CELEX: 31983R0676
Language: en
Date: 1983-03-23 00:00:00
Title: Commission Regulation (EEC) No 676/83 of 23 March 1983 on the supply of common wheat flour as food aid to the Republic of Bolivia

No L 79/ 10                             Official Journal of the European Communities                              25. 3 . 83
                                    COMMISSION REGULATION (EEC) No 676/83
                                                      of 23 March 1983
                 on the supply of common wheat flour as food aid to the Republic of Bolivia
THE COMMISSION OF THE EUROPEAN                                    via Antofagasta, in view of the final use to be made of
COMMUNITIES,                                                      the goods delivered ;
Having regard to the Treaty establishing the European             Whereas the provisions of Commission Regulation
Economic Community,                                               (EEC) No 1974/80 of 22 July 1980 laying down
                                                                  general implementing rules in respect of certain food­
Having regard to Council Regulation (EEC) No                      aid operations involving cereals and rice Q, as last
2727/75 of 29 October 1975 on the common organi­                  amended by Regulation (EEC) No 3323/81 (8), should
zation of the market in cereals ('), as last amended by           be applied as far as possible, particularly in respect of
Regulation (EEC) No 1451 /82 (2), and in particular               the procedure for submission of tenders, since the
Article 28 thereof,                                               manner in which the security is lodged must guarantee
                                                                  that the successful tenderer complies with his obliga­
Having regard to Council Regulation (EEC) No                      tions ;
2750/75 of 29 October 1975 fixing criteria for the
mobilization of cereals intended as food aid (3), as              Whereas, however, the specific provisions concerning
amended by Regulation (EEC) No 3331 /82 (4), and in               delivery to destination must be set out ; whereas the
particular Article 6 thereof,                                     successful tenderer must thus bear all risk in the goods
                                                                  up to unloading at the stipulated destination ; whereas
Having regard to Council Regulation No 129 of 23                  payment can be made only when proof of delivery to
October 1962 on the value of the unit of account and              the destination is provided ;
the exchange rates to be applied for the purposes of
the common agricultural policy (5), as last amended by            Whereas it must be made clear who is to bear any
Regulation (EEC) No 2543/73 (6), and in particular                costs which arise in the event that, for reasons of force
Article 3 thereof,                                                 majeure, the operation in question is not completed
                                                                  within the period stipulated ;
Having regard to the opinion of the Monetary
Committee,                                                        Whereas the German intervention agency should be
                                                                  made responsible for the tendering procedure in ques­
Whereas on 2 February 1983 the Council of the Euro­               tion ;
pean Communities declared that by way of Commu­
nity action it proposed to grant Bolivia 10 000 tonnes            Whereas the measures provided for in this Regulation
of cereals under its food-aid programme for 1982 ;                are in accordance with the opinion of the Management
                                                                   Committee for Cereals,
Whereas Article 3 ( 1 ) of Regulation (EEC) No 2750/75
provides that when the situation on the market in
cereals in a Community region is such that there is a              HAS ADOPTED THIS REGULATION :
danger that the intervention agency concerned will
have to buy in large quantities, cereals may be mobi­
lized for food aid on that market in order to relieve it ;                                Article 1
whereas the present situation in the Federal Republic
of Germany is such that this possibility should be                 1 . The intervention agency mentioned in Annex I
made use of ; whereas successful tenderers should                  hereto is hereby required to implement the mobiliza­
therefore be obliged to buy the cereals to be used on              tion and supply of the product stated in the said
the German market and the intervention agency                      Annex as food aid, subject to the provisions of this
responsible for payment should assess the evidence                 Regulation .
that this special obligation has been met ;
                                                                   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 La Paz
                                                                   3 . Annex I shall take the place of a notice of invita­
(') OJ No   L 281 , 1 . 11 . 1975, p. 1 .                          tion to tender. The intervention agency responsible
(2) OJ No   L 164, 14. 6. 1982, p. 1 .                             shall make further publications as necessary.
(3) OJ No   L 281 , 1 . 11 . 1975, p. 89 .
(4) OJ No   L 352, 14. 12. 1982, p. 1 .
n   OJ No   106, 30 . 10 . 1962, p. 2553/62.                       0 OJ No L 192, 26 . 7. 1980, p. 11 .
(6) OJ No   L 263 , 19 . 9 . 1973 , p. 1 .                          8 OJ No L 334, 21 . 11 . 1981 , p. 27.
