CELEX: 31986R1273
Language: en
Date: 1986-04-29 00:00:00
Title: Commission Regulation (EEC) No 1273/86 of 29 April 1986 on delivery of common wheat as food aid to the Kingdom of Lesotho

1 . 5 . 86                                  Official Journal of the European Communities                          No L 114/ 11
                                       COMMISSION REGULATION (EEC) No 1273/86
                                                           of 29 April 1986
                        on delivery of common wheat as food aid to the Kingdom of Lesotho
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           Whereas the measures provided for in this Regulation are
                                                                      in accordance with the opinion of the Management
                                                                       Committee for Cereals,
Having regard to the Treaty establishing the European
Economic Community,
                                                                       HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC) No 3331 /82
of 3 December 1982 on food-aid policy and food-aid
management and amending Regulation (EEC) No
                                                                                                Article 1
2750/75 ('), and in particular the first subparagraph of
Article 3 ( 1 ) thereof,
                                                                       1 . The intervention agency mentioned in Annex I
                                                                      hereto is hereby required to implement the mobilization
Having regard to Council Regulation (EEC) No 2727/75                  and supply of the product stated in the said Annex as
of 29 October 1975 on the common organization of the                   food aid, subject to the provisions of this Regulation.
market in cereals (2), as last amended by Regulation (EEC)
No 3793/85 (3), and in particular Article 28 thereof,                 2. Supply of the products shall be organized under the
                                                                      tender procedure.
Whereas, by its decision of 15 July 1985 on the supply of              3 . Annex I shall take the place of a notice of invitation
food aid to Lesotho the Commission allocated to the
                                                                      to tender. The intervention agency responsible shall make
latter country 3 000 tonnes of cereals to be supplied free             further publications as necessary.
at destination ;
Whereas an invitation to tender should be issued for                                            Article 2
supply of the products delivered unloaded at destination
in view of the final use to be made of the goods deli­                 1 . For the purposes of the invitation to tender, the
vered ;                                                                following provisions of Regulation (EEC) No 1974/80
                                                                       shall apply :
Whereas it is necessary to provide for the carrying out of            — Article 4, except the provisions of paragraphs 3 (e) and
this measure in accordance with the rules laid down by                     4 (d) and (e), in respect of submission of tenders,
Commission Regulation (EEC) No 1974/80 of 22 July                      — Article 5 in respect of provision of security,
1980 laying down general implementing rules in respect                 — Article 6 in respect of opening and reading tenders,
of certain food-aid operations involving cereals and
rice (4), as last amended by Regulation (EEC) No                       — Article 8 in respect of comparing tenders.
3826/85 (*) ; whereas it is necessary to specify the time
limits and conditions of supply and the procedure to be                2.    The tender shall indicate the amount of the tender
followed to determine the resultant costs ;                            expressed per tonne of product, in the currency of the
                                                                       Member State where the tendering procedure is taking
                                                                       place.
Whereas, however, the specific provisions concerning
delivery to destination must be set out ; whereas the                  The tender must include the cost of fumigation, un­
successful tenderer must thus bear all risk in the goods up            loading and warehousing at the final destination stated in
to unloading at the stipulated destination ; whereas                   Annex I.
payment can be made only when proof of delivery to the
destination is provided ;                                              The tender shall state separately the amount of cost in
                                                                       respect of sea and land transport to the stipulated final
                                                                       destination .
Whereas it must be made clear who is to bear any costs
which arise in the event that for reasons of force majeure             The tender shall indicate the Member State in which the
 the operation in question is not completed within the                 tenderer, in the event of his being declared successful,
 period stipulated ;                                                   undertakes to complete the customs export formalities.
 (') OJ  No L  352,  14. 12. 1982, p. 1 .                              3 . The tenderer shall carry out his obligations pursuant
  2) OJ  No L  281 , 1 . 11 . 1975, p. 1 .                              to this Regulation and the undertakings referred to in
 (3) OJ  No L  367,  31 . 12. 1985, p. 19 .
 (4) OJ  No L   192, 26. 7. 1980 , p. 11 .                             Article 4 (4) of Regulation (EEC) No 1974/80, with the
 0   OJ  No L  371 , 31 . 12. 1985, p. 1 .                              exception of points (d) and (e) thereof.
 ---pagebreak---  No L 114/ 12                          Official Journal of the European Communities                                   1 . 5 . 86
4. The tenderer shall undertake to ship in vessels, listed        The successful tenderer shall provide that intervention
 in the larger classes in recognized classification registers,    agency with the certificate showing that the fumigation
 not more than 15 years old and attested by a competent           has been carried out.
body as meeting hygiene requirements.
                                                                  2. Samples intended for analysis shall be taken and the
                                                                  inspection shall be carried out in accordance with the
                          Article 3                               trade practices in force in the country of shipment. The
                                                                  successful tenderer and the recipient's representative shall
                                                                  be invited to take part in the operation.
