CELEX: 31999R0450
Language: en
Date: 1999-03-01 00:00:00
Title: Commission Regulation (EC) No 450/1999 of 1 March 1999 on the supply of common wheat as food aid

2. 3. 1999           EN                 Official Journal of the European Communities                                   L 54/3
                                   COMMISSION REGULATION (EC) No 450/1999
                                                      of 1 March 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                                      Article 1
Community,                                                         A tendering procedure is hereby initiated for the award of
                                                                   a contract for the supply of common wheat to Bangladesh
Having regard to Council Regulation (EC) No 1292/96 of             in accordance with the provisions of Regulation (EC) No
27 June 1996 on food-aid policy and food-aid manage-               2519/97 and with the conditions laid down in Annex I
ment and special operations in support of food security (1),       hereto.
and in particular Article 24(1)(b) thereof,
                                                                   The offer submitted shall be deemed to have been drawn
                                                                   up taking account of the charges and constraints resulting
Whereas the abovementioned Regulation lays down the                from specific clauses set out in the exchange of letters
list of countries and organisations eligible for Community         between the Commission and the recipient, published in
aid and specifies the general criteria on the transport of         part in Annex II. In particular, the laydays should be
food aid beyond the fob stage;                                     assessed on the basis of an average daily discharge rate of
                                                                   2 400 tonnes in such a way that dispatch to be paid to the
Whereas, following the taking of a number of decisions             recipient by the European Community will be for the
on the allocation of food aid, the Commission has al-              account of the supplier.
located cereals to Bangladesh;
                                                                   The tenderer is deemed to have noted and accepted all
                                                                   the general and specific conditions applicable. Any other
Whereas it is necessary to provide for the carrying out of         condition or reservation included in his tender is deemed
this measure in accordance with the rules laid down by             unwritten.
Commission Regulation (EC) No 2519/97 (2) of 16
December 1997 laying down general rules for the mobil-                                     Article 2
isation of products to be supplied under Council Regula-
tion (EC) No 1292/96 as Community food aid; whereas it             This Regulation shall enter into force on the day
is necessary to specify the time limits and conditions of          following its publication in the Official Journal of the
supply 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, 1 March 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 54/4         EN                  Official Journal of the European Communities                                  2. 3. 1999
                                                       ANNEX I
                                                    LOTS A and B
        1. Action Nos: 118/98 (A); 119/98 (B)
        2. Beneficiary (2): Bangladesh
        3. Beneficiary’s representative: The Secretary, Ministry of Food, Bangladesh Secretariat, Dhaka, Bangla-
           desh
        4. Country of destination: Bangladesh
        5. Product to be mobilised: common wheat
        6. Total quantity (tonnes net): 60 000
        7. Number of lots: 2 (A: 30 000 tonnes; B: 30 000 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 mobilisation of the product: the Community market
       12. Specified delivery stage: free at port of landing — undischarged (7)
       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: 9.5.1999; B: 17 — 23.5.1999
           — second deadline: A: 23.5.1999; B: 31.5 — 6.6.1999
       18. Period or deadline of supply at the alternative stage:
           — first deadline: A: 29.3 — 4.4.1999; B: 5 — 11.4.1999
           — second deadline: A: 12 — 18.4.1999; B: 19 — 25.4.1999
       19. Deadline for the submission of tenders (12 noon, Brussels time):
           — first deadline: 16.3.1999
           — second deadline: 30.3.1999
       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 Mr T. Vestergaard, Bâtiment Loi 130, bureau 7/46, Rue de la Loi/
           Wetstraat 200, B-1049 Bruxelles/Brussel
           telex 25670 AGREC B; fax (32 2) 296 70 03/296 70 04 (exclusively)
       22. Export refund (4): refund applicable on 28.2.1999, fixed by Commission Regulation (EC) No 218/1999
           (OJ L 23, 30.1.1999, p. 16)
 ---pagebreak--- 2. 3. 1999          EN                   Official Journal of the European Communities                                          L 54/5
           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 Understanding 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 54/6           EN                   Official Journal of the European Communities                                          2. 3. 1999
                                                          ANNEX II
       The recipient shall unload the 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 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 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 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.
 ---pagebreak--- 2. 3. 1999          EN                    Official Journal of the European Communities                                        L 54/7
              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, 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/demurrage, 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.