 ---pagebreak--- 25 . 3 . 83                        Official Journal of the European Communities                             No L 79/ 11
                         Article 2                           4. The intervention agency shall communicate the
                                                             results of the tendering procedure to all the tenderers
1 . For the purposes of the invitation to tender, the        by letter or telex sent not later than the first working
following provisions of Regulation (EEC) No 1974/80          day following the award decision .
shall apply :
— Article 4, except the provisions of paragraphs 3 (e)                                 Article 4
     and 4 (d) and (e), in respect of submission of
     tenders,                                                1.     The successful tenderer shall contract as neces­
                                                             sary, at his own expense, for carriage of the goods to
— Article 5 in respect of provision of security,             the final destination and shall bear all the costs
— Article 6 in respect of opening and reading                involved, including those of unloading and ware­
     tenders .                                               housing at the destination. He shall take out suitable
                                                             insurance.
2.     The tender shall indicate the amount of the
tender expressed per tonne of product, in the currency       2.     The successful tenderer shall bear all the risks
of the Member State where the tendering procedure is         relating to the goods, in particular of loss or deteriora­
taking place . The tender must include the cost of           tion to which the goods are subject, until they have
fumigation, unloading and warehousing at the final           effectively been unloaded and delivered to the final
destination stated in Annex I.                               destination .
                                                             3.     The successful tenderer shall communicate as
The tender shall state separately the amount of cost in
respect of sea and land transport to the stipulated final    soon as possible to the recipient's representaive the
destination .                                                date of loading, the means of transport used to consign
                                                             the goods to the final destination and the probable
The tender shall indicate the Member State in which          date of arrival . He shall immediately send this infor­
the tenderer, in the event of his being declared             mation to the intervention agency responsible for
successful, undertakes to complete the customs export        payment, which shall forward it without delay to the
                                                             Commission .
formalities.
                                                             The tenderer shall advise the recipient's representative,
3. The tender shall be accompanied by an under­              at least three days in advance, of the probable date of
taking to use for production of the common wheat             arrival of the goods at the final destination.
flour to be delivered under this Regulation, cereals
purchased in the Federal Republic of Germany.
                                                                                       Article 5
4. The tenderer shall carry out his obligations
pursuant to this Regulation and the undertakings              1 . The intervention agency of the country of ship­
referred to in Article 4 (4) of Regulation (EEC) No          ment shall arrange for a check at the port, before
1974/80, with the exception of subparagraphs (d) and         loading, on the quantity, quality and packaging of the
(e) thereof.                                                 goods. Following inspection an attestation shall be
                                                             issued by the intervention agency. The costs relating
5. The tenderer shall undertake to ship in vessels           thereto shall be borne by the successful tenderer.
listed in the larger classes in recognized classification
registers, not more than 1 5 years old, and attested by a    The successful tenderer shall provide that intervention
competent body as meeting hygiene requirements .             agency with a certificate from the organization which
                                                             undertook fumigation, showing that that operation has
                                                             been carried out.
                         Article 3
                                                             The successful tenderer shall send the supervising
                                                             agency, before the quality check mentioned in Article
 1.    Without prejudice to paragraphs 2 and 3, the           1 is made, evidence that the products were manufac­
contract shall be awarded within 48 hours to the
                                                             tured from cereals purchased in the Federal Republic
tenderer who has submitted the most favourable
                                                             of Germany.
tender.
                                                              2. Samples intended for analysis shall be taken and
2.      Where the most favourable tender is submitted        the inspection shall be carried out in accordance with
by more than one tenderer, the intervention agency            the trade practices in force in the country of shipment.
shall award the contract to one of those tenderers by        The successful tenderer and the recipient's representa­
drawing lots .                                                tive shall be invited to take part in the operation .
3.      If the tenders do not appear to be in line with      Two sealed samples shall be kept by the intervention
the prices normally prevailing on the market, the             agency until issue by the recipient of the taking-over
intervention agency may, with the agreement of the            certificate or until issue of the certificate referred to in
Commission , decide not to award the contract.                Article 6 (2).
 ---pagebreak--- No L 79/ 12                          Official Journal of the European Communities                                25 . 3 . 83
3. If the inspection referred to in paragraph 1 gives          copy thereof, or, if this is not available, of the certifi­
rise to a dispute, the intervention agency shall arrange       cate referred to in Article 6 (2).
for a second inspection by a service different from that
mentioned in paragraph 1 , the findings of which shall         4. The intervention agency is hereby authorized to
be final. The costs relating thereto shall be borne by         make without delay an initial payment of 80 % of the
the losing party.                                              value of the quantity given in the bill of lading, on
                                                               presentation of a copy of that document, of the attesta­
4. Where the inspection provided for in the pre­               tion referred to in Article 5 ( 1 ) and of the fumigation
ceding paragraphs reveals that the goods do not satisfy        certificate, and subject to the provision of a security for
the requirements stipulated, they must be refused and          an amount equal to the initial payment.
replaced. Where some quantities are missing the
successful tenderer must make up the cargo.                    The said security shall be provided as laid down in
                                                               Article 5 (2) of Regulation (EEC) No 1974/80 .