 1.   Without prejudice to paragraphs 2 and 3, the
contract shall be awarded within 48 hours to the tenderer
who has submitted the most favourable tender.
                                                                 Two sealed samples shall be kept by the intervention
                                                                 agency until issue by the recipient of the taking-over
                                                                 certificate or until issue of the certificate referred to in
2. Where the most favourable tender is submitted by              Article 6 (2).
more than one tenderer, the intervention agency shall
award the contract to one of those tenderers by drawing          3 . If the inspection referred to in paragraph 1 gives rise
lots.
                                                                 to a dispute, the intervention agency shall arrange for a
                                                                 second inspection by a service different from that
3. If the tenders do not appear to be in line with the           mentioned in paragraph 1 , the findings of which shall be
prices normally prevailing on the market, the intervention       final. The costs relating thereto shall be borne by the
agency may, with the agreement of the Commission,                losing party.
decide not to award the contract.
                                                                 4. Where the inspection provided for in the preceding
4. The intervention agency shall communicate the                 paragraphs reveals that the goods do not satisfy the
results of the tendering procedure to all the tenderers by       requirements stipulated, they must be refused and
letter or telex sent not later than the first working day        replaced. Where some quantities are missing the
following the award decision.                                    successful tenderer must make up the cargo.
                                                                                            Article 6
                          Article 4
                                                                 1 . A taking-over certificate shall be issued by the reci­
1.    The successful tenderer shall contract as necessary,       pient immediately following unloading at the final desti­
at his own expense, for carriage of the goods to the final       nation. It shall state the place and date of taking over and
destination and shall bear all the costs involved, including     give a description of the goods taken over in the form
those of unloading and warehousing at the destination.           given in Annex II and any comments by the recipient.
He shall take out suitable insurance .
                                                                 2. Where the taking-over certificate is not issued for
2.    The successful tenderer shall bear all the risks rela­     reasons other than a dispute about the goods, proof of
ting to the goods, in particular of loss or deterioration to     delivery may be provided by means of a certificate of the
which the goods are subject, until they have effectively         form given in Annex II endorsed by the Community
been unloaded and delivered to the final destination .           representative in the country of destination .
3.    The successful tenderer shall communicate as soon
                                                                                            Article 7
as possible to the recipient's representative the date of
loading, the means of transport used to consign the goods
to the final destination, and the probable date of arrival.      1 . Payment to the successful tenderer shall be made by
He shall immediately send this information to the inter­         the intervention agency of the Member State in which the
vention agency responsible for payment, which shall              customs export formalities are completed.
forward it without delay to the Commission.
                                                                 2. The amount to be paid shall be that of the tender
                                                                 plus, where appropriate, the costs referred to in
The tenderer shall advise the recipient's representative, at     Article 9 . It shall be paid in the currency of the Member
least three days in advance, of the probable date of arrival     State which is responsible for payment. For this purpose
of the goods at the final destination.                           this amount shall be converted by using :
                                                                 — where the currencies in question are maintained
                          Article 5                                   within a maximum spread at any one time of 2,25 % ,
                                                                      the conversion rate resulting from their central rate,
1 . The intervention agency of the country of shipment           — in other cases, the relationship between the two
shall arrange for a check at the port, before loading, on             currencies concerned established by using the latest
the quantity, quality and packaging of the goods.                     statement of their spot exchange rates made immedia­
Following inspection an attestation shall be issued by the            tely prior to the closing date for the submission of
intervention agency. The costs relating thereto shall be              tenders as published in the 'C' series of the Official
borne by the successful tenderer.                                     Journal of the European Communities.
 ---pagebreak--- 1 . 5. 86                               Official Journal of the European Communities                           No L 114/ 13
3. The amount referred to in paragraph 2 shall be paid                                      Article 9
to the successful tenderer on presentation of the original
of the taking-over certificate or a certified copy thereof,       If the successful tenderer, for reasons of force majeure,
or, if this is not available, of the certificate referred to in   has to bear exceptional costs in respect of the delivery
Article 6 (2).                                                    made under this Regulation which cannot be covered by
                                                                  insurance, he may receive compensation therefor on
4. The intervention agency is hereby authorized to                production of supporting documents and with the prior
make without delay an initial payment of 80 % of the              agreement of the Commission.
value of the quantity given in the bill of lading, on
presentation of a copy of that document, of the attestation                                Article 10
referred to in Article 5 (1 ) and of the fumigation certifi­
cate, and subject to the provision of a security for an           Except in case of force majeure the successful tenderer
amount equal to the initial payment.                              shall bear all the financial consequences of the non-deli­
                                                                  very of the goods under the conditions laid down in this
The said security shall be provided as laid down in Article       Regulation if the recipient had made delivery possible
5 (2) of Regulation (EEC) No 1974/80.                             under such conditions.
