CELEX: 31982R0330
Language: en
Date: 1982-02-08 00:00:00
Title: Commission Regulation (EEC) No 330/82 of 8 February 1982 on delivery of milled long grain rice as food aid for the Republic of Mali

12. 2. 82                           Official Journal of the European Communities                          No L 41 /29
                                 COMMISSION REGULATION (EEC) No 330/82
                                                  of 8 February 1982
               on delivery of milled long-grain rice as food aid for the Republic of Mali
THE COMMISSION OF THE EUROPEAN                                the procedure for submission of tenders, since the
COMMUNITIES,                                                  manner in which the security is lodged must guarantee
                                                              that the successful tenderer complies with his obliga­
Having regard to the Treaty establishing the European         tions ;
Economic Community,
                                                              Whereas, however, the specific provisions concerning
Having regard to Council Regulation (EEC) No                  delivery to destination must be set out ; whereas the
1418/76 of 21 June 1976 on the common organization            successful tenderer must thus bear all risk in the goods
of the market in rice ('), as last amended by the Act of      up to unloading at the stipulated destination ; whereas
Accession of Greece, and in particular Article 25             payment can be made only when proof of delivery to
thereof,                                                      the destination is provided ;
                                                              Whereas it must be made clear who is to bear any
Having regard to Council Regulation (EEC) No                  costs which arise in the event that for reasons of force
2750/75 of 29 October 1975 laying down the condi­              majeure the operation in question is not completed
tions for the mobilization of cereals as food aid (2), and    within the period stipulated ;
in particular Article 6 thereof,
                                                              Whereas the Italian intervention agency should be
Having regard to Council Regulation No 129 of 23               made responsible for the tendering procedure in ques­
October 1962 on the value of the unit of account and           tion ;
the exchange rates to be applied for the purposes of
the common agricultural policy (3), as last amended by        Whereas the measures provided for in this Regulation
Regulation (EEC) No 2543/73 (4), and in particular             are in accordance with the opinion of the Management
Article 3 thereof,                                             Committee for Cereals,
Having regard to the opinion of the Monetary
Committee,                                                     HAS ADOPTED THIS REGULATION :
Whereas on 19 May 1981 the Council of the European
                                                                                      Article 1
Communities declared that by way of Community
action it proposed to grant the Republic of Mali 2 760
tonnes of milled long-grain rice under its 1981 food­          1 . The intervention agency mentioned in Annex I
                                                               hereto is hereby required to implement the mobiliza­
aid programme ;
                                                               tion and supply of the product stated in the said
                                                               Annex as food aid, subject to the provisions of this
Whereas pursuant to Article 3 (3) of Council Regula­           Regulation .
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;                             2. Supply of the products shall be organized under
                                                               the tender procedure.
Whereas an invitation to tender should be issued for
supply of the products delivered unloaded at Gao, via          3. Annex I shall take the place of a notice of invita­
Lome, in view of the final use to be made of the goods         tion to tender. The intervention agency responsible
delivered ;                                                    shall make further publications as necessary.
Whereas the provisions of Commission Regulation                                       Article 2
(EEC) No 1974/80 of 22 July 1980 laying down
general implementing rules in respect of certain food­          1 . For the purposes of the invitation to tender, the
aid operations involving cereals and rice (% as last           following provisions of Regulation (EEC) No 1974/80
amended by Regulation (EEC) No 3323/81 (*), should             shall apply :
be applied as far as possible, particularly in respect of
                                                               — Article 4, except the provisions of paragraph 3 (e)
                                                                    and paragraph 4 (d) and (e) in respect of submis­
(') OJ No L 166, 25. 6. 1976, p. 1 .                                sion of tenders,
b) OJ No L 281 , 1 . 11 . 1975, p. 89.
(3) OJ No 106, 30. 10. 1962, p. 2553/62.                       — Article 5 in respect of provision of security,
(4) OJ No L 263, 19. 9. 1973, p. 1 .