5. If the evidence referred to in the third subpara­
graph of paragraph 1 is not furnished to the satisfac­
tion of the intervention agency the products must be
                                                                                         Article 8
refused and replaced.
                                                               1 . The security referred to in Article 2 shall be
                          Article 6                            immediately released to :
1 . A taking-over certificate shall be issued by the           — every tenderer whose tender was not successful or
recipient immediately following unloading at the final              was not accepted,
destination .                                                  — the successful tenderer in respect of quantities not
                                                                    delivered on account of force majeure,
It shall state the place and date of taking over and give
a description of the goods taken over in the form              — the successful tenderer in respect of the quantities
given in Annex II and any comments by the recipient.                delivered in accordance with this Regulation and
                                                                    on presentation of the original of the taking-over
2. Where the taking-over certificate is not issued for              certificate or a certified true copy thereof or, where
reasons other than a dispute about the goods, proof of              appropriate, the certificate referred to in Article
delivery may be provided by means of a certificate of               6 (2).
the form given in Annex II endorsed by the Commu­
nity representative in the country of destination .            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
                          Article 7                            least 80 % of the quantity provided for has been
                                                               delivered in conformity with the conditions laid down
1 . Payment to the successful tenderer shall be made           in this Regulation .
by the intervention agency of the Member State in
which the customs export formalities are completed.
                                                                                          Article 9
2.      The amount to be paid shall be that of the tender
plus, where appropriate, the costs referred to in Article      If the successful tenderer, for reasons of force majeure,
9 . It shall be paid in the currency of the Member State       has to bear exceptional costs in respect of the delivery
which is responsible for payment. For this purpose             made under this Regulation which cannot be covered
this amount shall be converted by using :                      by insurance, he may receive compensation therefor
— where the currencies in question are maintained              on production of supporting documents and with the
     within a maximum spread at any one time of                prior agreement of the Commission .
      2,25 % , the conversion rate resulting from their
      central rate ,
                                                                                         Article 10
— in other cases, the relationship between the two
      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.
 ---pagebreak--- 25. 3 . 83                          Official Journal of the European Communities                          No L 79/ 13
                        Article 11                            The intervention agency in the country of shipment
                                                              shall send the Commission, without delay, the results
Articles 21 and 22 ( 1 ) and (2) of Regulation (EEC) No       of the inspection referred to in Article 5.
1974/80 shall apply in the context of this Regulation .
                                                                                     Article 12
The intervention agency responsible for payment shall,        This Regulation shall enter into force on the day
on receipt, send the information referred to in Article       following its publication in the Official Journal of the
4 (3) to the Commission.                                      European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 23 March 1983 .
                                                                       For the Commission
                                                                          Poul DALSAGER
                                                                   Member of the Commission
 ---pagebreak--- No L 79/ 14                          Official Journal of the European Communities                                25. 3 . 83
                                                         ANNEX I
             1 . Programme : 1982
             2. Recipient : Republic of Bolivia
             3 . Place or country of destination : La Paz
             4. Products to be mobilized : common wheat flour
             5. Total quantity : 7 300 tonnes (10 000 tonnes of cereals)
             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 : the market of the Federal Republic of Germany
             9. Characteristics of the goods :
                  — flour of fair and sound merchantable quality, free from abnormal smell and pests
                  — moisture : 14 % maximum
                  — protein content : 1 0,5 % minimum (N x 6,25 on dry matter)
                  — ash content : 0,62 % maximum referred to dry matter
            10. Packaging :
                  —  in bags (') :
                  —  quality of the bags : woven synthetic
                  —  net weight of the bags : 25 kg
                  —  marking on the bags (in letters at least 5 cm high) :
                     'HARINA DE TRIGO / DONACIÓN DE LA COMUNIDAD ECONÓMICA EUROPEA A
                     BOLIVIA / PARA DISTRIBUCIÓN GRATUITA'
            1 1 . Port of shipment : a Community port
            12. Delivery stage : delivered destination — La Paz via Antofagasta
            1 3. Procedure to be applied in order to determine supply costs : tendering
            14. Deadline for the submission of tenders : 12 noon on 12 April 1983
            15. Shipment period : 1 to 31 May 1983
            16 . Security : 15 ECU per tonne
             (') Since the goods may be rebagged, the successful tenderer must provide 2 /o of empty bags of the
                  same quality as those containing the goods, with the marking followed by a capital 'R\
 ---pagebreak--- 25 . 3 . 83                        Official Journal of the European Communities                                No L 79 / 15
                                                       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.