CELEX: 31984R1372
Language: en
Date: 1984-05-16 00:00:00
Title: Commission Regulation (EEC) No 1372/84 of 16 May 1984 on the supply of common wheat flour as food aid to the Republic of Bolivia

18 . 5. 84                             Official Journal of the European Communities                         No L 132/ 17
                                  COMMISSION REGULATION (EEC) No 1372/84
                                                      of 16 May 1984
                 on the supply of common wheat flour as food aid to the Republic of Bolivia
THE COMMISSION OF THE EUROPEAN                                   tion in view of the final use to be made of the goods
COMMUNITIES,                                                     delivered ;
Having regard to the Treaty establishing the European            Whereas the provisions of Commission Regulation
Economic Community,                                              (EEC) No 1974/80 of 22 July 1980 laying down
                                                                 general implementing rules in respect of certain food
Having regard to Council Regulation (EEC) No                     aid operations involving cereals and rice (8), as last
2727/75 of 29 October 1975 on the common organi­                 amended by Regulation (EEC) No 3323/81 (9), should
zation of the market in cereals ('), as last amended by          be applied as far as possible, particularly in respect of
                                                                 the procedure for submission of tenders, since the
Regulation (EEC) No 1451 /82 (2),                                manner in which the security is lodged must guarantee
                                                                 that the successful tenderer complies with his obliga­
Having regard to Council Regulation (EEC) No                     tions ;
2750/75 of 29 October 1975 fixing criteria for the
mobilization of cereals intended as food aid (3), as             Whereas, however, the specific provisions concerning
amended by Regulation (EEC) No 3331 /82 (4), and in              delivery to destination must be set out ; whereas the
particular Article 6 thereof,                                    successful tenderer must thus bear all risk in the goods
                                                                 up to unloading at the stipulated destination ; whereas
Having regard to Council Regulation (EEC) No                     payment can be made only when proof of delivery to
1992/83 of 11 July 1983 laying down the implemen­                the destination is provided ;
ting rules for 1983 for Regulation (EEC) No 3331 /82
concerning food-aid policy and food-aid manage­                  Whereas it must be made clear who is to bear any
ment (*),                                                        costs which arise in the event for reasons of force
                                                                  majeure the operation in question is not completed
Having regard to Council Regulation No 129 of 23                 within the period stipulated ;
October 1962 on the value of the unit of account and
the exchange rates to be applied for the purposes of             Whereas the Management Committee for Cereals has
the common agricultural policy (*), as last amended by           not delivered an opinion within the time limit set by
Regulation (EEC) No 2543/73 Q, and in particular                 its chairman,
Article 3 thereof,
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, under
                                                                                        Article 1
Community measures, various quantities of cereals to
certain non-member countries and beneficiary organi­
zations ;                                                         1 . The intervention agency mentioned in Annex I
                                                                  hereto is hereby required to implement the mobiliza­
Whereas pursuant to Article 3 (2) of Council Regula­              tion and supply of the product stated in the said
tion (EEC) No 2750/75 intervention products may be               Annex as food aid, subject to the provisions of this
utilized ;                                                        Regulation.
Whereas an invitation to tender should be issued for              2. Supply of the products shall be organized by
supply of the products delivered unloaded at destina              tendering procedure.
(') OJ  No L 281 , 1 . 11 . 1975, p. 1 .                          3. Annex I shall take the place of a notice of invita­
(2) 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 .
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--- No L 132/ 18                       Official Journal of the European Communities                                18 . 5 . 84
                        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---  18 . 5. 84                           Official Journal of the European Communities                         No L 132/ 19
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 spot 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, 16 May 1984.
                                                                           For the Commission
                                                                             Poul DALSAGER
                                                                      Member of the Commission
 ---pagebreak--- No L 132/20                         Official Journal of the European Communities                               18 . 5. 84
                                                         ANNEX I
             1 . Programme : 1983
            2. Recipient : Republic of Bolivia
            3. Place or country of destination : La Paz
            4. Products to be mobilized : common wheat flour
            5. Total quantity : 7 300 tonnes (10 000 tonnes of cereals)
             6. Number of lots : three
                 — lot 1 : 2 500 tonnes
                 — lot 2 : 2 500 tonnes
                 — lot 3 : 2 300 tonnes
             7. Intervention agency responsible for conducting die 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 :
                 — flour of fair and sound merchantable quality, free from abnormal smell and pests
                 — moisture : 14 % maximum
                 — protein content : 1 0,5 % minimum (N x 6,25 on dry matter)
                 — ash content : 0,62 % maximum referred to dry matter
           10. Packaging :
                 — in bags :
                    — quality of the bags : woven synthetic
                    — net weight of the bags : 25 kg
                 — marking on the bags in letters at least 5 cm high :
                    'HARINA DE TRIGO / DONACIÓN DE LA COMUNIDAD ECONÓMICA EUROPEA A
                    BOLIVIA / PARA DISTRIBUCIÓN GRATUITA'
           1 1 . Port of shipment : a Community port
           12. Delivery stage : delivered destination — La Paz via Antofagasta
           13. Procedure to be applied in order to determine supply costs : tendering
           14. Deadline for the submission of tenders : 12 noon on 29 May 1984
           15. Shipment period : 15 June to 15 July 1984
           1 6. Security : 1 2 ECU per tonne
           Note :
          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--- 18 . 5. 84                         Official Journal of the European Communities                              No L 132/21
                                                       ANNEX II
                                            TAKING-OVER CERTIFICATE
           Recipient
           I the undersigned
                                                                               (Name, forename, business name)
           acting on behalf of
           certify that delivery has been taken of tfhe 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 132/22                       Official Journal of the European Communities                           18 . 5. 84
 BILAG III — ANHANG III — ΠΑΡΑΡΤΗΜΑ III — ANNEX III — ANNEXE III — ALLEGATO 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                   'Ονομα 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            3 425             BAYWA AG                                   Regensburg
                                           Postfach 810108                            019 518
                                           8000 München
            2               738            Kornhaus Süderelbe                         Hamburg
                                           E. und R. Mackprang                        158 001
                                           Postfach 185
                                           2100 Hamburg 90
                            687            Andreas Hansen                             Hamburg
                                           Steckelhoern 9                             111 001
                                           2000 Hamburg 11
                         2 000             Sped, und Handelsges. mbH                  Hochdonn
                                           Postfach 1108                              295 101
                                            2223 Meldorf/Holstein
            3             1 497             RHESPAG                                   Mannheim
                                            Rhein. Sped, und Schiff. Ges.             259 301
                                            Rheinkaistraße 17
                                            6800 Mannheim
                          1 653             Rhenus WTAG                               Mannheim
                                            Postfach 1926                             258 601
                                            6800 Mannheim