CELEX: 31996R2249
Language: en
Date: 1996-11-25 00:00:00
Title: COMMISSION REGULATION (EC) No 2249/96 of 25 November 1996 on the supply of common wheat as food aid

26. 11 . 96        EN                 Official Journal of the European Communities                            No L 302/ 11
                                        COMMISSION REGULATION (EC) No 2249/96
                                                       of 25 November 1996
                                         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
   operations and specifies the general criteria on the trans­
                                                                     from specific clauses set out in the exchange of letters
   port of food aid beyond the fob stage;                            between the Commission and the recipient, published in
                                                                     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, 25 November 1996 .
                                                                              For the Commission
                                                                                Franz FISCHLER
                                                                         Member of the Commission
(') OJ No L 166, 5. 7. 1996, p. 1 .
(2) OJ No L 204, 25. 7. 1987, p. 1 .
(3) OJ No L 81 , 28. 3. 1991 , p. 108 .
 ---pagebreak--- No L 302/ 12        lENl                Official Journal of the European Communities                                       26 . 11 . 96
                                                             ANNEX I
                                                             LOTS A, B
             1 . Operation No ('): 38/96 (A); 39/96 (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 II A ( 1 ) (a))
            8 . Total quantity (tonnes): 40750
            9. Number of lots: 2 (lot A: 20 750 tonnes; lot 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: —
          1 7. Period for making the goods available at the port of shipment where the supply is awarded at
                 the port of shipment stage: A: 23. 12. 1996 — 5. 1 . 1997; B: 6. — 19. 1 . 1997
          18 . Deadline for the supply (6): A: 3 . — 16. 2. 1997; B: 17. 2 . — 2. 3 . 1997
          19. Procedure for determining the costs of supply: invitation to tender
          20. Date of expiry of the period allowed for submission of tenders: 10 . 12. 1996 ( 12 noon (Brussels
                 time))
          21 . In the case of a second invitation to tender:
                (a) deadline for the submission of tenders: 23. 12. 1996 ( 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: A: 6. — 19. 1 . 1997; B: 20 . 1 . — 2. 2. 1997
                (c) deadline for the supply (6): A: 17. 2. — 2. 3. 1997; B: 3. — 16. 3. 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/Weststraat 200, B- 1 049 Brussels; Telex:
                25670 AGREC B; fax: (32-2) 296 70 03 / 296 70 04
         25. Refund payable on application by the successful tenderer (4): refund applicable on 15. 11 . 1996,
                fixed by Commission Regulation (EC) No 2055/96 (OJ No L 276, 29. 10. 1996, p. 1 )
 ---pagebreak--- 26 . 11 . 96             EN                 Official Journal of the European Communities                                       No L 302/ 13
               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.
             0 Commission delegation to be contacted by the successful tenderer: OJ No C 1 14, 29 . 4. 1991 , p. 33 .
             (6) See Annex II point 4, second paragraph .
             Q The successful tenderer shall supply to the beneficiary or its representative, on delivery, the following
                  documents :
                  — phytosanitary certificate.
 ---pagebreak--- No L 302 / 14        PEN !                   Official Journal of the European Communities                                      26 . 11 . 96
                                                                 ANNEX II
            The recipient shall unload the 40 750 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 aid 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--- 26. 11 . 96            EN                 Official Journal of the European Communities                                      No L 302/ 15
                  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.