CELEX: 31983R3473
Language: en
Date: 1983-12-07 00:00:00
Title: Commission Regulation (EEC) No 3473/83 of 7 December 1983 on delivery of rolled oats to the league of Red Cross societies as food aid

9 . 12 . 83                             Official Journal of the European Communities                         No L 347/ 11
                                   COMMISSION REGULATION (EEC) No 3473/83
                                                     of 7 December 1983
               on delivery of rolled oats to the League of Red Cross Societies as food aid
THE COMMISSION OF THE EUROPEAN                                    be applied as far as possible, particularly in respect of
COMMUNITIES,                                                      the procedure for submission of tenders, since the
Having regard to the Treaty establishing the European             manner in which the security is lodged must guarantee
Economic Community,                                               that the successful tenderer complies with his obliga­
                                                                  tions ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organi­                  Whereas, however, the specific provisions concerning
zation of the market in cereals ('), as last amended by           delivery to destination must be set out ; whereas the
Regulation (EEC) No 1451 /82 (2),                                 successful tenderer must thus bear all risk in the goods
Having regard to Council Regulation (EEC) No                      up to unloading at the stipulated destination ; whereas
2750/75 of 29 October 1975 fixing criteria for the                payment can be made only when proof of delivery to
mobilization of cereals intended as food aid (3), as              the destination is provided ;
amended by Regulation (EEC) No 3331 / 82 (4), and in              Whereas it must be made clear who is to bear any
particular Article 6 thereof,                                     costs which arise in the event that for reasons of force
Having regard to Council Regulation (EEC) No                       majeure the operation in question is not completed
1992/83 of 11 July 1983 laying down the implement­                within the period stipulated ;
ing rules for 1983 for Regulation ( EEC) No 3331 /82
concerning food-aid policy and food-aid manage­                   Whereas the Dutch intervention agency should be
ment (*),                                                         made responsible for the tendering procedure in ques­
                                                                  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 (6), as last amended by            Committee for Cereals,
Regulation (EEC) No 2543/73 Q, and in particular
Article 3 thereof,
                                                                  HAS ADOPTED THIS REGULATION :
Having regard to the opinion of the Monetary
Committee ,
                                                                                         Article 1
Whereas on 29 July 1983 the Commission of the
European Communities decided to grant, under a                     1 . The intervention agency mentioned in Annex I
Community measure, 100 tonnes of cereals for the                  hereto is hereby required to implement the mobiliza­
League of Red Cross Societies under the food-aid                  tion and supply of the product stated in the said
programme for 1983 ;                                              Annex as food aid, subject to the provisions of this
Whereas pursuant to Article 3 (3) of Council Regula­              Regulation .
tion (EEC) No 2750/75 the goods may be purchased
anywhere on the Community market ;                                 2. Supply of the products shall be organized under
                                                                   the tendering procedure .
Whereas an invitation to tender should be issued for
supply of the products delivered unloaded at Nyami­                3 . Annex I shall take the place of a notice of invita­
rambo 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
                                                                                         Article 2
(EEC) No 1974/80 of 22 July 1980 laying down
general implementing rules in respect of certain food­             1 . For the purposes of the invitation to tender, the
aid operations involving cereals and rice (8), as last             following provisions of Regulation (EEC) No 1974/80
amended by Regulation (EEC) No 3323/81 (9), should
                                                                   shall apply :
(') OJ   No L 281 , 1 . 11 . 1975, p. 1 .
                                                                   — Article 4, except the provisions of paragraph 3 (e)
(2) OJ   No L 164,  14. 6 . 1982, p. 1 .                               and paragraph 4 (d) and (e), in respect of submis­
0   OJ   No L 281 , 1 . 11 . 1975, p. 89.                              sion of tenders,
(4) OJ   No L 352,  14. 12. 1982, p. 1 .                           — Article 5 in respect of provision of security,
0   OJ   No L 196,  20. 7. 1983, p. 1 .
(j 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,
(8) 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--- No L 347/ 12                       Official Journal of the European Communities                                9 . 12 . 83
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 preced­
                        Article 4                            ing 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--- 9 . 12. 83                           Official Journal of the European Communities                           No L 347/ 13
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             Articles 21 and 22 ( 1 ) and (2) of Regulation (EEC) No
make without delay an initial payment of 80 % of the
                                                                1974/80 shall apply in the context of this Regulation .
value of the quantity given in the bill of lading, on
presentation of a copy of that document, of the attesta­       The intervention agency responsible for payment shall,
tion referred to in Article 5 ( 1 ) and of the fumigation
certificate, and subject to the provision of a security for    on receipt, send the information referred to in Article
                                                               4 (3) to the Commission .
an amount equal to the initial payment.
