CELEX: 31988R3358
Language: en
Date: 1988-10-28 00:00:00
Title: Commission Regulation (EEC) No 3358/88 of 28 October 1988 on the supply of common wheat to the people's Republic of Bangladesh as food aid

29 . 10 . 88                            Official Journal of the European Communities                            No L 296/23
                                  COMMISSION REGULATION (EEC) No 3358/88
                                                      of 28 October 1988
                  on the supply of common wheat to the People's Republic of Bangladesh as food
                                                               aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        food aid (4) ; whereas it is necessary to specify the time
                                                                   limits and conditions of supply and the procedure to be
Having regard to the Treaty establishing the European              followed to determine the resultant costs,
Economic Community,
Having regard to Council Regulation (EEC) No 3972/86
of 22 December 1986 on food-aid policy and food-aid                HAS ADOPTED THIS REGULATION :
management ('), as last amended by Regulation (EEC) No
 1870/88 (2), and in particular Article 6 (1 ) (c) thereof,                                  Article 1
Whereas Council Regulation (EEC) No 1420/j87 of 21                 A tendering procedure is hereby initiated for the award of
May 1987 laying down implementing rules for Regulation             a contract for the supply of common wheat to Bangladesh
(EEC) No 3972/86 on food-aid policy and food-aid man­              in accordance with the provisions of Regulation (EEC) No
 agement (3) lays down , the list of countries and organiz­         2200/87 and with the conditions laid down in Annex I
 ations eligible for food-aid operations and specifies the          hereto.
 general criteria on the transport of food aid beyond the
 fob stage ;                                                       The offer submitted shall be deemed to have been drawn
                                                                    up taking account of the charges and constraints resulting
 Whereas, by its Decision of 15 September 1988 on the               from specific clauses set out in the Exchange of Letters
 supply of food aid to Bangladesh, the Commission allo­             between the Commission and the recipient, published in
 cated to this country 100 000 tonnes of cereals to be              part in Annex II.
 supplied free at port of landing — undischarged ;
 Whereas it is necessary to provide for the carrying-out of                                  Article ,2
 this measure in accordance with the rules laid down by
 Commission Regulation (EEC) No 2200/87 of 8 July                   This Regulation shall enter into force on the day
 1987 laying down general rules for the mobilization in             following its publication in the Official Journal of the
 the Community of products to be supplied as Community              European Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 28 October 1988 .
                                                                             For the Commission
                                                                              Frans ANDRIESSEN
                                                                                  Vice-President
  (') OJ No L 370, 30. 12. 1986, p. 1 .
  0 OJ No L 168, 1 . 7. 1988, p. 7.
  0 OJ No L 136, 26. 5. 1987, p. 1 ;                                 (4) OJ No L 204, 25. 7. 1987, p. 1 .
 ---pagebreak--- No L 296/24                             Official Journal of the European Communities                                     29 . 10 . 88
                                                               ANNEX I
             1 . Operation No (') : 1 100/88
            2. Programme : 1988
            3. Recipient : Bangladesh
            4. Representative of the recipient (2) : The Secretary, Ministry of Food, Bangladesh Secretariat, Dhaka/
                 Bangladesh
             5. Place or country of destination : Bangladesh
             6. Product to be mobilized : common wheat
             7. Characteritics and quality of the goods (3) :
                 See list published in Official Journal of the European Communities No C 216 of 14 August 1987, page
                 3 (under II.A.1); specific characteristic : protein content 11 % minimum
             8 . Total quantity : 100 000 tonnes
             9. Number of lots : three (Lot A : 34 000 tonnes ; Lot B : 33 000 tonnes ; Lot C : 33 000 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 and/or Chalna
            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 : Lots A, B and C : 1 to 10 December 1988
            18. Deadline for the supply : Lot A : 1 January 1989 ; Lot B : 4 January 1989 ; Lot C : 7 January 1989
            19. Procedure for determining the costs of supply : tendering
            20. Date of expiry of the period allowed for submission of tenders : 12 noon on 15 November 1988
            21 . In the case of a second invitation to tender :
                  (a) deadline for the submission of tenders : 12 noon on 22 November 1988
                  (b) period for making the goods available at the port of shipment where the supply is awarded at the
                      port of shipment stage : Lots A, B, C : 1 to 10 December 1988
                  (c) deadline for the supply : Lot A : 1 January 1989 ; Lot B : 4 January 1989 ; Lot C : 7 January 1989
            22. Amount of the tendering security : 5 ECU/tonne
            23. Amount of the delivery security : 10 % of the amount of the tender in ECU
            24. Address for submission of tenders (4) :
                   Bureau de l'aide alimentaire, a l'attention de Monsieur N. Arend, bâtiment Loi 120, bureau 7/58,
                   200, rue de la Loi, B- 1 049 'Bruxelles ; telex : AGREC 22037 B
            25. Refund payable on request by the successful tenderer (*) :
                   Refund applicable on 20 October 1988 fixed by Regulation (EEC) No 3016/88 in Official Journal of
                   the European Communities No L 271 of 1 October 1988, page 45
 ---pagebreak--- 29 . 10 . 88                               Official Journal of the European Communities                                         No L 296 25
             Notes :
             (') The operation number is to be quoted in all correspondence.
