CELEX: 31984R0670
Language: en
Date: 1984-03-15 00:00:00
Title: Commission Regulation (EEC) No 670/84 of 15 March 1984 on the delivery of milled long grain rice to the Republic of Niger as food aid

No L 73/22                            Official Journal of the European Communities                              16. 3. 84
                                  COMMISSION REGULATION (EEC) No 670/84
                                                    of IS March 1984
                on the delivery of milled long grain rice to the Republic of Niger as food aid
THE COMMISSION OF THE EUROPEAN                                  that the successful tenderer complies with his obliga­
COMMUNITIES,                                                    tions ;
Having regard to the Treaty establishing the European           Whereas, however, the specific provisions concerning
Economic Community,                                             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
1418/76 of 21 June 1976 on the common organization              up to unloading at the stipulated destination ; whereas
of the market in rice (l), as last amended by Regulation        payment can be made only when proof of delivery to
(EEC) No 174/84 (2), and in particular Article 25               the destination is provided ;
thereof,
                                                                Whereas it must be made clear who is to bear any
Having regard to Council Regulation (EEC) No                    costs which arise in the event that for reasons of force
2750/75 of 29 October 1975 fixing criteria for the               majeure the operation in question is not completed
mobilization of cereals intended as food aid (3), as            within the period stipulated ;
amended by Regulation (EEC) No 3331 /82 (4), and in
particular Article 6 thereof,                                   Whereas the Italian intervention agency should be
                                                                made responsible for the tendering procedure in
Having regard to Council Regulation No 129 of 23                question ;
October 1962 on the value of the unit of account and
the exchange rates to be applied for the purposes of            Whereas the measures provided for in this Regulation
the common agricultural policy (*), as last amended by          are in accordance with the opinion of the Management
Regulation (EEC) No 2543/73 (*), and in particular              Committee for Cereals,
Article 3 thereof,
Having regard to the opinion of the Monetary
Committee,                                                       HAS ADOPTED THIS REGULATION :
Whereas, on 8 March 1982, the Council of the Euro­
pean Communities decided to grant, under a
Community measure, 5 000 tonnes of cereals to the                                      Article 1
Republic of Niger under the food-aid programme for
 1981 ;                                                          1 . The intervention agency mentioned in Annex I
                                                                 hereto is hereby required to implement the mobiliza­
Whereas, pursuant to Article 3 (3) of Council Regula­            tion and supply of the product stated in the said
tion (EEC) No 2750/75, the goods may be purchased               Annex as food aid, subject to the provisions of this
anywhere on the Community market ;                               Regulation.
Whereas an invitation to tender should be issued for
                                                                 2. Supply of the products shall be organized under
supply of the products delivered unloaded at destina­            the tender procedure.
tion in view of the final use to be made of the goods
delivered ;
                                                                 3. Annex I shall take the place of a notice of invi­
Whereas the provisions of Commission Regulation                  tation to tender. The intervention agency responsible
(EEC) No 1974/80 of 22 July 1980 laying down                     shall make further publications as necessary.
general implementing rules in respect of certain food­
aid operations involving cereals and rice (7), as last
                                                                                        Article 2
 amended by Regulation (EEC) No 3323/81 (8), should
be applied as far as possible, particularly in respect of
 the procedure for submission of tenders, since the              1 . For the purposes of the invitation to tender, the
 manner in which the security is lodged must guarantee           following provisions of Regulation (EEC) No 1974/80
                                                                 shall apply :
 (') OJ No L 166, 25. 6. 1976, p. 1 .                            — Article 4, except the provisions of paragraphs 3 (e)
 0 OJ No L 21 , 26. 1 . 1984, p. 1 .                                 and 4 (d) and (e), in respect of submission of
 I3) OJ No L 281 , 1 . 11 . 1975, p. 89.                              tenders,
 (<) OJ No L 352, 14. 12. 1982, p. 1 .
 0 OJ No 106, 30. 10. 1962, p. 2553/62.                          — Article 5 in respect of provision of security,
 (j OJ No L 263, 19. 9. 1973, p. 1 .
 0 OJ No L 192, 26. 7. 1980, p. 11 .                             — Article 6 in respect of opening and reading
 (8) OJ No L 334, 21 . 11 . 1981 , p. 27.                             tenders.
 ---pagebreak--- 16. 3 . 84                          Official Journal of the European Communities                             No L 73/23
2.     The tender shall indicate the amount of the            effectively been unloaded and delivered to the final
tender expressed per tonne of product, in the currency        destination.
of the Member State where the tendering procedure is
taking place. The tender must include the cost of             3.      The successful tenderer shall communicate as
fumigation, unloading and warehousing at the final            soon as possible to the recipient's representative the
destination stated in Annex I.                                date of loading, the means of transport used to consign
                                                              the goods to the final destination, and the probable
The tender shall state separately the amount of cost in       date of arrival. He shall immediately send this infor­
respect of sea and land transport to the stipulated final      mation to the intervention agency responsible for
destination .                                                  payment, which shall forward it without delay to the
                                                               Commission .
