CELEX: 31983R2778
Language: en
Date: 1983-10-04 00:00:00
Title: Commission Regulation (EEC) No 2778/83 of 4 October 1983 on on delivery of common wheat flour as food aid to the Central African Republic

No L 273/ 14                          Official Journal of the European Communities                              6. 10 . 83
                                  COMMISSION REGULATION (EEC) No 2778/83
                                                    of 4 October 1983
              on delivery of common wheat flour as food aid to the Central African Republic
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
Having regard to Council Regulation (EEC) No                    the procedure for submission of tenders, since the
2727/75 of 29 October 1975 on the common organi­                manner in which the security is lodged must guarantee
zation of the market in cereals ('), as last amended by         that the successful tenderer complies with his obliga­
Regulation (EEC) No 1451 /82 (2),                               tions ;
Having regard to Council Regulation (EEC) No                    Whereas, however, the specific provisions concerning
2750/75 of 29 October 1975 fixing criteria for the              delivery to destination must be set out ; whereas the
mobilization of cereals intended as food aid (3), as            successful tenderer must thus bear all risk in the goods
amended by Regulation (EEC) No 3331 /82 (4), and in             up to unloading at the stipulated destination ; whereas
particular Article 6 thereof,                                   payment can be made only when proof of delivery to
                                                                the destination is provided ;
Having regard to Council Regulation (EEC) No
1992/83 of 11 July 1983 laying down the implemen­               Whereas it must be made clear who is to bear any
ting rules for 1983 for Regulation (EEC) No 3331 /82            costs which arise in the event for reasons of force
concerning food-aid policy and food-aid manage­                 majeure the operations in question is not completed
ment (*),                                                       within the period stipulated ;
Having regard to Council Regulation No 129 of 23                Whereas the French intervention agency should be
October 1962 on the value of the unit of account and            made responsible for the tendering procedure in ques­
the exchange rates to be applied for the purposes of            tion ;
the common agricultural policy (*), as last amended by
Regulation (EEC) No 2543/73 f), 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,
Whereas on 29 July 1983 the Commission of the                   HAS ADOPTED THIS REGULATION :
European Communities decided to grant by way of
Community action 1 000 tonnes of cereals to the
Central African Republic under the 1983 food-aid
                                                                                        Article 1
programme ;
Whereas pursuant to Article 3 (3) of Council Regula­             1.    The intervention agency mentioned in Annex I
tion (EEC) No 2750/75 the goods may be purchased                 hereto is hereby required to implement the mobiliza­
anywhere on the Community market ;                               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 Bangui
via Douala 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 .
I1) OJ No L 164, 14. 6. 1982, p. 1 .                             tion to tender. The intervention agency responsible
(3) OJ No  L 281 , 1 . 11 . 1975, p. 89.                         shall make further publications as necessary.
(4) OJ No  L 352, 14. 12. 1982, p. 1 .
n   OJ No  L 196, 20 . 7. 1983, p. 1 .
0s) 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--- 6 . 10 . 83                        Official Journal of the European Communities                             No L 273/ 15
                        Article 2                                                       Article 4
1 . Without prejudice to the specific provisions of           1.     The successful tenderer shall contract as neces­
this Regulation the provisions of Articles 4, 5, 6 and 7     sary, at his own expense, for carriage of the goods to
of Regulation (EEC) No 1974/80 shall apply to the            the final destination and shall bear all the costs
tendering procedure.                                         involved, including those of unloading and ware­
                                                             housing at the destination. He shall take out suitable
2. The tender must include the cost of fumigation,           insurance .
unloading and warehousing at the final destination
stated in Annex I.
                                                             2.      The successful tenderer shall bear all the risks
                                                             relating to the goods, in particular of loss or deteriora­
Tenders shall state separately the amount of cost in         tion to which the goods are subject, until they have
respect of sea and land transport to the stipulated final    effectively been unloaded and delivered to the final
destination .                                                destination .
Tenders shall indicate the Member State in which the
                                                             3.      The successful tenderer shall communicate as
tenderer, in the event of his being declared successful,     soon as possible to the recipient's representative the
undertakes to complete the customs export formalities.
                                                              date of loading, the means of transport used to consign
3. The tenderer shall carry out his obligations               the goods to the final destination, and the probable
                                                              date of arrival. He shall immediately send this infor­
pursuant to this Regulation and the undertakings
referred to in Article 4 (4) of Regulation (EEC) No
                                                              mation to the intervention agency responsible for
1974/80 .                                                     payment, which shall forward it without delay to the
                                                              Commission .
4.     The tenderer shall undertake to ship in vessels
listed in the larger classes in recognized classification    The tenderer shall advise the recipient's representative,
registers, not more than 15 years old, and attested by a      at least three days in advance, of the probable date of
competent body as meeting hygiene requirements.               arrival of the goods at the final destination.
                        Article 3                                                       Article 5
 1.     For the purpose of comparing tenders each             1 . The intervention agency of the country of ship­
tender shall be corrected by the monetary compensa­           ment shall arrange for a check at the port before
tory amount, if any, applicable on the closing date for       loading on the quantity, quality and packaging of the
the submission of tenders to exports from the Member          goods. Following inspection an attestation shall be
State specified in the tender in accordance with the          issued by the intervention agency. The costs relating
 third subparagraph of Article 2 (2).                         thereto shall be borne by the successful tenderer.
The correction shall be made by :                             The successful tenderer shall provide that intervention
— increasing the tenders specifying a Member State            agency with a certificate from the organization which
     with negative monetary compensatory amounts,             undertook fumigation, showing that that operation has
                                                              been carried out.
 — reducing the tenders specifying a Member State
     with positive monetary compensatory amounts.