             (2) Commission delegate to be contacted by the successful tenderer :
                  Mr J. Fessaguet, Head of Office, Delegation EEC, Dhaka Office, House CES (E) 19,
                   Road 128 Gulhan, Dhaka 12, Bangladesh.
             (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 level.
              (4) In order not to overload the telex, tenderers are requested to provide, before the date and time laid down
                   in point 20 of this Annex, evidence that the tendering security referred to in Article 7 (4) (a) of Regulation
                   (EEC) No 2200/87 has been lodged, preferably :
                   — either by porter at the office referred to in point 24 of this Annex,
                   — or by telecopier on one of the following numbers in Brussels :
                        235  01 32
                        236  10 97
                        235  01 30
                        236  20 05 .
              0 Commission Regulation (EEC) No 2330/87 (OJ No L 210, 1 . 8. 1987, p. 56) is applicable as regards the
                   export refund and, where appropriate, the monetary and accession compensatory amounts, the representa­
                    tive rate and the monetary coefficient. The date referred to in Article 2 of the abovementioned Regulation
                    is that referred to in point 25 of this Annex.
               (s) Two ports of shipment may be specified in the tender if the loading must be completed in the second
                    port.
 ---pagebreak--- No L 296/26                                 Official Journal of the European Communities                                       29 . 10 . 88
                                                                 ANNEX II
                       ALLOCATION TO BANGLADESH UNDER 1988 FOOD AID PROGRAMME
            1 . Discharging conditions
                The 'Recipient' shall unload the 100 000 tonnes of wheat as per the following conditions.
            2. Type of vessel to be fixed
                It is envisaged that three vessels (self-trimming bulk carriers) will be fixed, each carrying about 33 000 to
                35 000 tonnes of wheat. The vessels will be geared ones of maximum length 610', with maximum draft
                of 35', even keel salt water so that each vessel, after requisite lighterage at Chittagong outer anchorage
                could, at the Receiver's option, either take berth at Chittagong port and, after discharging requisite quan­
                tities and attaining permissible draft, sail to Chalna for completion of discharging, or directly to Chalna
                for completion of discharging. A maximum of 40 % of each vessel's cargo may be discharged at Chalna
                at the Receiver's option. Minimum of five hooks/hatch. Fully geared with a minimum of 10 tonnes
                lifting capacity on even hatch. Vessel to be fitted with suitable fenders, such fenders being for owner's/
                disponent owner's account.
            3. Discharging facilities
                Vessels will furnish at discharging ports 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
                 loading and discharging ports at their own expense.
            4. Vessels ETA information
                 Master to wireless/cable nominees of the recipient MOVEMENTS CHITTAGONG (simultaneously
                 informing BANGLASHIP CHITTAGONG and MOVESTORE DHAKA) for orders regarding discharge                             >
                  10 days prior to their arrival at the first 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, BANGLA­
                 SHIP, CHITTAGONG and MOVESTORE, DHAKA :
                 (a) Upon sailing from loading port vessels must state :
                         (i) quantity loaded,
                        (ii) arrival draft,
                       (iii) TPI (tonnes per inch) ;
                  (b) 10 days approximate ETA Chittagong Port,
                         5 days approximate ETA Chittagong Port,
                       72 hours definite ETA Chittagong Port,
                       48 hours definite ETA Chittagong Port,
                        24 hours definite ETA Chittagong Port.
             5. Places of discharging
                   It is envisaged that out of the total 100 000 tonnes of wheat, about 60 000 tonnes will be discharged at
                   Chittagong (1 to 2 safe berth) and the balance of 40 000 tonnes at Chalna (1 to 2 safe berth).