                                                               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--- No L 347/ 14                  Official Journal of the European Communities                        9 . 12 . 83
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 7 December 1983.
                                                                  For the Commission
                                                                    Poul DALSAGER
                                                              Member of the Commission
 ---pagebreak--- 9 . 12. 83                          Official Journal of the European Communities                               No L 347/ 15
                                                          ANNEX I
            1 . Programme : 1983
            2. Recipient : League of Red Cross Societies
            3. Place or country of destination : Rwanda
            4 . Product to be mobilized : rolled oats
            5 . Total quantity : 58 tonnes ( 100 tonnes of cereals)
            6 . Number of lots : one
            7. Intervention agency responsible for conducting the procedure :
                Verkoop- en Inkoopbureau (VIB), Kouvenderstraat 229, NL 6430 AZ Hoensbroek (telex 56 396)
            8 . Method of mobilizing the product : the Community market
            9. Characteristics of the goods :
                Production of quick-cooking oat flakes :
                Raw oats : First quality high-density oats
                Cleaning and preparation : Oats to be cleaned of extraneous matter, debittered and stabilized by
                treatment with steam
                Hulling : Oats to be size-classified and hulled. After separation of husks, oat kernels to be
                scoured and polished
                Groats : Oat kernels to be cut, sorted and air-cleaned. Groats dampened and pre-cooked with
                steam , then rolled to flakes
                Quality of oat flakes :
                humidity : less than 1 2 %
                ash content : less than 2,3 % of dry matter
                crude fibre : less than 1 ,5 % of dry matter
                husk content : less than 0,10 % of dry matter
                protein content : not less than 12 % of dry matter
           10 . Packaging :
                — in bags
                — quality of the bags :
                    bag composition :
                    — four bags of Kraft paper, of a strength corresponding to a weight of at least 70 g/m2
                    — one interposed bag made of tarred paper of a strength corresponding to a weight of at
                        least 140 g/m2
                    — one double-bound polyethylene internal pocket at least 0,06 mm thick
                    — top and bottom seals of bag to be pasted
                — net weight of bags : 25 kg
                — marking on the bags :
                    a red cross, 10 x 10 cm, as well as the following :
                    'FLOCONS D'AVOINE / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EUROPÉENNE
                    / ACTION DE LA LIGUE DES SOCIÉTÉS DE LA CROIX-ROUGE / POUR DISTRIBU­
                    TION GRATUITE AU RWANDA'
 ---pagebreak--- No L 347/ 16                          Official Journal of the European Communities                                   9 . 12. 83
            1 1 . Port of shipment : a Community port
            12. Delivery stage : delivered destination — stores of the Rwanda Red Cross in Nyamirambo — via
                  Mombasa or Dar es Salaam
            13 . Procedure to be applied in order to determine supply costs : tendering
            14. Deadline for the submission of tenders : 12 noon on 20 December 1983
            15 . Shipment period : 10 to 31 January 1984
            16 . Security : 12 ECU per tonne
            Notes :
            1 . The successful tenderer shall forward, through the intermediary of the intervention agency, to the
                 recipient on the latter's request and in accordance with his instructions the documents necessary
                 for importation of the goods into the country of destination .
            2. 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'.
            3. The successful tenderer shall send a copy of the shipping documents to the following address :
                 Commission Delegation in Rwanda, c/o 'Diplomatic Bag', Berlaymont 1 / 123, 200, rue de la Loi,
                 B-1049 Brussels .
                                                           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 :
          The quality of the goods delivered is in accordance with that fixed in the invitation to tender.