CELEX: 31982R1832
Language: en
Date: 1982-07-05
Title: Commission Regulation (EEC) No 1832/82 of 5 July 1982 on delivery of common wheat as food aid to the Kingdom of Lesothof

No L 202/ 10                            Official Journal of the European Communities                                 9 . 7 . 82
                                   COMMISSION REGULATION (EEC) No 1832/82
                                                          of 5 July 1982
                  on delivery of common wheat as food aid to the Kingdom of Lesotho
THE COMMISSION OF THE EUROPEAN                                      whereas, however, the specific provisions concerning
COMMUNITIES,                                                        delivery to destination must be set out ; whereas the
                                                                    successful tenderer must thus bear all risk in the goods
Having regard to the Treaty establishing the European               up to unloading at the stipulated destination ; whereas
Economic Community,
                                                                    payment can be made only when proof of delivery to
Having regard to Council Regulation (EEC) No                        the destination is provided ;
2727/75 of 29 October 1975 on the common organi­
zation of the market in cereals ('), as last amended by             Whereas it must be made clear who is to bear any
Regulation (EEC) No 1451 /82 (2), and in particular                 costs which arise in the event that for reasons of force
Article 28 thereof,                                                 majeure the operation in question is not completed
                                                                    within the period stipulated ;
Having regard to Council Regulation (EEC) No
2750/75 of 29 October 1975 laying down the condi­                   Whereas the Belgian intervention agency should be
tions for the mobilization of cereals as food aid (3), and          made responsible for the tendering procedure in ques­
in particular Article 6 thereof,                                    tion ;
Having regard to Council Regulation No 129 of 23
October 1962 on the value of the unit of account and                Whereas the measures provided for in this Regulation
the exchange rates to be applied for the purposes of                are in accordance with the opinion of the Management
the common agricultural policy (4), as last amended by              Committee for Cereals,
Regulation (EEC) No 2543/73 (*), and in particular
Article 3 thereof,
Having regard to the opinion of the Monetary                         HAS ADOPTED THIS REGULATION :
Committee,
Whereas on 26 April 1982 the Council of the Euro­
pean Communities declared that by way of Commu­                                              Article 1
nity action it proposed to grant Lesotho 6 000 tonnes
of     common      wheat       under      its     1982 food-aid      1 . The intervention agency mentioned in Annex I
programme ;                                                          hereto is hereby required to implement the mobiliza­
                                                                     tion and supply of the product stated in the said
Whereas pursuant to Article 3 (3) of Council Regula­                 Annex as food aid, subject to the provisions of this
 tion (EEC) No 2750/75 the goods may be purchased                    Regulation .
 anywhere on the Community market ;
 Whereas an invitation to tender should be issued for                2. Supply of the products shall be organized under
 supply of the products delivered unloaded at Maseru                 the tender procedure.
 via Durban, in view of the final use to be made of the
 goods delivered ;                                                   3.     Annex I shall take the place of a notice of invita­
                                                                     tion to tender. The intervention agency responsible
 Whereas the provisions of Commission Regulation                     shall make further publications as necessary.
 (EEC) No 1974/80 of 22 July 1980 laying down
 general implementing rules in respect of certain food­
 aid operations involving cereals and rice (6), as last                                      Article 2
 amended by Regulation (EEC) No 3323/ 81 Q, should
 be applied as far as possible, particularly in respect of            1 . For the purposes of the invitation to tender, the
 the procedure for submission of tenders, since the                   following provisions of Regulation (EEC) No 1974/80
  manner in which the security is lodged must guarantee               shall apply :
  that the successful tenderer complies with his obliga­
  tions ;                                                             — Article 4, except the provisions of paragraph 3 (e)
                                                                          and paragraph 4 (d) and (e), in respect of submis­
  (>) OJ  No L 281 , 1 . 11 . 1975, p . 1 .                               sion of tenders ,
  (2) OJ  No L 164, 14. 6. 1982, p . 1 .                              — Article 5 in respect of provision of security,
  0   OJ  No L 281 , 1 . 11 . 1975, p . 89 .
  (4) OJ  No 106, 30 . 10 . 1962, p . 2553 / 62 .                     — Article 6 in respect of opening and reading
  0   OJ  No L 263 , 19 . 9 . 1973, p. 1 .                                 tenders,
  (6) OJ  No L 192, 26 . 7 . 1980 , p . 11 .
  o   OJ  No L 334, 21 . 11 . 1981 , p . 27 .                         — Article 8 in respect of comparing tenders.
 ---pagebreak--- 9 . 7 . 82                           Official Journal of the European Communities                            No L 202/ 11
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--- No L 202/ 12                          Official Journal of the European Communities                                 9 . 7. 82
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--- 9 . 7. 82                    Official Journal of the European Communities                      No L 202/ 13
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States .
          Done at Brussels, 5 July 1982.
                                                                 For the Commission
                                                                   Poul DALSAGER
                                                             Member of the Commission
 ---pagebreak--- No L 202/ 14                       Official Journal of the European Communities                                    9 . 7. 82
                                                          ANNEX I
             1 . Programme : 1982
             2. Recipient : Kingdom of Lesotho
             3 . Place or country of destination : Lesotho
             4 . Product to be mobilized : common wheat
             5 . Total quantity : 6 000 tonnes
             6 . Number of lots : one
             7. Intervention agency responsible for conducting the procedure :
                 OBEA, 82, rue de Treves, B-1040 Brussels (telex 24 076)
             8 . Method of mobilizing the product : the Community market
             9 . Characteristics of the goods : the common wheat must be of fair and sound merchantable
                 quality and correspond at least to the bread-making quality required for intervention (moisture :
                 maximum 14 % )
            10. Packaging : in bulk
            11 . Port of shipment : a Community port
            12. Delivery stage : delivered destination — Food Management Unit, Railway Siding 4457, Maseru
                 via Durban
            13 . Procedure to be applied in order to determine supply costs : tendering
            14. Deadline for the submission of tenders : 12 noon on 27 July 1982
            15 . Shipment period : October 1982
            176. Security : 6 ECU per tonne
                     f
 ---pagebreak--- 9 . 7. 82                        Official Journal of the European Communities                             No L 202/ 15
                                                     ANNEX II
                                          TAKING-OVER CERTIFICATE
          Recipient :
          I the undersigned :
                                                                             (Name, forename, business name)
          acting on behalf of
          certify 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.