The tender shall indicate the Member State in which
the tenderer, in the event of his being declared              The tenderer shall advise the recipient's representative,
successful, undertakes to complete the customs export          at least three days in advance, of the probable date of
formalities.
                                                               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 the certificate showing that that the
                                                               fumigation has been carried out.
 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                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 pre­
                          Article 4
                                                                ceding 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
  insurance.                                                                             Article 6
  2.    The successful tenderer shall bear all the risks        1 . A taking-over certificate shall be issued by the
  relating to the goods, in particular of loss or deteriora­    recipient immediately following unloading at the final
  tion to which the goods are subject, until they have          destination. It shall state the place and date of taking
 ---pagebreak--- No L 73/24                            Official Journal of the European Communities                               16. 3. 84
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                          certificate or a certified true copy thereof or,
Community representative in the country of destina­                 where appropriate, the certificate referred to in
tion .
                                                                    Article 6 (2).
                                                                2.    The security referred to in Article 7 (4) shall be
                         Article 7                              released immediately when the successful tenderer
                                                                furnishes the proof in accordance with Article 6 that at
                                                                least 80 % of the quantity provided for has been
 1 . Payment to the successful tenderer shall be made           delivered in conformity with the conditions laid down
by the intervention agency of the Member State in               in this Regulation.
which the customs export formalities are completed.
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              If the successful tenderer, for reasons of force majeure,
Member State which is responsible for payment. For              has to bear exceptional costs in respect of the delivery
this purpose this amount shall be converted by using :          made under this Regulation which cannot be covered
                                                                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
                                                                following a case of force majeure shall be borne by the
paid to the successful tenderer on presentation of the          intervention agency responsible for payment.
original of the taking-over certificate or a certified
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 attes­          The intervention agency responsible for payment shall,
tation referred to in Article 5 (1 ) and of the fumigation      on receipt, send the information referred to in Article
certificate, and subject to the provision of a security for     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--- 16. 3 . 84                    Official Journal of the European Communities                        No L 73/25
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 15 March 1984.
                                                                  For the Commission
                                                                    Poul DALSAGER
                                                              Member of the Commission
 ---pagebreak--- No L 73/26                           Official Journal of the European Communities                              16. 3 . 84
                                                           ANNEX I
              1 . Programme : 1981
              2. Recipient : Republic of Niger
              3. Place or country of destination : Republic of Niger
              4. Product to be mobilized : milled long grain rice
              5. Total quantity : 1725 tonnes (5 000 tonnes of cereals)
              6. Number of lots : one (in three parts) :
                  — part 1 : 855 tonnes for Niamey
                  — part 2 : 435 tonnes for Dosso
                  — part 3 : 435 tonnes for Birni-Nkonni
              7. Intervention agency responsible for conducting the procedure :
                  Ente nazionale risi, piazza Pio XI, 1 , I-Milano (telex 334 032)
              8. Method of mobilizing the product : the Community market
              9. Characteristics of the goods :
                  — rice of fair and sound merchantable quality, free from abnormal smell and pests
                  — moisture : 1 5 %
                  — broken rice : 5 % maximum
                  —  chalky grains : 5 % maximum
                  —  grains striated with red : 3 % maximum
                  —  spotted grains : 1 ,5 % maximum
                  —  stained grains : 1 % maximum
                  —  yellow grains : 0,050 % maximum
                  —  amber grains : 0,20 % maximum
            10. Packaging :
                  — in bags :
                     — quality of the bags : new jute sacks, 600 g
                     — net weight of the bags : 50 kg
                  — marking of the bags in letters at least 5 cm high :
                     •RIZ — DON DE LA COMMUNAUTÉ ÉCONOMIQUE EUROPÉENNE À LA
                     RÉPUBLIQUE DU NIGER'
            11 . Port of shipment : a Community port
            12. Delivery stage : delivered destination — Centre de stockage de 1 OPVN :
                  — part 1 : 855 tonnes, Niamey via Cotonou
                  — part 2 : 435 tonnes, Dosso via Cotonou
                  — part 3 : 435 tonnes, Birni-Nkonni via Cotonou
            13. Procedure to be applied in order to determine supply costs : tendering
            14. Deadline for die submission of tenders : 12 noon on 26 March 1984
           .15. Shipment period : 20 April to 20 May 1984
            16. Security : 12 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 Niger, c/o "Diplomatic Bag', Berlaymont 1 / 123, 200 rue de la Loi,
                 B-1049 Brussels .
 ---pagebreak--- 16. 3 . 84                         Official Journal of the European Communities                                No L 73/27
                                                      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.