CELEX: 31999R1949
Language: en
Date: 1999-09-13 00:00:00
Title: Commission Regulation (EC) No 1949/1999 of 13 September 1999 on the supply of common wheat as food aid

14. 9. 1999            EN                       Official Journal of the European Communities                                       L 242/3
                                          COMMISSION REGULATION (EC) No 1949/1999
                                                           of 13 September 1999
                                            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
Community,                                                                                              Article 1
Having regard to Council Regulation (EC) No 1292/96 of 27                  A tendering procedure is hereby initiated for the award of a
June 1996 on food-aid policy and food-aid management and                   contract for the supply of common wheat to Bangladesh in
special operations in support of food security (1), and in par-            accordance with the provisions of Regulation (EC) No 2519/97
ticular Article 24(1)(b) thereof,                                          and with the conditions laid down in Annex I hereto.
Whereas:
                                                                           The offer submitted shall be deemed to have been drawn up
(1)     the abovementioned Regulation lays down the list of                taking account of the charges and constraints resulting from
        countries and organisations eligible for Community aid             specific clauses set out in the exchange of letters between the
        and specifies the general criteria on the transport of food        Commission and the recipient, published in part in Annex II. In
        aid beyond the fob stage;                                          particular, the laydays should be assessed on the basis of an
                                                                           average daily discharge rate of 2 400 tonnes in such a way that
(2)     following the taking of a number of decisions on the               dispatch to be paid to the recipient by the European
        allocation of food aid, the Commission has allocated               Community will be for the account of the supplier.
        cereals to Bangladesh;
(3)     it is necessary to provide for the carrying out of this            The tenderer is deemed to have noted and accepted all the
        measure in accordance with the rules laid down by                  general and specific conditions applicable. Any other condition
        Commission Regulation (EC) No 2519/97 (2) of 16                    or reservation included in his tender is deemed unwritten.
        December 1997 laying down general rules for the
        mobilisation of products to be supplied under Council                                           Article 2
        Regulation (EC) No 1292/96 as Community food aid; it
        is necessary to specify the time limits and conditions of          This Regulation shall enter into force on the day following its
        supply to determine the resultant costs,                           publication in the Official Journal of the European Communities.
                      This Regulation shall be binding in its entirety and directly applicable in all Member States.
                      Done at Brussels, 13 September 1999.
                                                                                        For the Commission
                                                                                          Franz FISCHLER
                                                                                    Member of the Commission
(1) OJ L 166, 5.7.1996, p. 1.
(2) OJ L 346, 17.12.1997, p. 23.
 ---pagebreak--- L 242/4         EN                       Official Journal of the European Communities                                       14. 9. 1999
                                                             ANNEX I
                                                            LOTS A, B
         1. Action No: 203/98 (A) and 204/98 (B)
         2. Beneficiary (2): Bangladesh
         3. Beneficiary's representative: The Secretary, Ministry of Food, Bangladesh Secretariat, Dhaka, Bangladesh
         4. Country of destination: Bangladesh
         5. Product to be mobilized: common wheat
         6. Total quantity (tonnes net): 50 000
         7. Number of lots: 2 (A: 25 000 tonnes; B: 25 000 tonnes)
         8. Characteristics and quality of the product (3) (5): see OJ C 114, 29.4.1991, p. 1 (II.A.(1)(a))
         9. Packaging: in bulk
        10. Labelling or marking: —
            — Language to be used for the markings: —
            — Supplementary markings: —
        11. Method of mobilization of the product: the Community market
        12. Specified delivery stage: free at port of landing — undischarged (7)
            The recipient shall unload the wheat as per the conditions laid down in Annex II
        13. Alternative delivery stage: free at port of shipment — fob stowed and trimmed
        14. (a) Port of shipment: —
            (b) Loading address: —
        15. Port of landing: Chittagong
        16. Place of destination: —
            — port or warehouse of transit: —
            — overland transport route: —
        17. Period or deadline of supply at the specified stage (6) (8):
            — first deadline: A: 21.11.1999; B: from 6 to 19.12.1999
            — second deadline: A: 5.11.1999; B: from 20.12.1999 to 2.1.2000
        18. Period or deadline of supply at the alternative stage:
            — first deadline: A: from 11 to 17.10.1999; B: from 25 to 31.10.1999
            — second deadline: A: from 25 to 31.10.1999; B: from 1 to 7.11.1999
        19. Deadline for the submission of tenders (at 12 noon, Brussels time):
            — first deadline: 28.9.1999
            — second deadline: 12.10.1999
        20. Amount of tendering guarantee: EUR 5 per tonne
        21. Address for submission of tenders and tendering guarantees (1): Bureau de l'aide alimentaire, Attn. Monsieur T.
            Vestergaard, bâtiment Loi 130, bureau 7/46, Rue de la Loi/Wetstraat 200, B-1049 Bruxelles/Brussel, télex: 25670
            AGREC B; fax: (32-2) 296 70 03/296 70 04 (exclusively)
        22. Export refund (4): refund applicable on 24.9.1999, fixed by Commission Regulation (EC) No 1856/1999 (OJ L 228,
            28.8.1999, p. 8)
 ---pagebreak--- 14. 9. 1999          EN                         Official Journal of the European Communities                                              L 242/5
            Notes:
            (1) Supplementary information: André Debongnie (tel.: (32-2) 295 14 65),
                                               Torben Vestergaard (tel.: (32-2) 299 30 50).
            (2) The supplier shall contact the beneficiary or its representative as soon as possible to establish which consignment
                documents are required.
            (3) The supplier 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 (EC) No 259/98 (OJ L 25, 31.1.1998, p. 39) is applicable as regards the export refund. The
                date referred to in Article 2 of the said Regulation is that referred to in point 22 of this Annex.
                The supplier's attention is drawn to the last subparagraph of Article 4(1) of the above Regulation. The photocopy of
                the export licence shall be sent as soon as the export declaration has been accepted (fax (32-2) 296 20 05).
            (5) The supplier shall supply to the beneficiary or its representative, on delivery, the following documents:
                 — phytosanitary certificate,
                 — fumigation certificate.
            (6) See Annex II point 4, second paragraph.
            (7) In addition to the provisions of Article 14(3) of Regulation (EC) No 2519/97, vessels chartered shall not appear on
                any of the four most recent quarterly lists of detained vessels as published by the Paris Memorandum of Under-
                standing on Port State Control (Council Directive 95/21/EC (OJ L 157, 7.7.1995, p. 1)).
            (8) The final subparagraph of Article 14(14) of Commission Regulation (EC) No 2519/97 (OJ L 346, 17.12.1997, p. 23)
                applies.
 ---pagebreak--- L 242/6            EN                        Official Journal of the European Communities                                             14. 9. 1999
                                                                  ANNEX II
        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 five 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 Convention 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 the following notice to the recipient's nominees, i.e. Movements Chittagong, Bengalship Chittagong 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 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 five 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 anchorage 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.
           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.
 ---pagebreak--- 14. 9. 1999          EN                          Official Journal of the European Communities                                             L 242/7
            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, lighterage may be carried out at
               Kutubdia anchorage by the charterers/owners at their expense and such lighterage 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 (notwithstanding 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/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 USD 8 000 per day or part thereof.
               For working time saved at the port of discharge, dispatch 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 or dispatch 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 dispatch/demur-
               rage, if any, between supplier 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 recipient, they may
               be directly paid by the Commission on the recipient's behalf to the supplier.