CELEX: 31984R0397
Language: en
Date: 1984-02-16 00:00:00
Title: Commission Regulation (EEC) No 397/84 of 16 February 1984 on delivery of common wheat as food aid to Rwanda

17. 2. 84                              Official Journal of the European Communities                          No L 47/45
                                  COMMISSION REGULATION (EEC) No 397/84
                                                    of 16 February 1984
                               on delivery of common wheat as food aid to Rwanda
THE COMMISSION OF THE EUROPEAN                                   Whereas an invitation to tender should be issued for
COMMUNITIES,                                                     supply of the products delivered unloaded at destina­
                                                                 tion in view of the final use to be made of the goods
Having regard to the Treaty establishing the European            delivered ;
Economic Community,
                                                                 Whereas the provisions of Commission Regulation
Having regard to Council Regulation (EEC) No                     (EEC) No 1974/80 of 22 July 1980 laying down
2727/75 of 29 October 1975 on the common organi­                 general implementing rules in respect of certain food­
zation of the market in cereals ('), as last amended by          aid operations involving cereals and rice (8), as last
Regulation (EEC) No 1451 /82 (2),                                amended by Regulation (EEC) No 3323/81 (9), should
                                                                 be applied as far as possible, particularly in respect of
                                                                 the procedure for submission of tenders, since the
Having regard to Council Regulation (EEC) No                     manner in which the security is lodged must guarantee
2750/75 of 29 October 1975 fixing criteria for the               that the successful tenderer complies with his obliga­
mobilization of cereals intended as food aid (3), as             tions ;
amended by Regulation (EEC) No 3331 /82 (4), and in
particular Article 6 thereof,                                    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
1992/83 of 11 July 1983 laying down the implemen­                up to unloading at the stipulated destination ; whereas
ting rules for 1983 for Regulation (EEC) No 3331 /82             payment can be made only when proof of delivery to
concerning food-aid policy and food-aid manage­                  the destination is provided ;
ment (5),
                                                                 Whereas it must be made clear who is to bear any
Having regard to Council Regulation No 129 of 23                 costs which arise in the event for reasons of force
October 1962 on the value of the unit of account and              majeure the operation in question is not completed
the exchange rates to be applied for the purposes of             within the period stipulated ;
the common agricultural policy (6), as last amended by
Regulation (EEC) No 2543/73 Q, and in particular                 Whereas the measures provided for in this Regulation
Article 3 thereof,                                                are in accordance with the opinion of the Management
                                                                  Committee for Cereals,
Having regard to the opinion of the Monetary
Committee,
Whereas on 26 April 1982 the Council of the Euro­                 HAS ADOPTED THIS REGULATION :
pean Communities expressed its intention to grant,
under a Community measure, 1 500 tonnes of cereals
to Rwanda under its food-aid programme for 1982 ;                                        Article 1
Whereas on 29 July 1983 the Commission of the                     1 . The intervention agency mentioned in Annex I
European Communities decided to grant by way of                   hereto is hereby required to implement the mobiliza­
Community action 3 000 tonnes of cereals to Rwanda                tion and supply of the product stated in the said
under the 1983 food-aid programme ;                               Annex as food aid, subject to the provisions of this
                                                                  Regulation .
Whereas pursuant to Article 3 (2) of Council Regula­
tion (EEC) No 2750/75 intervention products may be                2. Supply of the products shall be organized by
utilized ;                                                        tendering procedure.
                                                                  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
(z) OJ No  L 164, 14. 6. 1982, p. 1 .
(3) OJ No  L 281 , 1 . 11 . 1975, p. 89.                          shall make further publications as necessary.
(") OJ No  L 52, 14. 12. 1982, p. 1 .
0   OJ No  L 196, 20 . 7. 1983, p. 1 .
(6) OJ No  106, 30. 10. 1962, p. 2553/62.                         (8) OJ No L 192, 26. 7. 1980, p. 11 .
0   OJ No  L 263 , 19 . 9 . 1973, p. 1 .                          0 OJ No L 334, 21 . 11 . 1981 , p. 27.
 ---pagebreak--- No L 47/46                         Official Journal of the European Communities                                17. 2. 84
                        Article 2                                                     Article 4
1 . Without prejudice to the specific provisions of          1 . The intervention agency of the country of ship­
this Regulation the provisions of Articles 4, 5, 6 and 7     ment shall arrange for a check at the port before
of Regulation (EEC) No 1974/80 shall apply to the            loading on the quantity, quality and packaging of the
tendering procedure.                                         goods. Following inspection an attestation shall be
                                                             issued by the intervention agency. The costs relating
                                                             thereto shall be borne by the successful tenderer.
