1987, p. 1 .
(4) OJ No L 204, 25. 7. 1987, p. 1 .
O OJ No L 81 , 28. 3. 1991 , p. 108 .
 ---pagebreak--- No L 12/ 14                              Official Journal of the European Communities                                     15. 1 . 94
                                                               ANNEX I
                                                             LOTS A and B
              1 . Operation Nos (') : 1686/92 (lot A), 1687/92 (lot B)
              2. Programme : 1992
              3. Recipient (2) : Bangladesh
              4. Representative of the recipient : The Secretary, Ministry of Food, Bangladesh Secretariat, Dhaka,
                   Bangladesh
              5. Place or country of destination 0 : Bangladesh
              6. Product to be mobilized : common wheat
              7. Characteristics and quality of the goods (3) : see OJ No C 1 14, 29. 4. 1991 , p. 1 (under IIA.l (a))
              8. Total quantity : 70 000 tonnes
              9. Number of lots : two (lot A : 35 000 tonnes ; lot B : 35 000 tonnes)
            10. 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 : —
            14. Port of landing specified by the recipient : —
            15. Port of landing : Chittagong
            16. Address of the warehouse and, if appropriate, port of landing : —
            17. Period for making the goods available at the port of shipment where the supply is awarded at
                  the port of shipment stage : 14 — 27. 2. 1994
            18. Deadline for the supply : 27. 3. 1994
            19. Procedure for determining the costs of supply : tendering
           20. Date of expiry of the period allowed for submission of tenders : 12 noon on 1.2. 1994, (Brussels
                  time)
           21 . A. In the case of a second invitation to tender :
                     (a) deadline for the submission of tenders : 12 noon on 15. 2. 1994, (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 : 28. 2 — 13. 3. 1994
                     (c) deadline for the supply : 10.4. 1 994
                  B. In the case of a third invitation to tender :
                     (a) deadline for the submission of tenders : 12 noon on 1 . 3 . 1994, (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 : 14 — 27. 3. 1994
                     (c) deadline for the supply : 24. 4. 1994
           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 l'aide alimentaire, a 1 attention de Monsieur Vestergaard, bâtiment Loi 120, bureau 7/46,
                  200 rue de la Loi, B- 1 049 Bruxelles, telex AGREC 22037 B ; telefax : (32 2) 296 20 05 / 295 01 32 /
                  296 10 97 / 295 01 30 / 296 33 04
           25. Refund payable on request by the successful tenderer (4) : refund applicable on 31 . 1 . 1994, fixed by
                  Regulation (EC) No 3486/93 (OJ No L 317, 18. 12. 1993, p. 49)
 ---pagebreak--- 15. 1 . 94                              Official Journal of the European Communities                                          No L 12/ 15
            Notes :
           (') The operation 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) shall not apply
               to this amount.
           H Commission delegation to be contacted by the successful tenderer : see OJ No C 114, 29. 4. 1991 , p. 33.
 ---pagebreak--- No L 12/ 16                                 Official Journal of the European Communities                                      15 . 1 . 94
                                                                  ANNEX II
                                          ALLOCATION OF FOOD AID TO BANGLADESH
            1 . Discharging conditions
                 The recipient shall unload the 70 000 tonnes of wheat as per the following conditions.
            2. Type of vessels to be fixed
                 It is envisaged that two vessels (self-trimming bulk carriers) will be fixed, each carrying 35 000 tonnes of
                 wheat. 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 recipient's option, at Chittagong jetties.
                 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.
            3. 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.
            4. Vessels' ETA information
                Master to wireless/cable nominees of the recipient, namely Movements Chittagong — telex 642237 CMS
                 C BJ — (simultaneously informing Bengalship Chittagong — telex 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, Benglaship 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,
                       5 days ETA Chittagong port,
                     72 hours, 48 hours and 24 hours ETA Chittagong port.
           5. Places of discharging
                It is envisaged that, at recipient's option, up to a maximum of 40 % of the Bill of Lading quantity may be
                discharged by lighter vessel at Chittagong outer anchorage. All lighterage at Chittagong outer anchorage
                will be carried out by the recipient at their own cost and time (including freight or lighter vessels from
                Chittagong outer anchorage to Mongla).
           6. 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 1 2 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 the abovementioned minimum number or more
                workable hatches. If, however, the number of workable hatches is less than the specified minimum
                number of hatches, 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. At discharge port, cost of shifting from anchorage 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.
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                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.
           7. 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 charterer's/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 both owners/charterer's for Kutubdia lighterage, or by the recipients for
                outer anchorage lighterage). In case of unsafe anchorage at Chittagong anchorage, any lighterage at
                Kutubdia is not for charterer's/owner's 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.
           8 . 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 supplier and the Commission will take place.
               Laytime to be non-reversible.
           9 . 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 account on 50 : 50 basis. Overtime expenses for vessel's crew and officers 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 at all times.
               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 is not for charterer's account.
               In case of lack of coordination or of facilities between the supplier and the recipient through no fault of
               either part, the Commission will take special and adequate measures for financing the operations.
               In the case where some extra costs requested by the supplier are to be pre-financed by the recipient, they
               may be directly paid by the Commission on the recipient's behalf to the said supplier.