                           Article 8                              The costs resulting from the non-delivery of the goods
                                                                  following a case of force majeure shall be borne by the
1 . The security referred to in Article 2 shall be                intervention agency responsible for payment.
immediately released to :
— every tenderer whose tender was not successful or was                                    Article 11
     not accepted,
                                                                  Articles 21 and 22 (1 ) and (2) of Regulation (EEC) No
— the successful tenderer in respect of quantities not            1974/80 shall apply in the context of this Regulation.
     delivered on account of force majeure,
— the successful tenderer in respect of the quantities            The intervention agency responsible for payment shall, on
     delivered in accordance with this Regulation and on          receipt, send the information referred to in Article 4 (3) to
     presentation of the original of the taking-over certifi­     the Commission .
     cate or a certified true copy thereof or,
     where appropriate, the certificate referred to in            The intervention agency in the country of shipment shall
                                                                  send the Commission, without delay, the results of the
     Article 6 (2).
                                                                  inspection referred to in Article 5.
2. The security referred to in Article 7 (4) shall be
released immediately when the successful tenderer furni­                                   Article 12
shes the proof in accordance with Article 6 that at least
80 % of the quantity provided for has been delivered in           This Regulation shall enter into force on the day
conformity with the conditions laid down in this Regula­          following its publication in the Official Journal of the
tion .                                                            European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 29 April 1986.
                                                                            For the Commission
                                                                             Frans ANDRIESSEN
                                                                                Vice-President
 ---pagebreak--- No L 114/ 14                          Official Journal of the European Communities                                1 . 5 . 86
                                                           ANNEX la
               1 . Programme : 1985
               2. Recipient : Lesotho
               3. Place or country of destination : Lesotho
               4. Product to be mobilized : common wheat
               5. Total quantity : 3 000 tonnes
               6. Number of lots : one
               7. Intervention agency responsible for conducting the procedure :
                   Bundesanstalt für landwirtschaftliche Marktordnung (BALM), Adickesallee 40, D-6000 Frankfurt/
                   Main (Telex 411 475)
               8 . Method of mobilizing the product : Intervention
               9. Characteristics of the goods :
                   Common wheat of sound and fair merchantable quality, free from odour and pests, which :
                   — has the minimum physical qualities required for common wheat of bread-making quality
                       pursuant to Article 5 (2) of Commission Regulation (EEC) No 1629/77 (Official Journal No L
                       181 of 21 July 1977), as last amended by Regulation (EEC) No 2215/84 (Official Journal No
                       L 203 of 31 July 1984), the moisture content not exceeding 14,5 %
                   — meets the technological requirements set out in Commission Regulation (EEC) No 2062/81
                      (Official Journal No L 201 of 22 July 1981 )
             10. Packaging : in bulk
             1 1 . Port of shipment : , a Community port
             12. Delivery stage : delivered destination — Lesotho Flour Mills, Private bag A62, MASERU 100,
                   Telex 329 BB, Tel. : 23498
             13. Procedure to be applied in order to determine supply costs : tendering
             14. Deadline for the submission of tenders : 12 noon on 13 May 1986
             15. Shipment period : 1 to 30 June 1986
             16. Security : 10 ECU per tonne
             Notes
             The successful tenderer shall send a copy of the shipping documents to the following address :
             Commission Delegation in Lesotho, c/o 'Diplomatic Bag , Berlaymont 1 / 123, 200 rue de la Loi,
             B- 1 049 Brussels.
 ---pagebreak--- 1 . 5. 86                              Official Journal of the European Communities                        No L 114/ 15
ANEXO lb — BILAG lb — ANHANG lb — ΠΑΡΑΡΤΗΜΑ 16 — ANNEX lb — ANNEXE lb — ALLEGATO lb —
                                                   BIJLAGE lb — ANEXO lb
 Número de la partida    Tonelaje                    Nombre y dirección del almacenista     Lugar de almacenamiento
    Partiets nummer     Mængde (t)                    Lagerindehaverens navn og adresse            Lagerplads
   Nummer der Partie     Menge (t)                   Name und Adresse des Lagerhalters        Ort der Lagerhaltung
   Αριθμός παρτίδων       Τόνοι                    Όνομα και διεύθυνση εναποΟηκευτού         Τόπος αποθηκεύσεως
     Number of lot       Tonnage                               Address of store               Town at which stored
     Numero du lot       Tonnage                         Nom et adresse du stockeur             Lieu de stockage
  Numero della partita Tonnellaggio                    Nome e indirizzo del detentore       Luogo di accantonamento
  Nummer van de partij Hoeveelheid (t)               Naam en adres van de depothouder       Adres van de opslagplaats
    Número do lote      Tonelagem                      Nome e direcção do armazenista        Local de armazenagem
                          3 000            Rudolf L. Rieke & Co .                       Salzhemmendorf 4
                                           Lagerhaus und Speditions-Gesellschaft        Lager-Nr. 2603-30
                                           Wallstraße 24
                                           Postfach 1340
                                           3450 Holzminden 1
 ---pagebreak--- No L 114/ 16                       Official Journal of the European Communities                               1 . 5. 86
                                                      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.