CELEX: 31996R1416
Language: en
Date: 1996-07-22 00:00:00
Title: COMMISSION REGULATION (EC) No 1416/96 of 22 July 1996 on the supply of common wheat as food aid

23. 7. 96             EN                 Official Journal of the European Communities                              No L 182/ 1
                                                                   I
                                                 (Acts whose publication is obligatory)
                                         COMMISSION REGULATION (EC) No 1416/96
                                                           of 22 July 1996
                                          on die supply of common wheat as food aid
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          limits and conditions of supply and the procedure to be
                                                                       followed to determine the resultant costs,
  Having regard to the Treaty establishing the European
  Community,                                                           HAS ADOPTED THIS REGULATION:
  Having regard to Council Regulation (EEC) No 3972/86                                          Article 1
  of 22 December 1986 on food-aid policy and food-aid                  A tendering procedure is hereby initiated for the award of
  management ('), as last amended by Regulation (EC) No                a contract for the supply of common wheat to Bangladesh
  1292/96 (2), and in particular Article 6 (1 ) (c) thereof,           in accordance with the provisions of Regulation (EEC) No
                                                                       2200/87 and with the conditions laid down in Annex I
 Whereas Council Regulation (EEC) No 1420/87 of 21                     hereto.
 May 1987 laying down implementing rules for Regulation               The offer submitted shall be deemed to have been drawn
 (EEC) No 3972/86 on food-aid policy and food-aid man­
 agement (3) lays down the list of countries and organiz­             up taking account of the charges and constraints resulting
 ations eligible for food-aid operations and specifies the            from specific clauses set out in the exchange of letters
 general criteria on the transport of food aid beyond the             between the Commission and the recipient, published in
 fob stage;                                                           part in Annex II. In particular, the laydays should be
                                                                      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, by its Decision of 22 October 1992 on the                   recipient by the Community will be for the account of
 supply of food aid to Bangladesh, the Commission allo­               the successful tenderer.
 cated to this country 75 000 tonnes of cereals to be
 supplied free at port of landing — undischarged;                     The successful tenderer is deemed to have noted and
                                                                      accepted all the general and specific conditions appli­
 Whereas it is necessary to provide for the carrying-out of           cable. Any other condition or reservation included in his
                                                                      tender is deemed unwritten .
 this measure in accordance with the rules laid down by
 Commission Regulation (EEC) No 2200/87 of 8 July                                               Article 2
 1987 laying down general rules for the mobilization in
 the Community of products to be supplied as Community                This Regulation shall enter into force on the day
 food aid (4), as amended by Regulation (EEC) No                      following its publication in the Official Journal of the
 790/91 (*); whereas it is necessary to specify the time              European Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done at Brussels, 22 July 1996.
                                                                               For the Commission
                                                                                  Franz FISCHLER
                                                                            Member of the Commission
(') OJ  No  L  370,  30. 12. 1986, p. 1 .
P)  OJ  No  L  166,  5. 7. 1996, p. 1 .
(3) OJ  No  L  136,  26. 5. 1987, p. 1 .
(*) OJ  No  L  204,  25. 7. 1987, p. 1 .
M OJ No L 81 , 28. 3. 1991 , p. 108.
 ---pagebreak--- No L 182/2            EN                 Official Journal of the European Communities                                           23 . 7. 96
                                                                 ANNEX I
                                                               LOTS A, B, C
             1 . Operation Nos ('): 971 /95 (A); 972/95 (B); 973/95 (C)
             2. Programme: 1995
             3. Recipient (2): Bangladesh
             4. Representative of the recipient: The Secretary, Ministry of Food, Bangladesh Secretariat, Dhaka,
                  Bangladesh
             5. Place or country of destination (*): Bangladesh
             6. Product to be mobilized: common wheat
             7. Characteristics and quality of the goods (3): see OJ No C 1 14, 29. 4. 1991 , p. 1 (under IIA (1 ) (a))
             8. Total quantity: 75 000 tonnes
             9. Number of lots: 3 (A: 25 000 tonnes; B: 25 000 tonnes; C: 25 000 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: 19. 8 to 1 . 9. 1996; B: 2 to 15. 9. 1996; C: 16 to 29. 9. 1996
           18. Deadline for the supply (*): A: 30. 9 to 13. 10. 1996; B: 14 to 27. 10. 1996; C: 28. 10 to 10. 1 1 . 1996
           19. Procedure for determining the costs of supply: invitation to tender
          20. Date of expiry of the period allowed for submission of tenders: 6. 8. 1996 (12 noon (Brussels
                 time))
          21 . In the case of a second invitation to tender:
                 (a) deadline for the submission of tenders: 20. 8. 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 stage: A: 2 to 15. 9. 1996; B: 16 to 29. 9. 1996; C: 30. 9 to 13. 10. 1996
                 (c) deadline for the supply (6): A: 14 to 27. 10. 1996; B: 28 . 10 to 10. 1 1 . 1996; C: 1 1 to 24. 1 1 . 1996
          22. Amount of the tendering security: ECU 5 per tonne
          23. Amount of the delivery security: 10 % of the amount of the tender in ecus
          24. Address for submission of tenders and tendering securities ('): Bureau de laide alimentaire, a
                 l'attention de Monsieur T. Vestergaard, bâtiment Loi 130, bureau 7/46, 200 rue de la Loi/Wetstraat,
                 B- 1 049 Brussels. Telex 25670 AGREC B; fax (32 2) 296 70 03 / 296 70 04
          25. Refund payable on request by the successful tenderer (4): refund applicable on 26. 7. 1996, fixed by
                 Commission Regulation (EC) No 1206/96 (OJ No L 161 , 29. 6. 1996, p. 28)
 ---pagebreak--- 23 . 7. 96            EN                 Official Journal of the European Communities                                         No L 182/3
             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 1053/95 (OJ No L 107, 12. 5. 1995, p. 4), shall not apply to this amount.
           (5) 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.
 ---pagebreak--- No L 182/4          I bn I                 Official Journal of the European Communities                                        23 . 7. 96
                                                                ANNEX II
           The recipient shall unload the 75 000 tonnes of wheat as per the following conditions.
           1 . Type of vessels to be fixed
                It is envisaged that three 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 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 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 1 2 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--- 23 . 7. 96            EN                 Official Journal of the European Communities                                       No L 182/5
                 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.