                                                               2. Samples intended for analysis shall be taken and
 2.     The monetary compensatory amount shall, where          the inspection shall be carried out in accordance with
                                                               the trade practices in force in the country of shipment.
 appropriate, be converted into the currency of the           The successful tenderer and the recipient's representa­
 Member State in which the tendering procedure is
                                                               tive shall be invited to take part in the operation.
 opened by using :
 — where the currencies in question are maintained             Two sealed samples shall be kept by the intervention
     within a maximum spread at any one time of                agency until issue by the recipient of the taking-over
     2,25 % , the conversion rate resulting from their         certificate or until issue of the certificate referred to in
     central rate,                                             Article 6 (2).
 — in other cases, the relationship between the two
     currencies concerned established by using the             3.     If the inspection referred to in paragraph 1 gives
     latest statement of their spot exchange rates made        rise to a dispute, the intervention agency shall arrange
     immediately prior to the closing date for the             for a second inspection by a service different from that
     submission of tenders as published in the 'C series       mentioned in paragraph 1 , the findings of which shall
     of the Official Journal of the European Commu­            be final. The costs relating thereto shall be borne by
      nities.                                                  the losing party.
 ---pagebreak--- No L 273/ 16                         Official Journal of the European Communities                               6 . 10 . 83
4. Where the inspection provided for in the prece­             — every tenderer whose tender was not successful or
ding paragraphs reveals that the goods do not satisfy              was not accepted,
the requirements stipulated, they must be refused and          — the successful tenderer in respect of quantities not
replaced. Where some quantities are missing the                    delivered on account of force majeure,
successful tenderer must make up the cargo.
                                                               — the successful tenderer in respect of the quantities
                                                                   delivered in accordance with this Regulation and
                                                                   on presentation of the original of the taking-over
                          Article 6                                certificate or a certified true copy thereof or, where
                                                                   appropriate, the certificate referred to in Article 6
1 . A taking-over certificate shall be issued by the               (4
recipient immediately following unloading at the final
destination. It shall state the place and date of taking       2. The security referred to in Article 7 (4) shall be
over and give a description of the goods taken over in         released immediately when the successful tenderer
the form given in Annex II and any comments by the             furnishes the proof in accordance with Article 6 that at
recipient.                                                     least 80 % of the quantity provided for has been deli­
                                                               vered in conformity with the conditions laid down in
                                                               this Regulation .
2. Where the taking-over certificate is not issued for
reasons other than a dispute about the goods, proof of
delivery may be provided by means of a certificate of                                    Article 9
the form given in Annex II endorsed by the Commu­
nity representative in the country of destination .
                                                               If the successful tenderer, has to bear exceptional costs
                                                               in respect of the delivery made under this Regulation
                                                               which cannot be covered by insurance, he may receive
                          Article 7                            compensation therefor on production of supporting
                                                               documents and with the prior agreement of the
                                                               Commission .
1 . Payment to the successful tenderer shall be made
by the intervention agency of the Member State in
which the customs export formalities are completed.
                                                                                        Article 10
2.     The amount to be paid shall be that of the tender       Except in case of force majeure the successful tenderer
plus, where appropriate, the costs referred to in Article      shall bear all the financial consequences of the non­
9 . It shall be paid in the currency of the Member State       delivery of the goods under the conditions laid down
which is responsible for payment. For this purpose             in this Regulation if the recipient had made delivery
this amount shall be converted by using the method             possible under such conditions.
indicated in Article 3 (2).
                                                               The costs resulting from the non-delivery of the goods
3.     The amount referred to in paragraph 2 shall be          following a case of force majeure shall be borne by the
paid to the successful tenderer on presentation of the         intervention agency responsible for payment.
original of the taking-over certificate or a certified
copy thereof, or, if this is not available, of the certifi­
cate referred to in Article 6 (2).                                                      Article 11
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 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 :                                       European Communities.
 ---pagebreak--- 6 . 10 . 83                    Official Journal of the European Communities                      No L 273 / 17
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 4 October 1983.
                                                                   For the Commission
                                                                     Poul DALSAGER
                                                               Member of the Commission
 ---pagebreak--- No L 273/ 18                        Official Journal of the European Communities                                   6. 10 . 83
                                                          ANNEX I
             1 . Programme : 1983
             2. Recipient : Central African Republic
             3. Place or country of destination : Bangui
             4. Product to be mobilized : common wheat flour
             5 . Total quantity : 730 tonnes (1 000 tonnes of cereals)
             6 . Number of lots : one
             7. Intervention agency responsible for conducting the procedure :
                 Office national interprofessionnel des céréales (ONIC), 21 , avenue Bosquet, F-75007 Paris (telex
                 270 807 OFIBLE F).
             8 . Method of mobilizing the product : intervention
             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 (') :
                     — composite sacks jute/polypropylene of a minimum weight of 375 g
                 — net weight of the bags : 68 kg
                 — marking on the bags (in letters at least 5 cm high) :
                     'FARINE DE FROMENT / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EURO­
                     PÉENNE À LA RÉPUBLIQUE CENTRAFRICAINE'
           11 . Port of shipment : a Community port
            12. Delivery stage : delivered destination — Bangui — stores of the SICPAD in the port of Bangui
                 — via Douala
            13. Procedure to be applied in order to determine supply costs : tendering
            14. Deadline for the submission of tenders : 12 noon on 18 October 1983
           15. Shipment period : 1 to 30 November 1983
           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--- 6. 10 . 83                        Official Journal of the European Communities                             No L 273/ 19
                                                      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--- No L 273/20                  Official Journal of the European Communities                                6 . 10 . 83
 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            1 000              UNCAC                                   Silo UNCAC
                                            83, avenue de la Grande Armée           Avenue Becquerel
                                            75782 Paris Cedex 16                    51000 Châlons-sur-Marne