2. The tender must include the cost of fumigation,
unloading and warehousing at the final destination           The successful tenderer shall provide that intervention
stated in Annex I.
                                                             agency with a certificate from the organization which
                                                             undertook fumigation, showing that that operation has
Tenders shall state separately the amount of cost in         been carried out.
respect of sea and land transport to the stipulated final
destination .                                                2. Samples intended for analysis shall be taken and
                                                             the inspection shall be carried out in accordance with
Tenders shall indicate the. Member State in which the        the trade practices in force in the country of shipment.
tenderer, in the event of his being declared successful,     The successful tenderer and the recipient's representa­
undertakes to complete the customs export formalities.       tive shall be invited to take part in the operation.
                                                             Two sealed samples shall be kept by the intervention
3 . The tenderer shall carry out his obligations
pursuant to this Regulation and the undertakings
                                                             agency until issue by the recipient of the taking-over
                                                             certificate or until issue of the certificate referred to in
referred to in Article 4 (4) of Regulation (EEC) No          Article 5 (2).
1974/ 80 .
                                                             3. If the inspection referred to in paragraph 1 gives
4. The tenderer shall undertake to ship in vessels           rise to a dispute, the intervention agency shall arrange
listed in the larger classes in recognized classification    for a second inspection by a service different from that
registers, not more than 15 years old, and attested by a     mentioned in paragraph 1 , the findings of which shall
competent body as meeting hygiene requirements.              be final. The costs relating thereto shall be borne by
                                                             the losing party.
                        Article 3                            4.    Where the inspection provided for in the prece­
                                                             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 5
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
tion to which the goods are subject, until they have         over and give a description of the goods taken over in
effectively been unloaded and delivered to the final         the form given in Annex II and any comments by the
destination .                                                recipient.
3.    The successful tenderer shall communicate as           2. Where the taking-over certificate is not issued for
soon as possible to the recipient's representative the       reasons other than a dispute about the goods, proof of
date of loading, the means of transport used to consign      delivery may be provided by means of a certificate of
the goods to the final destination, and the probable         the form given in Annex II endorsed by the Commu­
date of arrival . He shall immediately send this infor­      nity representative in the country of destination.
mation to the intervention agency responsible for
payment, which shall forward it without delay to the
Commission .                                                                           Article 6
The tenderer shall advise the recipient's representative,     1.    Payment to the successful tenderer shall be made
at least three days in advance, of the probable date of      by the intervention agency of the Member State which
arrival of the goods at the final destination .              held the intervention products.
 ---pagebreak---  17. 2 . 84                            Official Journal of the European Communities                          No L 47/47
 2. The amount to be paid shall be that of the tender                 appropriate, the certificate referred to in Article
 plus, where appropriate, the costs referred to in Article            5(2).
 8 . It shall be paid in the currency of the Member State
which is responsible for payment. For this purpose               2. The security referred to in Article 6 (4) shall be
this amount shall be converted by using :                        released immediately when the successful tenderer
                                                                 furnishes the proof in accordance with Article 5 that at
— where the currencies in question are maintained                least 80 % of the quantity provided for has been deli­
      within a maximum spread at any one time of                 vered in conformity with the conditions laid down in
       2,25 % , the conversion rate resulting from their         this Regulation .
      central rate,
— in other cases, the relationship between the two                                        Article 8
      currencies concerned established by using the
      latest statement of their sport exchange rates made        If the successful tenderer, has to bear exceptional costs
      immediately prior to the closing date for the              in respect of the delivery made under this Regulation
      submission of tenders as published in the 'C' series       which cannot be covered by insurance, he may receive
      of the Official Journal of the European Commu­             compensation therefor on production of supporting
       nities.                                                   documents and with the prior agreement of the
                                                                 Commission .
