CELEX: 31997R0240
Language: en
Date: 1997-02-10 00:00:00
Title: COMMISSION REGULATION (EC) No 240/97 of 10 February 1997 on the supply of common wheat as food aid

No L 40/ 6          EN                 Official Journal of the European Communities                                11 . 2. 97
                                         COMMISSION REGULATION (EC) No 240/97
                                                        of 10 February 1997
                                         on the supply of common wheat as food aid
    THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       HAS ADOPTED THIS REGULATION :
    Having regard to the Treaty establishing the European                                     Article 1
   Community,
                                                                     A tendering procedure is hereby initiated for the award of
    Having regard to Council Regulation (EC) No 1292/96 of           a contract for the supply of common wheat to Bangladesh
   27 June 1996 on food-aid policy and food-aid manage­              in accordance with the provisions of Regulation (EEC) No
   ment and special operations in support of food security ('),      2200/87 and with the conditions laid down in Annex I
   and in particular Article 24 ( 1 ) (b) thereof,                   hereto.
                                                                     The offer submitted shall be deemed to have been drawn
   Whereas the abovementioned Regulation lays down the
   list of countries and organizations eligible for food-aid         up taking account of the charges and constraints resulting
                                                                     from specific clauses set out in the exchange of letters
   operations and specifies the general criteria on the trans­
                                                                     between the Commission and the recipient, published in
   port of food aid beyond the fob stage;                            part in Annex II . In particular, the laydays should be
  Whereas, by its Decision of 22 October 1992 on the                assessed on the basis of an average daily discharge rate of
  supply of food aid to Bangladesh, the Commission allo­            2 400 tonnes in such a way that dispatch to be paid to the
  cated to this country cereals to be supplied free at port of      recipient by the Community will be for the account of
                                                                    the successful tenderer.
  landing — undischarged;
                                                                    The successful tenderer is deemed to have noted and
  Whereas it is necessary to provide for the carrying-out of        accepted all the general and specific conditions appli­
  this measure in accordance with the rules laid down by            cable . Any other condition or reservation included in his
  Commission Regulation (EEC) No 2200/ 87 of 8 July                 tender is deemed unwritten .
  1987 laying down general rules for the mobilization in
  the Community of products to be supplied as Community                                      Article 2
  food aid (2), as amended by Regulation (EEC) No
  790/91 (3); whereas it is necessary to specify the time           This Regulation shall enter into force on the day
  limits and conditions of supply and the procedure to be           following its publication in the Official Journal of the
  followed to determine the resultant costs ,                       European Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 10 February 1997.
                                                                             For the Commission
                                                                                Franz FISCHLER
                                                                         Member of the Commission
(>) OJ No L 166, 5. 7. 1996, p. 1 .
I1) OJ No L 204, 25. 7. 1987, p. 1 .
 3 OJ No L 81 , 28 . 3 . 1991 , p. 108 .
 ---pagebreak--- 11 . 2. 97             EN                Official Journal of the European Communities                                          No L 40/7
                                                                ANNEX I
                                                              LOTS A and B
              1 . Operation No ('): 92/96 (A); 93/96 (B)
              2. Programme : 1996
             3. Recipient (2): Bangladesh
             4. Representative of the recipient: The Secretary, Ministry of Food, Bangladesh Secretariat, Dhaka,
                   Bangladesh
             5. Place or country of destination (5): Bangladesh
             6 . Product to be mobilized : common wheat
             7. Characteristics and quality of the goods (3) Q: see OJ No C 1 14, 29. 4. 1991 , p. 1 (under 1 1 .A. ( 1 ) (a))
             8 . Total quantity (tonnes): 45 000
             9. Number of lots: two (A: 25 000 tonnes; B: 20 000 tonnes)
            10. Packaging and marking: in bulk
            11 . 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: A: 10 — 16. 3 . 1997; B: 17 — 23 . 3 . 1997
           18 . Deadline for the supply (6): A: 27. 4. 1997; B : 28 . 4 — 11 . 5 . 1997
           19. Procedure for determining the costs of supply: invitation to tender
           20 . Date of expiry of the period allowed for submission of tenders : 25 . 2. 1997 ( 12 noon (Brussels
                  time))
           21 . In the case of a second invitation to tender:
                  (a) deadline for the submission of tenders: 11 . 3. 1997 ( 12 noon (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: A: 24 — 30. 3. 1997; B: 31 . 3 — 6. 4. 1997
                 (c) deadline for the supply (6): A: 11 . 5 . 1997; B : 12 — 25 . 5. 1997
           22. Amount of tendering security: ECU 5 per tonne
           23 . Amount of 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 , attn .
                  Mr T. Vestergaard, Bâtiment Loi 130 , bureau 7/46, Rue de la Loi/Wetstraat 200 , B-1049 Brussels ;
                 Telex : 25670 AGREC B; fax : (32-2) 296 70 03/296 70 04 (exclusively)
           25. Refund payable on application by the successful tenderer (4): refund applicable on 21 . 2. 1997,
                  fixed by Commission Regulation (EC) No 182/97 (OJ No L 31 , 1 . 2. 1997, p. 17)
 ---pagebreak--- No L 40 / 8           EN                  Official Journal of the European Communities                                          11 . 2 . 97
              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 1482/96 (OJ No L 188 , 27 . 7. 1996, p. 22), shall not apply to this amount.
            (s) Commission delegation to be contacted by the successful tenderer: OJ No C 1 14, 29 . 4. 1991 , p. 33 .
            C") See Annex II point 4, second paragraph .
            (7) The successful tenderer shall supply to the beneficiary or its representative, on delivery, the following
                 documents :
                 — phytosanitary certificate,
                 — fumigation certificate .
 ---pagebreak--- 11 . 2 . 97               EN                 Official Journal of the European Communities                                       No L 40 /9
                                                                   ANNEX II
             The recipient shall unload the 45 000 tonnes of wheat as per the following conditions.
              1 . Type of vessels to be fixed
                   It is envisaged that two 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 — 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, 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 beforehand ETA Chittagong port,
                      five days beforehand ETA Chittagong port,
                      72 hours, 48 hours and 24 hours beforehand 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 40 / 10          I EN                 Official Journal of the European Communities                                       11 . 2 . 97
                   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 weather, 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 USD 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 USD 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.