CELEX: 31983R1978
Language: en
Date: 1983-07-18 00:00:00
Title: Commission Regulation (EEC) No 1978/83 of 18 July 1983 on the delivery of common wheat flour as food aid to Swaziland

No L 195/28                             Official Journal of the European Communities                               19 . 7. 83
                                    COMMISSION REGULATION (EEC) No 1978 /83
                                                          of 18 July 1983
                        on the delivery of common wheat flour as food aid to Swaziland
 THE COMMISSION OF THE EUROPEAN                                      manner in which the security is lodged must guarantee
 COMMUNITIES,                                                        that the successful tenderer complies with his obliga­
                                                                     tions ;
 Having regard to the Treaty establishing the European
  Economic Community,                                                Whereas, however, the specific provisions concerning
                                                                     delivery to destination must be set out ; whereas the
 Having regard to Council Regulation (EEC) No                        successful tenderer must thus bear all risk in the goods
 2727/75 of 29 October 1975 on the common organi­                    up to unloading at the stipulated destination ; whereas
 zation of the market in cereals ('), as last amended by             payment can be made only when proof of delivery to
 Regulation (EEC) No 1451 /82 (2), and in particular                 the destination is provided ;
 Article 28 thereof,
                                                                    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 (3), and         within the period stipulated ;
 in particular Article 6 thereof,                                   Whereas the British intervention agency should be
                                                                    made responsible for the tendering procedure in ques­
 Having regard to Council Regulation No 129 of 23                   tion ;
 October 1962 on the value of the unit of account and
 the exchange rates to be applied for the purposes of               Whereas the measures provided for in this Regulation
 the common agricultural policy (4), as last amended by             are in accordance with the opinion of the Management
 Regulation (EEC) No 2543/73 (*), and in particular                 Committee for Cereals,
 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                                           Article 1
 pean Communities declared that by way of Commu­
 nity action it proposed to grant Swaziland 2 000                   1 . The intervention agency mentioned in Annex I
tonnes of cereals under its 1982 food-aid 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 ;
                                                                    2. Supply of the products shall be organized under
Whereas an invitation to tender should be issued for                the tender procedure.
supply of the products delivered unloaded at Mbabane,               3 . Annex I shall take the place of a notice of invita­
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
(EEC) No 1974/80 of 22 July 1980 laying down                                                Article 2
general implementing rules in respect of certain food­
aid operations involving cereals and rice (6), as last              1 . For the purposes of the invitation to tender, the
amended by Regulation (EEC) No 3323/81 Q, should                    following provisions of Regulation (EEC) No 1974/80
be applied as far as possible, particularly in respect of           shall apply :
the procedure for submission of tenders, since the                  — 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,
(3) 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
Is) OJ No L 263, 19. 9. 1973, p. 1 .                                    tenders,
(6) OJ No L 192, 26. 7. 1980, p. 11 .
0 OJ No L 334, 21 . 11 . 1981 , p. 27.                              — Article 8 in respect of comparing tenders.
 ---pagebreak---  19 . 7. 83                        Official Journal of the European Communities                            No L 195/29
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 1 5 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 195/ 30                         Official Journal of the European Communities                                19. 7. 83
 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--- 19 . 7. 83                    Official Journal of the European Communities                      No L 195/31
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 18 July 1983.
                                                                  For the Commission
                                                                    Poul DALSAGER
                                                              Member of the Commission
 ---pagebreak--- No L 195/32                         Official Journal of the European Communities                             19. 7. 83
                                                          ANNEX I
             1 . Programme : 1982
             2. Recipient : Swaziland
             3. Place or country of destination : Swaziland (Mbabane)
             4. Products to be mobilized : common wheat flour
             5. Total quantity : 1 460 tonnes (2 000 tonnes of common wheat)
             6 . Number of lots : one
             7. Intervention agency responsible for conducting the procedure :
                  Intervention Board for Agricultural Produce, Fountain House, 2 Queens Walk, UK-Reading RGl
                  7QW, Berks (telex 848 302)
             8. Method of mobilizing the product : on the Community market
            9. Characteristics of the goods :
                 — flour of fair and sound merchantable quality, free from abnormal smell and pests
                 — moisture : 14 % maximum
                 — protein content : 10,5% minimum (N x 6,25 on dry matter)
                 — ash content : 0,62 % maximum referred to dry matter
           10. Packaging :
                 — in new bags (') :
                      — jute sacks of a minimum weight of 600 g, or
                      — composite sacks jute/polypropylene of a minimum weight of 335 g
                 — net weight of the bags : 50 kg
                 — marking on the bags, in letters at least 5 cm high :
                      'WHEAT FLOUR — GIFT OF THE EUROPEAN COMMUNITIES'
          1 1 . Port of shipment : a Community port
          12. Delivery stage : delivered destination (Mbabane)
                 Swaziland Union of Bakers, c/o Ministry of Commerce, Industry, Mines and Tourism, Matsapha
          13 . Procedure to be applied in order to determine supply costs : tendering
          14. Deadline for the submission of tenders : at 12 noon on 2 August 1983
          15. Shipment period : 2 to 31 August 1983
          1 6. Security : 1 2 ECU per tonne
                                                                          r
          (') 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--- 19 . 7. 83                         Official Journal of the European Communities                             No L 195/33
                                                      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.