3.       The amount referred to in paragraph 2 shall be
paid to the successful tenderer on presentation of the                                    Article 9
original of the taking-over certificate or a certified
copy thereof, or, if this is not available, of the certifi­      Except in case of force majeure the successful tenderer
cate referred to in Article 5 (2).                               shall bear all the financial consequences of the non­
                                                                 delivery of the goods under the conditions laid down
4.      The intervention agency is hereby authorized to          in this Regulation if the recipient had made delivery
make without delay an initial payment of 80 % of the             possible under such conditions.
value of the quantity given in the bill of lading, on
presentation of a copy of that document, of the attesta­         The costs resulting from the non-delivery of the goods
tion referred to in Article 4(1 ) and of the fumigation          following a case of force majeure shall be borne by the
certificate, and subject to the provision of a security for      intervention agency responsible for payment.
an amount equal to the initial payment.
                                                                                         Article 10
The said security shall be provided as laid down in
Article 5(2) of Regulation (EEC) No 1974/80 .                    Articles 21 and 22 ( 1 ) and (2) of Regulation (EEC) No
                                                                 1974/80 shall apply in the context of this Regulation .
                            Article 7                            The intervention agency responsible for payment shall,
                                                                 on receipt, send the information referred to in Article
1 . The security referred to in Article 2 shall be               3 (3) to the Commission .
immediately released to :
— every tenderer whose tender was not successful or              The intervention agency in the country of shipment
      was not accepted,                                          shall send the Commission, without delay, the results
                                                                 of the inspection referred to in Article 4.
— the successful tenderer in respect of quantities not
      delivered on account of force majeure,                                             Article 11
— the successful tenderer in respect of the quantities
      delivered in accordance with this Regulation and           This Regulation shall enter into force on the day
      on presentation of the original of the taking-over         following its publication in the Official Journal of the
      certificate or a certified true copy thereof or, where     European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 16 February 1984.
                                                                            For the Commission
                                                                              Poul DALSAGER
                                                                       Member of the Commission
 ---pagebreak--- No L 47/48                         Official Journal of the European Communities                                17 . 2 .
                                                         ANNEX I
             1 . Programme : 1982 and 1983
             2. Recipient : Rwanda
             3 . Place or country of destination : Kicukiro
             4. Product to be mobilized : common wheat
             5. Total quantity : 4 500 tonnes
             6 . Number of lots : two of 2 250 tonnes each
             7. Intervention agency responsible for conducting the procedure :
                 Intervention Board for Agricultural Produce, Fountain House, 2 Queens Walk, UK-Reading RG1
                 7QW, Berkshire (telex 848 302)
             8 . Method of mobilizing the product : intervention
             9. Characteristics of the goods :
                 the common wheat must be of fair and sound merchantable quality and correspond at least to
                 the minimum bread-making quality required for intervention (moisture : 14,5 % maximum)
           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) :
                     'FROMENT / DON DE LA COMMUNAUTÉ ÉCONOMIQUE EUROPÉENNE À LA
                     RÉPUBLIQUE RWANDAISE'
           1 1 . Port of shipment : a Community port
           1 2. Delivery stage : delivered destination. Entrepot CEE of Oprovia in Kicukiro (Kigali) via
                 Mombasa (Oprovia, siège social à Kigali, BP 953, Kigali, Rwanda)
           13 . Procedure to be applied in order to determine supply costs : tendering
           14. Deadline for the submission of tenders : 12 noon on 27 February 1984
           1 5. Shipment period :
                 Lot 1 : 1 to 31 March 1984
                 Lot 2 : 1 to 3 1 May 1 984
           1 6 . Security : 6 ECU per tonne
           Notes :
           1 . 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'.
           2. 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,
                200, B-1049 Brussels .
 ---pagebreak--- 17 . 2 . 84                         Official Journal of the European Communities                                No L 47/49
                                                       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 in the invitation to tender.
 ---pagebreak--- No L 47/ 50                 Official Journal of the European Communities                             17. 2. 84
BILAG III — ANHANG III — ΠΑΡΑΡΤΗΜΑ III — ANNEX III — ANNEXE III — ALLEGATO III — BIJLAGE III
  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 εναποθηκευτού      Τόπος αποθηκεύσεως
   Number of lot       Tonnage                           Address of store           Town at which stored
  Numéro 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
           1            4 500             Anglia Agricultural Merchants Ltd,      New Forge
                                          New Forge Warehouse,
                                          Clenchwarton Road,
                                          West Lynn ,
                                          Kings Lynn,
                                          Norfolk