0 OJ No L 192, 26. 7. 1980, p. 11 .                            — Article 6 in respect of opening and reading
 4 OJ No L 334, 21 . 11 . 1981 , p. 27.                             tenders .
 ---pagebreak--- No L 41 /30                         Official Journal of the European Communities                                 12. 2. 82
2.    The tender shall indicate the amount of the             tion to which the goods are subject, until they have
tender expressed per tonne of product, in the currency        effectively been unloaded and delivered to the final
of the Member State where the tendering procedure is          destination .
taking place. The tender must include the cost of
fumigation, unloading and warehousing at the final            3.     The successful tenderer shall communicate as
destination stated in Annex I.                                soon as possible to the recipient's representative the
                                                              date of loading, the means of transport used to consign
The tender shall state separately the amount of cost in       the goods to the final destination, and the probable
respect of sea and land transport to the stipulated final     date of arrival. He shall immediately send this infor­
destination .                                                 mation to the intervention agency responsible for
                                                              payment, which shall forward it without delay to the
The tender shall indicate the Member State in which           Commission .
the tenderer, in the event of his being declared
successful, undertakes to complete the customs export         The tenderer shall advise the recipient's representative,
formalities.                                                  at least three days in advance, of the probable date of
                                                              arrival of the goods at the final destination.
3.     The tenderer shall carry out his obligations
pursuant to this Regulation and the undertakings
referred to in Article 4 (4) of Regulation (EEC) No                                     Article 5
 1974/80, with the exception of subparagraphs (d) and
(e) thereof.                                                   1 . The intervention agency of the country of ship­
                                                              ment shall arrange for a check at the port before
4. The tenderer shall undertake to ship in vessels            loading on the quantity, quality and packaging of the
listed in the larger classes in recognized classification     goods. Following inspection an attestation shall be
registers, not more than 15 years old, and attested by a      issued by the intervention agency. The costs relating
competent body as meeting hygiene requirements.               thereto shall be borne by the successful tenderer.
                                                              The successful tenderer shall provide that intervention
                         Article 3                            agency with a certificate from the organization which
                                                              undertook fumigation, showing that that operation has
 1.    Without prejudice to paragraphs 2 and 3, the           been carried out.
contract shall be awarded within 48 hours to the
 tenderer who has submitted the most favourable                2. Samples intended for analysis shall be taken and
 tender.                                                      the inspection shall be carried out in accordance with
                                                              the trade practices in force in the country of shipment.
2.     Where the most favourable tender is submitted          The successful tenderer and the recipient's representa­
by more than one tenderer, the intervention agency             tive shall be invited to take part in the operation .
shall award the contract to one of those tenderers by
drawing lots.                                                 Two sealed samples shall be kept by the intervention
                                                               agency until issue by the recipient of the taking-over
 3 . If the tenders do not appear to be in line with           certificate or until issue of the certificate referred to in
 the prices normally prevailing on the market, the             Article 6 (2).
 intervention agency may, with the agreement of the
 Commission, decide not to award the contract.                 3. If the inspection referred to in paragraph 1 gives
                                                               rise to a dispute, the intervention agency shall arrange
 4. The intervention agency shall communicate the              for a second inspection by a service different from that
 results of the tendering procedure to all the tenderers       mentioned in paragraph 1 , the findings of which shall
 by letter or telex sent not later than the first working      be final . The costs relating thereto shall be borne by
 day following the award decision .                            the losing party.
                                                               4. Where the inspection provided for in the prece­
                         Article 4                             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 6
 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
 ---pagebreak--- 12. 2. 82                            Official Journal of the European Communities                             No L 41 /31
over and give a description of the goods taken over in         — every tenderer whose tender was not successful or
the form given in Annex II and any comments by the                  was not accepted,
recipient.                                                     — the successful tenderer in respect of quantities not
                                                                    delivered on account of force majeure,
2. Where the taking-over certificate is not issued for         — the successful tenderer in respect of the quantities
reasons other than a dispute about the goods, proof of              delivered in accordance with this Regulation and
delivery may be provided by means of a certificate of               on presentation of the original of the taking-over
the form given in Annex II endorsed by the Commu­                   certificate or a certified true copy thereof or, where
nity representative in the country of destination .                 appropriate, the certificate referred to in Article 6
                                                                    (2).
                         Article 7
                                                               2. The security referred to in Article 7 (4) shall be
                                                               released immediately when the successful tenderer
                                                               furnishes the proof in accordance with Article 6 that at
 1 . Payment to the successful tenderer shall be made          least 80 % of the quantity provided for has been
by the intervention agency of the Member State in              delivered in conformity with the conditions laid down
which the customs export formalities are completed.            in this Regulation.