                  A maximum of 40 % of each vessel's cargo may be discharged at Chalna at the Receiver's option.
              6. Discharging rate and discharging port(s) time counting
                   The cargo is to be discharged by the recipient free of risk and expense to the vessel at the rate of 2 000
                   tonnes average each in Chittagong and in Chalna per weather working day of 24 consecutive hours,
                   Friday and holidays excepted even if worked. Time from 12.00 noon on Thursday and 17.00 on a day
                   preceeding holiday until 09.00 on Saturday or next working day not to count even if worked. The rate of
                   discharge is based on five or more workable hatches. If, however, the number of workable hatches is less
                   than five, discharging rate will be reduced proportionately. At Chittagong and Chalna laytime will
                   commence to count 24 hours after Notice of Readiness tendered and accepted during office hours,
                   whether the vessel is in berth or not. At the discharge port(s), time of shifting from anchorage to berth,
                   berth to berth, and port to port not to count as laytime and expenses will be on owner's account.
 ---pagebreak--- 29 . 10 . 88                                 Official Journal of the European Communities                                     No L 296/27 '
                   If any trimming is required after lighterage at the Chittagong outer anchorage/discharging and Chitta­
                   gong jetty/silo berth for safe passage to Chalna, it will be on account of the owners, receivers providing
                   only empty gunny bags and owners providing requisite thread for such trimming. Time required for
                   trimming is not to count as laytime. Master to give direction for trimming. Discharge at anchorage to be
                   affected with master's approval.
                   At Chittagong, outer anchorage and/or at Chalna anchorage, time lost due to cast off of mother vessel
                   with lighter because of swell, not to count as laytime.
              7. Lighterage at discharge port
                    If the vessels arrive at Chittagong and are unable to enter and take jetty/silo berth there due to excess
                    arrival draft, the recipient will undertake lighterage of the requisite quantity of cargo at the Chittagong
                    outer anchorage at their own cost for attaining permissible draft.
                    After further discharging at Chittagong jetty/silo berth, on attaining the permissable draft for Chalna,
                    subject to the limit of maximum of 40 % of each vessel's cargo for discharging at Chalna, at the
                    receiver's option, the vessel will then proceed to Chalna for completion of discharging. Subject to the
                    limit of maximum of 40 % of each vessel's cargo for discharging at Chalna, at receiver's option, after
                    lighterage at Chittagong outer anchorage, if permissable draft is attained, the vessel may proceed directly
                    to Chalna for completion of discharging. If the vessels arrive with deeper draft than available at the Chit­
                    tagong outer anchorage, lightening will be carried out at Kutubdia and the vessels to proceed from there
                    to Chittagong outer anchorage as soon as permissable draft is attained. The cost and time for the quan­
                    tity lightened, including trimming, if any, at Kutubdia, will be on the owner's account. Collision damage,
                    if any, during the lightening will be settled directly between the owners of the mother vessels and the
                    lightening vessels.
                    Master of the vessel(s) at all times to give full cooperation to the recipient and/or their nominees/agents
                     for expediting discharge. The Recipient/their recipient/their nominees/agents supply fenders to lighte­
                     ning vessel(s) for avoiding damage.
               8 . ...
               9 . ...
             10. Payment
                     Payment by the Commission to the recipient under this treaty will be phased as follows :
                     (a)...
                     (b)...
                     (c) 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.
                     (d) 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 or to the
             >            relevant Intervention Agency which has awarded the contract after consultation with recipient.
              1 1 . Demurrage/Dispatch
                      Should the vessel(s) not be discharged at the rate herein stipulated, demurrage shall be paid by the
                      recipient at the rate stipulated in the charter party subject to a maximum of US $ 4 000 per day lost.
                      For working time saved at the port(s) of discharge, dispatch money shall be paid to the recipient at the
                      rate of 50 % of the rate of demurrage.
                      Demurrage or dispatch at the discharging ports, 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.
                      Laytime at port(s) of discharging to be non-reversible.
               12.
 ---pagebreak--- No L 296/28                            Official Journal of the European Communities                                          29 . 10 . 88
          13. 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 Authori­
                ties, to be on the receiver's/owner's account on 50 : 50 basis. Overtime expenses for vessel's crew to be
                always on the owner's account.
                First opening and last closing of hatches at each port of discharge to be done by vessel's crew at all times
                outside laytime hours.
                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.
           14. ...
           15. ...
           16 . ...