2. The amount to be paid shall be that of the tender                                      Article 9
plus, where appropriate, the costs referred to in Article
9. It shall be paid in the currency of the Member State
which is responsible for payment. For this purpose             If the successful tenderer, for reasons of force majeure,
this amount shall be converted by using,                       has to bear exceptional costs in respect of the delivery
                                                               made under this Regulation which cannot be covered
— where the currencies in question are maintained              by insurance, he may receive compensation therefor
     within a maximum spread at any one time of                on production of supporting documents and with the
     2-25 % , the conversion rate resulting from their         prior agreement of the Commission.
     central rate,
— in other cases, the relationship between the two                                       Article 10
     currencies concerned established by using the
     latest statement of their spot exchange rates made         Except in case of force majeure the successful tenderer
     immediately prior to the closing date for the              shall bear all the financial consequences of the non­
     submission of tenders as published in the 'C' series       delivery of the goods under the conditions laid down
     of the Official Journal of the European Commu­             in this Regulation if the recipient had made delivery
      nities.
                                                                possible under such conditions.
 3. The amount referred to in paragraph 2 shall be              The costs resulting from the non-delivery of the goods
 paid to the successful tenderer on presentation of the         following a case of force majeure shall be borne by the
 original of the taking-over certificate or a certified         intervention agency responsible for payment.
 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
 make without delay an initial payment of 80 % of the           Articles 21 and 22 ( 1 ) and (2) of Regulation (EEC) No
 value of the quantity given in the bill of lading, on           1974/80 shall apply in the context of this Regulation.
 presentation of a copy of that document, of the attesta­
 tion referred to in Article 5 ( 1 ) and of the fumigation      The intervention agency responsible for payment shall,
 certificate, and subject to the provision of a security for    on receipt, send the information referred to in Article
 an amount equal to the initial payment.                        4 (3) to the Commission.
                                                                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--- No L 41 /32                    Official Journal of the European Communities                        12. 2. 82
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 8 February 1982.
                                                                   For the Commission
                                                                     Poul DALSAGER
                                                               Member of the Commission
 ---pagebreak--- 12. 2. 82                          Official Journal of the European Communities                            No L 41 /33
                                                       ANNEX I
           1 . Programme : 1981
           3 . Recipient : Republic of Mali
           3. Place or country of destination : Republic of Mali
           4. Product to be mobilized : milled long-grain rice
           5. Total quantity : 2 760 tonnes (8 000 tonnes cereals)
           6 . Number of lots : one
           7. Intervention agency responsible for conducting the procedure :
                Ente nazionale Risi piazza Pio XI, 1 , Milano (telex 26032)
           8 . Method of mobilizing the product : Community market
           9. Characteristics of the goods :
                — rice of fair and sound merchantable quality, free from abnormal smell and pests
                — moisture : 1 5 %
                — broken rice : 5 % maximum
                —  chalky grains : 5 % maximum
                —  grains striated with red : 3 % maximum
                —  spotted grains : 1 -5 % maximum
                —  stained grains : 1 % maximum
                —  yellow grains : 0-050 % maximum
                —  amber grains : 0*20 % maximum
          10 . Packaging :
                —  in bags (')
                —  quality of the bags : new jute sacks, 600 g
                —  net weight of the bags : 50 kg
                —  marking on the bags in letters at least 5 cm high :
                   'RIZ — DON DE LA COMMUNAUTÉ ÉCONOMIQUE EUROPÉENNE AU MALI'
          11 . Port of shipment : a Community port
          12. Delivery stage : delivered destination — Centre de stockage de l'OPAM — Gao, Mali via Lomé.
          13 . Procedure to be applied in order to determine supply costs : tendering
          14. Deadline for the submission of tenders : 22 February 1982 at 12 noon
          15. Shipment period : 10 March to 10 April 1982
          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--- No L 41 /34                        Official Journal of the European Communities                                 12. 2. 82
                                                       ANNEX II
                                            TAKING-OVER CERTIFICATE
            Recipient :
            I the undersigned :
                                                                                (Name, forename, business name)
            acting on behalf of
            certifv 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.